The examination of the workings of GI protection is focused on the balance between origin and specificity, and the threat of genericity through a series of judgments, including Feta, Grana Padano, Edam Holland, and Aceto Balsamico di Modena. By exploring the scope of GI protection, the EU GC/CJ have delimitated the contours of the prohibition of direct and indirect use, misuse, and misleading practices, as seen in cases such as Bavaria, Chianti, and Scotch Whisky. Furthermore, it attempts to explain the criteria for assessing comparable products, as exemplified by the Cognac (BNIC) case, and the expansive protection against evocation, as demonstrated by Manchego, Morbier and Champanillo, without forgetting the protection under unfair competition law, reflected on Salame Felino.

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The Singular Extension of Geographical Indications Protection as Intellectual Property Right

  • Javier Guillem Carrau

摘要

The examination of the workings of GI protection is focused on the balance between origin and specificity, and the threat of genericity through a series of judgments, including Feta, Grana Padano, Edam Holland, and Aceto Balsamico di Modena. By exploring the scope of GI protection, the EU GC/CJ have delimitated the contours of the prohibition of direct and indirect use, misuse, and misleading practices, as seen in cases such as Bavaria, Chianti, and Scotch Whisky. Furthermore, it attempts to explain the criteria for assessing comparable products, as exemplified by the Cognac (BNIC) case, and the expansive protection against evocation, as demonstrated by Manchego, Morbier and Champanillo, without forgetting the protection under unfair competition law, reflected on Salame Felino.