Keywords
Summary

Keywords

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1 . QUANTITATIVE RESTRICTIONS ON IMPORTS - MEASURES HAVING EQUIVALENT EFFECT - REGISTERED DESIGNATIONS OF ORIGIN - INDICATIONS OF ORIGIN - DEFINITION IN RELATION TO UNPROTECTED APPELLATIONS

( DIRECTIVE NO 70/50/EEC, ARTICLE 2 ( 3 ))

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - INDICATIONS OF ORIGIN - INTRODUCTION OF A NEW MEASURE - PROTECTION OF A GENERIC APPELLATION - PROHIBITION

( EEC TREATY, ARTICLE 36 )

Summary

1 . IN ORDER TO BE PROTECTED BY LAW, REGISTERED DESIGNATIONS OF ORIGIN AND INDICATIONS OF ORIGIN MUST DESCRIBE A PRODUCT COMING FROM A SPECIFIC GEOGRAPHICAL AREA AND MUST ENSURE NOT ONLY THAT THE INTERESTS OF THE PRODUCERS CONCERNED ARE SAFEGUARDED AGAINST UNFAIR COMPETITION, BUT ALSO THAT CONSUMERS ARE PROTECTED AGAINST INFORMATION WHICH MAY MISLEAD THEM .

THESE APPELLATIONS ONLY FULFIL THEIR SPECIFIC PURPOSE IF THE PRODUCT WHICH THEY DESCRIBE DOES IN FACT POSSESS QUALITIES AND CHARACTERISTICS WHICH ARE DUE TO THE FACT THAT IT ORIGINATED IN A SPECIFIC GEOGRAPHICAL AREA AND THEY MUST, PARTICULARLY IN THE CASE OF INDICATIONS OF ORIGIN, CONFER ON THE PRODUCT A SPECIFIC QUALITY AND SPECIFIC CHARACTERISTICS OF SUCH A NATURE AS TO DISTINGUISH IT FROM ALL OTHER PRODUCTS .

AN AREA OF ORIGIN WHICH IS DEFINED ON THE BASIS EITHER OF THE EXTENT OF NATIONAL TERRITORY OR A LINGUISTIC CRITERION CANNOT CONSTITUTE A GEOGRAPHICAL AREA WITHIN THE MEANING REFERRED TO ABOVE, CAPABLE OF JUSTIFYING AN INDICATION OF ORIGIN, PARTICULARLY AS THE PRODUCTS IN QUESTION MAY BE PRODUCED FROM GRAPES OF INDETERMINATE ORIGIN .

2 . ALTHOUGH THE TREATY DOES NOT RESTRICT THE POWER TO EACH MEMBER STATE TO LEGISLATE IN MATTERS OF INDICATIONS OF ORIGIN, THEY ARE NEVERTHELESS PROHIBITED BY THE SECOND SENTENCE OF ARTICLE 36 FROM INTRODUCING NEW MEASURES OF AN ARBITRARY AND UNJUSTIFIED NATURE WHOSE EFFECTS ARE, FOR THIS REASON, EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

THIS IS PRECISELY THE CASE WHERE A NATIONAL LEGISLATURE GRANTS THE PROTECTION PROVIDED FOR INDICATIONS OF ORIGIN TO APPELLATIONS WHICH, AT THE TIME WHEN SUCH PROTECTION IS GRANTED, ARE MERELY GENERIC IN NATURE .