Gastronomy Law

property rights, protected as such. Furthermore, specific regulations coordinate this form of protection with provisions concerning the use of geographical names as trademarks, whether individual or collective, thereby enabling the achievement of satisfactory outcomes2. The same, however, cannot be said from a classificatory perspective, where, unlike in the context of protection, the terms “denominations of origin” and “geographical indications” are distinguished. This is because, while the former requires that territorial, environmental, or human factors influence the objective characteristics of the product, the latter only necessitate that the reputation of the product is associated with a specific place of origin. Furthermore, the latter must also be distinguished from so-called “simple geographical indications,” which merely serve to inform about the product’s origin from a particular territory. 2 In general, regarding certifications and trademarks, see ALBISINNI, “The Origin of Food Products,” in GERMANO`-ROOK BASILE, *Food Law between Communication and Product Safety*, Turin, 2005, pp. 41 ff.; ALBISINNI, “We Keep Causing Ourselves Harm: The Constitutional Court and Made in Lazio,” DGA, 2012, p. 526; BARIATTI, “Introductory considerations on the private international law aspects of the protection of Denominations of Origin (DOP) and Geographical Indications (IG) of agricultural and food products,” in *Multilevel Protection of the Right to Food Safety and Quality*, edited by C. Ricci, Milan, 2012, p. 357; S. CARMIGNANI, “Protection of Geographical Indications within the TRIPS Agreement: Geographic Location of the Product and Global Market,” in GERMANO`-ROOK BASILE, *Food Law between Communication and Product Safety*, Turin, 2005, pp. 149 ff.; COSTATO, “Protection of Geographical Indications, Denominations of Origin, and Attestations of Specificity,” RDA, 1995, I, pp. 488 ff.; Id., “DOP, IGP, and STG in the 2006 Regulations, also adopted in relation to WTO negotiations,” RDA, 2006, I, pp. 351 ff.; DI CATALDO, “Compensation for damages and intellectual property rights,” at www.lex.unict.it/atti/0506-10-07/vincenzo_dicataldo.pdf, paragraph 4; GERMANO` (editor), *Typical Products*, in *Governance of the Agricultural System: Institutional Reform Perspectives between Supranational Dimension and Regional Competences*, Milan, 2001, pp. 171 ff.; Id., “Geographical Indications in the TRIPS Agreement,” RDA, 2000, I, pp. 420 ff.; Id. (editor), *Agriculture of the Mediterranean Area: Quality and Tradition between Market and New Food Product Regulations*, Milan, 2004; Id., “TRIPS Agreement and the Two Levels of Geographical Indication Protection,” in GERMANO`-ROOK BASILE, *Food Law between Communication and Product Safety*, cit., pp. 246 ff.; Id., *Manual of Agricultural Law*, 8th ed., Turin, 2016; Germanò - Rook Basile, *Food Law between Communication and Product Safety*, Torino, 2005; M. Giuffrida, *Legal Protection of Mediterranean Productions: Legislation and Private Autonomy*, in *Agriculture of the Mediterranean Area: Quality and Tradition between Market and New Food Product Regulations*, edited by Germanò, Milan, 2004, pp. 177 and following; DGA, 2004, pp. 463 and following; idem, *Typical and Traditional Agro-Food Production and Territorial Valorization: Legal Framework*, in *Typical and Traditional Agro-Food Products as “Cultural Heritage” (New Forms of Protection and Valorization of Territory)*, edited by Strambi-Alabrese, Pisa, 2005, pp. 16 and following; Goldoni, “Denomination of Origin”, in *Digest/Civ.*, Vol. V, Torino, 1989; Jannarelli, *The Quality of Agricultural Products: Introductory Remarks on a Systemic Approach*, DGA, 2004, pp. 5 and following; Petrelli, *The New Community Policy on the Quality of Agricultural and Food Products. The Regime of Specificity Certifications, Designations of Origin, and Geographical Indications*, Camerino, 1996; idem, *Quality Regimes in European Union Food Law: DOP, IGP, STG, Organic and Peripheral Region Products*, Naples, 2012; Rook Basile, *Distinctive Signs of Agricultural Products*, in *Brief Treatise of Italian and European Agricultural Law* 3, edited by Costato, Padua, 2003, p. 730; Rook Basile-Germanò (eds.), *Agriculture and Food between Law, Communication, and Market*, Proceedings of the Conference Gian Gastone Bolla, Florence, 9-10/11/2001, Milan, 2003; Sgarbanti, *Protection of Denominations of Origin, Geographical Indications, and Specificity Certifications*, in *Brief Treatise of Italian and European Agricultural Law* 2, edited by Costato, Padua, 1997, p. 574; Sordelli, “Designations of Origin and Geographical Indications”, in *Encyclopedia of Law—Part I*, Milan, 1997, p. 523. 378 FRANCESCO TORCHIA

RkJQdWJsaXNoZXIy MTE4NzM5Nw==