Now, if the TSG contains a geographical indication, which, although not mandatory, is not prohibited either, it is possible to envisage an adjustment of the TSG to align with the PDO and PGI designations. It is quite different, however, when the TSG lack any geographic references. In such cases, the legislator, through the provisions of Article 21 of the Consumer Code, referring to the “method of production,” intended to allude to a manufacturing process that, even if detached from the territory where it originated, inherently possesses the capacity to evoke a virtuous quality. There exists, therefore, a “structural” incongruity within the legal system concerning PDO and PGI designations, characterized by a duplication of the same level of protection. This situation arises because the Italian legal framework, even prior to the enactment of the first Regulation on PDO-PGI in 1992, as well as the first Regulation on TSG (Traditional Specialty Guaranteed), was already equipped with provisions—accompanied by interpretative guidelines—that clearly distinguished between D.O.C. (Denomination of Controlled Origin) and indications of provenance. Specifically, for D.O.C., mere geographical origin was insufficient; instead, it was required that the product be linked to a specific production regulation and that strict, documented production methods be adhered to. Conversely, indications of provenance were recognized under Royal Decree 929/1942, situated within the framework of the geographical mark regulation18. It follows that, according to the domestic legal system, the designations of origin distinguished themselves from the indications of source, constituting a subset thereof. Furthermore, the situation has not changed as a result of the entry into force of the TRIPS Agreement of 1994 and Legislative Decree No. 198/96. Although, with Legislative Decree No. 198/96, following the lead of the 1992 EC Regulations, the legislator employed the term “geographical indications,” the distinction has remained unchanged, unlike what has occurred within the European Union, where the abbreviations PDO and PGI are used interchangeably, to the extent that in both cases the publication of a specification and the implementation of a control system are required. It is therefore easy to foresee a horizon of definitive, substantive harmonization, particularly given the ongoing phase of gradual convergence between the regulation of Traditional Specialty Guaranteed (TSG) marks and 18 In this regard, see G. Tassoni, “Traditional Specialties Guaranteed (TSG)” in Legislative Decree No. 15 of 2019, in Rivista di Diritto Industriale, Issue No. 4, 2019, p. 308. 389 PROTECTION OF TRADITIONAL SPECIALTY GUARANTEED (TSG) IN THE EU
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