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  • Series: Elgar Intellectual Property Law and Practice series x
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Michael Blakeney

Geographical indications, or marks designating a product’s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement.
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Michael Blakeney

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Michael Blakeney

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Michael Blakeney

This chapter explores the economic significance of geographical indications (GIs) in EU trade, seeking to quantify the specific contribution of GIs to product value. It defines the scope of the book as examining the European laws concerning the protection of GIs and geographical trade marks and looks at the application of those laws in the UK. The contents of the various chapters of the book are summarised. This chapter looks at the historical origins of GIs from mediaeval times in France through to the international protection of GIs. Finally, the chapter looks at the definitions of the various terms used in connection with GIs.

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Michael Blakeney

Chapter 2 looks at the international regulation of GIs. It surveys the Paris Convention for the Protection of Industrial Property 1883; Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods 1891; International Convention on the Use of Appellations of Origin and Denominations of Cheeses (‘Stresa Convention’) 1951; Lisbon Agreement for the Protection of Appellations of Origin and their Registration; and in particular, the GIs provisions of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), which is increasingly influencing the jurisprudence of the Court of Justice of the European Union (CJEU). Finally, it looks at recent proposals to revive the Lisbon Agreement.

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Michael Blakeney

Chapter 3 examines the European legislation concerned with the protection of GIs and designations of origin for agricultural products and foodstuffs. This is based on the legal framework provided by EU Regulation No 1151/2012 on quality schemes for agricultural products and foodstuffs and Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products. The chapter looks at the schemes for the registration of protected geographical indications (PGI), protected designations of origin (PDO) and traditional specialities guaranteed (TSG), as well as optional quality terms. The chapter looks at the way this legislation deals with homonyms, generic terms and the relationship with trade marks. It looks at the opposition procedures, eligible applicants and rights arising from registration.

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Michael Blakeney

Chapter 4 surveys the European legislation concerning wines, focusing upon Council Regulation 479/2008 of 29 April 2008 on the common organisation of the market in wine (Wine Regulation), the wine provisions of Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, together with Commission Delegated Regulation (EU) 2019/33, and Commission Implementing Regulation (EU) 2019/34. It examines the recent case Comité Interprofessionnel du Vin de Champagne v. Aldi Süd Dienstleistungs-GmbH & Co and Galana NV (2017) which construes the recent regulations. The chapter looks at the registration system for wine GIs and the protection of traditional terms. It discusses the opposition procedure, cancellation and rights arising from registration.

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Michael Blakeney

Chapter 5 deals with the protection of GIs and designations of origin for spirits in Europe and looks at the regime inaugurated by Regulation (EC) No 110/2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks. This chapter also examines Commission Implementing Regulation (EU) No 716/2013 of 25 July 2013, which contains rules dealing in particular with the use of compound terms, allusions, sales denominations and GIs for the presentation of spirit drinks and the application and objections process for GIs. It details the proposed new 2019 regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks. The chapter looks at the case law dealing with: ‘Whisky’ ‘Cognac’ and ‘Calvados’.

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Michael Blakeney

Chapter 6 is taken up with the protection of GIs by European trade marks, collective marks and certification marks legislation. It looks at the proposed amendments to the Community Trade Mark Regulation to provide for the registration of certification marks. The chapter looks at the concept of distinctiveness of trade marks, the acquired distinctiveness of geographical marks and absolute bars to registration aligned with GIs protection and looks at the relationship between trade marks and GIs. It looks at the relevance of TRIPS and other international instruments in the interpretation of European trade marks law. The common law remedy in passing off is examined in its application to geographical marks and the chapter concludes with an examination of the World Intellectual Property Organization’s (WIPO) Uniform Domain Name Dispute Resolution Policy.