that of Designations of Origin (PDO) and Geographical Indications (PGI). In this regard, one need only consider the standing to file an application with the UIBM for a declaration of nullity of a registered trademark19. Such standing is extended to any interested party. V. THE GEOGRAPHICAL INDICATIONS SYSTEM, WITH PARTICULAR REFERENCE TO TSG, RESULTING FROM REGULATION (EU) 2024/1143 Notwithstanding the aforementioned, critique-worthy structural inconsistency, it emerges from the foregoing that, indubitably, the geographical indications system performs, in fact, a dual function. This is because, in addition to its primary and predominant function of protecting the product, safeguarding the name from imitations and misuse, ensuring better consumer awareness of product quality, and enabling informed choices by consumers, the system also performs a secondary and indirect function, namely the promotion of culture, tradition, and the history of the regions, and consequently, the development of tourism. The expansion of local markets in recent years (an increase which is undeniably evident) is, in fact, attributable not so much to the proliferation of PDO and PGI designations, but rather to the transformations within the tourism sector, whose growth trend remains uninterrupted and which is increasingly closely linked to the cultural, including enogastronomic, expressions of the territories designated as tourist destinations20. A function, therefore, which, although it is secondary and indirect, is as important as the primary and direct function. This occurred because the typical and traditional product, for which protection is sought, is a product whose methods of processing, preservation, and aging have been established over time and are associated with specific geographical areas. Consequently, it is precisely the environmental, social, and historical characteristics that render the product unique in its kind, with recognized qualitative differences at the local level, which justify its protection. 19 The reference is to the procedure pursuant to Article 184-ter of the Italian Code of Private Industrial Law (c.p.i.), as amended by Legislative Decree No. 15 of 2019.. 20 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. 390 FRANCESCO TORCHIA
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