The European Union's attempts to limit the use of the term 'Prosecco'

Final Report

Prosecco has long been recognised as the name of a grape, but not as an indication of geographical origin. Yet, the Italian government and European Union (EU) now claim that Prosecco is not the name of a grape variety, but is instead the name of a geographical indication. They also claim that Prosecco wine is made from a grape variety called Glera. Their claim is based on the fact that Italian law and European regulations state these matters to be fact or, more accurately, purport to denote those matters as factual. The vast majority of relevant authorities and experts agree that Prosecco is a grape variety, despite the legislative attempt by the EU in 2009 to declare it to be a geographical indication.

This research report was prepared on a pro bono basis at the request of Australian Grape and Wine Incorporated (formerly the Winemakers Federation of Australia). It significantly adds to the body of research material used for a forthcoming article in the Australian Intellectual Property Journal on the same issue entitled: ‘In Vino Veritas? The Dubious Legality of the European Union’s Claims to the Exclusive Use of the Term ‘Prosecco’’. A pre-publication version of that article is available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3304239.