Outils IG

Bibliographie

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.

Malovic N., EU General Court says that there is no likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 291–292 (2021)

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In a decision on 20 January 2021, the EU General Court confirmed that there is no likelihood of confusion between the EU collective trademark ‘HALLOUMI’ and ‘BBQLOUMI’. In July 2014, M.J. Dairies EOOD (the Intervener) applied to register the following figurative sign as an EU trade mark (EUTM). In November 2014, the Foundation [...]

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In a decision on 20 January 2021, the EU General Court confirmed that there is no likelihood of confusion between the EU collective trademark ‘HALLOUMI’ and ‘BBQLOUMI’. In July 2014, M.J. Dairies EOOD (the Intervener) applied to register the following figurative sign as an EU trade mark (EUTM). In November 2014, the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (the Applicant), filed an opposition. This text aims to present the facts and the legal context, addressing the analysis of how the dispute was resolved in the field of the legal protection of intellectual property rights.

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.

Günzel O., Dinkel B., German court says that product specification for PDO is exhaustive without room for additional requirements prescribed by national legislation, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 296–297 (2021)

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The Supreme Administrative Court Rhineland-Palatinate has allowed a winegrower to use the protected designation of origin (PDO) ‘Rheinhessen’ for wine grown on his vineyard located in the geographical area according to the product specification with no need to meet additional requirements prescribed by national legislation. The PDO ‘Rheinhessen’ did not [...]

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The Supreme Administrative Court Rhineland-Palatinate has allowed a winegrower to use the protected designation of origin (PDO) ‘Rheinhessen’ for wine grown on his vineyard located in the geographical area according to the product specification with no need to meet additional requirements prescribed by national legislation.
The PDO ‘Rheinhessen’ did not undergo a specific application, but was part of Germany’s list of quality wines forwarded to the European Commission according to Article 54 Council Regulation (EC) No 1493/1999. This means that ‘Rheinhessen’ was automatically granted protection. Germany, as the EU Member State of origin, was required to submit the technical file for the PDO, including, in particular, the product specification for the PDO. The product specification had to include at least the name to be protected, a description of the wine, the specific oenological procedures for producing wine (where applicable), the wine production guidelines, and the demarcation of the geographical area concerned. The single document for the PDO ‘Rheinhessen’ published in the database eAmbrosia containing the product specification defines the geographical area as the vineyard areas of 148 municipalities in Rhineland-Palatinate, which are expressly enumerated in alphabetical order (from Albig to Zotzenheim). This text aims to present the facts and the legal context, addressing an analysis of how the dispute was resolved in the field of legal protection of intellectual property rights.