GIs toolbox

Bibliography

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.

Verbeeren M., Vrins O., The protection of PDOs and PGIs against evocation: a ‘Grand Cru’ in the CJEU’s cellar?, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 316–330 (2021)

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In recent years, the European Union (EU) GI systems for agricultural products, foodstuffs, wines and spirit drinks have become increasingly popular: on 27 October 2020, the eAmbrosia database totalled no less than 3300 designations of origin or geographical indications registered under four different regulations and 197 pending applications. The legal framework secures producers’ rights [...]

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In recent years, the European Union (EU) GI systems for agricultural products, foodstuffs, wines and spirit drinks have become increasingly popular: on 27 October 2020, the eAmbrosia database totalled no less than 3300 designations of origin or geographical indications registered under four different regulations and 197 pending applications.
The legal framework secures producers’ rights and their products’ value-added. It affords broad protection to PDOs/PGIs registered at EU level, not only against direct or indirect uses but also against evocations, with the aim of combatting misleading and deceptive practices and preventing traders from taking unfair advantage of the protected names’ reputation. This article examines the jurisprudence of the EU’s General Court and Court of Justice related to the protection of registered designations against evocation, and highlights the open issues that remain to be addressed to clarify the legal arsenal and tighten the protection scheme.

Guerrieri F., The Farm to Fork strategy as an external driver for change: possible impacts on nested GI rule systems, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 331–340 (2021)

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Geographical indications (GIs) as distinctive signs and catalysts for local development identify local, national, European and international governance systems, regulated by heterogeneous rules and stakeholders. These rule systems can evolve, and their robustness and resilience can be challenged by external drivers. Among the objectives of the new Farm to Fork [...]

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Geographical indications (GIs) as distinctive signs and catalysts for local development identify local, national, European and international governance systems, regulated by heterogeneous rules and stakeholders. These rule systems can evolve, and their robustness and resilience can be challenged by external drivers. Among the objectives of the new Farm to Fork strategy of the Green Deal, the European Commission envisages the introduction of sustainability criteria in the EU GI sui generis system. This article gives an overview of the possible impact of these criteria on the GI rule systems at the local, national and EU level. It also describes some of the implications of the reform for producers’ groups and for national and EU authorities.