II. GEOGRAPHICAL INDICATIONS AND EU LAW: THE VITICULTURAL SECTOR As previously stated, in the viticulture sector, due to a greater homogeneity of the interests to be protected, the level of protection is traditionally higher and is reflected in a more developed and coherent community legislation, which nonetheless maintains, as in the TRIPS Agreement, a clear distinction between the regulation of wine-related appellations and that of other geographical indications. In particular, regarding wines, among the numerous Regulations that have been enacted over time, the Regulations Nos. 110/2008, 479/2008, and 607/2009 are primarily noteworthy. These Regulations aim to promote a concept of European agriculture wherein quality serves as the key element to enable competitiveness in international markets. From this perspective, Regulation No. 479/2008 distinguishes between protected designated origins and geographical indications, based on the premise that, in order for a wine to bear a protected designation of origin, «its quality and characteristics are essentially or exclusively attributable to a particular geographical environment and its natural and human factors», whereas for the use of a geographical indication, it is sufficient that the wine «possesses qualities, reputation, or other specific characteristics attributable to that geographical origin». For distilled beverages, only the regulation concerning geographical indications is provided, namely: “an indication which identifies a distilled beverage as originating from the territory of a country, or a region or locality within that territory, where a particular quality, reputation, or other characteristic of the beverage is essentially attributable to its geographical origin” (Article 15 of Regulation (EC) No. 110/2008). It is additionally to be noted that, unlike what is provided for in Regulation No. 1493/1999, whose Article 50 prohibited the use of untruthful indications, under the conditions set forth in Articles 23 and 24 of the TRIPS Agreement, Article 19 of Regulation No. 110/2008, referencing Article 45 of Regulation No. 479/2008, stipulates that protection for spirit drinks shall be granted not only against public deception but also against: «a) any direct or indirect commercial use of a protected name: i) for comparable products that do not conform to the specifications of the protected designation, or ii) to the extent that such use exploits the reputation of a protected designation of origin or geographical indication». 381 PROTECTION OF TRADITIONAL SPECIALTY GUARANTEED (TSG) IN THE EU
RkJQdWJsaXNoZXIy MTE4NzM5Nw==