Gastronomy Law

Chalonnes, the hills and cellars of Champagne (France, all also linked to wine production); the Val d’Orcia, the wine-growing landscapes of Langhe Roero and Monferrato, in Piedmont, as well as the Prosecco hills of Conegliano and Valdobbiadene (Italy); the terraced rice paddies on the Cordilleras (Philippines); the Alto Douro wine region (Portugal, wine-growing area). In the UNESCO context, tradition lives inextricably linked to its territory of origin, but is valorised thanks to the different mechanism of mere recognition, which bestows worldwide notoriety on a local practice, thus unequivocally attributing authorship to what it derives from. XIV. IN CONCLUSION The discipline on TSGs seems mainly structured to confer recognition – now as EU heritage188 – and consequent protection to situations that would be difficult to obtain under the umbrella of the rules on geographical indications, especially since it concerns products whose name has become commonly used or are also produced in areas outside the territory where they were conceived. Consequently, the legislator had to grant TSGs more limited protection than geographical indications and had to make its use accessible to anyone who complies with the specifications. For these reasons, economic operators have so far shown little interest in TSGs, as it is perhaps more rewarding to spend money on promoting one’s own brand or marketing foodstuffs with a designation of origin. Therefore, tradition is perpetuated today – not crystallised, but in a dynamic form – mainly thanks to the latter, often representing the element that, in their respective specifications, substantiates the link between the human factors present in the territory of a PDO product and its qualitative characteristics189. 188 Reg. (EU) No 2024/1143, cited above, recitals 6 and 8. L. Bertello, Piccola storia dei Tajarin – Viaggio affettuoso di un piatto povero diventato ricco, Slow Food Editore, 2022, offers an example of how culture and culinary tradition are closely related. Likewise G. Goria, Cucina del Piemonte collinare e vignaiolo, Franco Muzzio Editore, 1990. In contrast, Alberto Grandi, Invented Denomination of Origin – Marketing lies about typical Italian products, 2018. 189 Reg. (EU) No 2024/1143, cit., Art.49(1)(f)(i). For example, the single document of Parmigiano Reggiano PDO, in OJEU C 132 of 13 April 2018, p. 17, specifies in this regard: “For human factors, in addition to the historical importance of the cheese in the local economy, it is emphasised that the complex operations to which “Parmigiano Reggiano” is subjected are the result of the traditional art of cheese-making, which has been invaded over the centuries in the relevant production area, handed down in respect of local, loyal and constant customs’. The use of tradition as a justifying element of the causal interaction between the characteristics of the territory and the qualitative ones of the product emerges significantly in the Barolo DOCG product specifications, where its evolutionary dynamism is also evident: “Nebiolo has been cultivated in the Barolo area since time immemorial, but it was thanks to the stubbornness of Camillo Benso Conte di Cavour and Giulia 360 ERMENEGILDO MARIO APPIANO

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