Herramientas IG

Bibliografía

Esquivel A., Will coffee be the new wine? The EU–Central American Association Agreement and the European shaping of GIs in Costa Rica, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 310–315 (2023)

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The EU free trade agreements have become the single most influential force shaping the Geographical Indication landscape today. While their critics may see GIs as an unwelcome ‘Trojan horse’ to be let in in exchange for access to the European market, this legal figure has the potential of becoming greatly [...]

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The EU free trade agreements have become the single most influential force shaping the Geographical Indication landscape today. While their critics may see GIs as an unwelcome ‘Trojan horse’ to be let in in exchange for access to the European market, this legal figure has the potential of becoming greatly beneficial for developing countries.
It looks in particular at Costa Rica before and after the signature of the EU–Central American Association Agreement of 2012. We examine the practicalities of its implementation on the ground and its impact on the local industry of cheese ‘generics’. It also explores its potential effect on the coffee industry and assess how a developing country of modest size like Costa Rica can embrace this foreign legal transplant and use it to its advantage.

Zappalaglio A., Study on the Functioning of the EU GI System, 2022, (together with Suelen Carls et al.) (2022)

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This study is the largest empirical work on the functioning of EU agricultural GIs and it aims to provide more insight into the practical nature, functioning and foundations of the EU sui generis GI regime for the protection of agricultural products and foodstuffs.

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This study is the largest empirical work on the functioning of EU agricultural GIs and it aims to provide more insight into the practical nature, functioning and foundations of the EU sui generis GI regime for the protection of agricultural products and foodstuffs.

FAO, The nutrition and health potential of geographical indication foods (2021)

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This paper presents five case studies on the nutritional potential of registered GI foods: Carnalentejana (Portuguese beef), furu (Chinese fermented tofu), Parmigiano Reggiano and Grana Padano (Italian fermented cheese), rooibos (South African herbal tea) and indigenous rice varieties from the highlands of Borneo (Malaysia and Indonesia). The study explores the [...]

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This paper presents five case studies on the nutritional potential of registered GI foods: Carnalentejana (Portuguese beef), furu (Chinese fermented tofu), Parmigiano Reggiano and Grana Padano (Italian fermented cheese), rooibos (South African herbal tea) and indigenous rice varieties from the highlands of Borneo (Malaysia and Indonesia). The study explores the link between the production processes and the nutritional composition of the final products. Indeed, the nutritional characteristics of these foods can be largely attributed to their unique ingredients and production procedures, which are linked to their geographical origins. The analysis of nutritional compositions not only considers ordinary nutrients, but also bioactive compounds, which do not usually appear in nutrition facts tables. A number of foods similar to the case study subjects (not necessarily GIs) are briefly discussed in the respective sections.

Günzel O., Ashes to ashes for cheese featuring the ‘Morbier’ visual appearance?, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 293–294 (2021)

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In its ground-breaking decision, the Court of Justice of the European Union has extended protection of a protected designation of origin or protected geographical indication to the reproduction of shape or appearance of the product itself. The Defendant, Société Fromagère du Livradois, had been producing Morbier cheese since [...]

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In its ground-breaking decision, the Court of Justice of the European Union has extended protection of a protected designation of origin or protected geographical indication to the reproduction of shape or appearance of the product itself. The Defendant, Société Fromagère du Livradois, had been producing Morbier cheese since 1979. Until 11 July 2007 they used the name ‘Morbier’ without AOC indication. After the expiry of the transition period, Defendant changed the name, but not the appearance of their cheese, from then on marketed as ‘Montboissié du Haut Livradois’. The Claimant brought proceedings against the Defendant before the Tribunal de Grande Instance de Paris (Regional Court, Paris), basically requesting an injunction prohibiting the Defendant from producing and marketing a cheese that would reproduce the visual appearance of ‘Morbier’, and in particular, any use of a black line separating two parts of the cheese. this text aims to present the facts and the legal context, addressing analysis of how the dispute was resolved in the field of the legal protection of intellectual property rights.

Ferrante M., Food for thought: the EU–China Agreement on GIs, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 295–297 (2021)

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Agreement between the European Union and the Government of the People’s Republic of China on cooperation on, and protection of, geographical indications (signed on 14 September 2020). The recently signed EU-China Agreement for the protection of Geographical Indications (GIs) will provide a framework and increase the knowledge of the respective systems [...]

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Agreement between the European Union and the Government of the People’s Republic of China on cooperation on, and protection of, geographical indications (signed on 14 September 2020). The recently signed EU-China Agreement for the protection of Geographical Indications (GIs) will provide a framework and increase the knowledge of the respective systems of GIs protection. However, for EU GIs owners, it will not replace registration and enforcement under Chinese law.