Wine & Law Program



Faculty of Law and Political Science - University of Reims

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Geographical Indications, European Law, Book

Jus Vini n°1/2023 – Leading article

Jus Vini n°1/2023 has some originality regarding its leading article. A. Ribeiro de Almeida's initial contribution found an answer in B. O'Connor's article. While both texts are dealing with GI's on a European level, the opinion of both authors is different.

In order to allow the largest plurality of opinion, the Editors thought to present both articles in the same issue of Jus Vini. The aim is to have a debate. You can read the abstract of both article below:


THE FUTURE OF GIs IN THE EUROPEAN UNION (DO THE PROPOSED CHANGES REPLY TO THE CHALLENGES AND ISSUES THAT GIs FACE TODAY?)

A. Ribeiro de Almeida

Abstract: The European Union is drafting a reform of the legal framework for geographical indications. The role the European Union Intellectual Property Office will play in this reform as well as the competences to be retained by the European Commission are not yet clear. However, a major change in the political understanding of the role of GIs under European Union policy can be expected; not only the role of GIs but also their legal understanding – for those that still comprehend GIs as public goods – may follow another path. There also seems to be a move from a quality policy to a sustainability policy, which will represent a new challenge for the GI producer groups. Some of the changes that are foreseen seem to be inspired by the future regime of non-agricultural GIs. GIs face a new challenge for the future, especially concerning the prerequisites for the recognition of a GI producer group.


OBSERVATIONS ON THE COMMISSION PROPOSAL TO REFORM THE EU RULES ON GIs FOR WINE, SPIRIT DRINKS AND AGRICULTURAL PRODUCTS

B. O'Connor

Abstract: This article examines the provisions on geographical indications in the European Commission's proposal to replace the 2012 EU Quality Regulation. It was written before the proposal was subject to detailed examination in the European Parliament and the Council. The article argues that the proposal is a missed opportunity to create a single instrument, like for all other forms of intellectual property, for geographical indications as such, and the need to better explore the concept of the link between a product's characteristics or qualities or reputation and its origin. The proposal does not give sufficient weight to the role of consumers and the wider society in preserving the cultures and traditions that this form of intellectual property seeks to protect.

Geographical Indications, European Law

Modernised Agreement between the EU and Chile should benefit trade

A modernised version of the agreement between the EU and Chile was enforced. Not only does it increases the number of wine and spirit that fall under the bilateral agreement, it also strenghten the commercial relationship between the two parties.

Read more on the European Commission's website.

Geographical Indications

3 500 GIs in the EU

2023 is the year the 3 500th Geographical Indication has been registered. The number is significatif and a good reprensentation of the tendency of protecting IP rights for agricultural products.

Read the article on the European Commission's website.

Geographical Indications, International Law

The EU-Korea trade agreement adds new GI’s to be protected

The protocol of negociation of a bilateral trade agreement includes the possibility to add new products to be protected under the agreement. This is precisely what happened regarding the agreement between EU and Korea.

Read the article on the European Commission's website.

Geographical Indications

New GIs in the UK

A lot of circonstances, including Brexit and climate change might lead the UK in the registration of more GIs and PDOs in the nea future. This summer, a new PDO for wine has been registered under the name "Sussex". This registration follows the new protocol intended by the new UK GI scheme.

Read more on vineyardmagazine.co.uk.

Geographical Indications, European Law

New trade agreement between New-Zealand and the EU soon to be enforced

The New-Zealand Foreign Affairs and Trade Ministry just released a draft of an ongoing negociation for a Trade Agreement with the EU. As of yet, the Agreement offers to recognize and protect more than 2 000 european GI's.

Find the Agreement on NZ's Foreign Affairs and Trade website.

Appellation of Origin, Geographical Indications

The OIV revises its definitions of GI and AO

The OIV pursue its work on defining and promoting appellations of origin and geographical indications on an international level. During the last General Assembly, the definition of AO and GI have been revised to take in consideration the promotion and protection of those concepts.

Find the article on OIV's website.

Geographical Indications

Protection of GIs in China

EUIPO presents a short video about the protection of GIs in China. The subject is dealt with Mr. Massimo Vittori and presents the situation of GIs protection from a producter's persepective.

See the video on YouTube.

Geographical Indications

Lisbon Agreement’s Geneva Act receives first geographical indication

Cambodia inogurated the Lisbon Agreement's Geneva Act by registering the first geographical indication through the Lisbon System.

Find the press release here.

Geographical Indications

Strengthening geographical indications – online conference

On 25 and 26 November, the Agriculture and Rural Development Commission will hold an online conference on measures to "strengthen GI's". There will be a large consultation of stakeholders. This event will be followed by an other conference named "Trade Marks and Geographical Indications: future perspectives".

Find the details on the ec.europa.eu.

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