Wine geographical indications and product specifications: a case of Prosecco quality and characteristics?

Lisa Spagnolo, Mark Davison

Research output: Contribution to journalArticlepeer-review

2 Citations (Scopus)
46 Downloads (Pure)

Abstract

Article 22 of the Agreement on Trade-Related Aspects of Intellectual Property Rights defines Geographical Indications (GI). However, GI claims are increasingly contentious. Given the significance of trade barriers which can arise from unjustified GI claims, the article argues that legitimacy of GI claims must turn on whether objective evidence exists to the effect that Article 22(1) criteria are met. This article tests certain elements of the EU ‘Prosecco’ GI claim – that its qualities and characteristics are essentially attributable to the relevant location – against Italian production specifications to determine whether they provide evidentiary justification for the GI claim. This reveals evidence of absence of consistent qualities or characteristics in ‘Prosecco’ wine. The article additionally examines evidence explaining why this is so. The consequence of this conclusion is that the EU ‘Prosecco’ GI claim must rest solely upon the concept of ‘reputation’ for its legitimacy. Moreover, the approach taken by this article can be utilized to test the legitimacy of any GI claim so far as it relates to quality and characteristics.
Original languageEnglish
Article number3
Pages (from-to)218-259
Number of pages42
JournalThe Journal of World Investment and Trade
Volume23
Issue number2
Early online date26 Apr 2022
DOIs
Publication statusPublished - Apr 2022

Bibliographical note

Copyright the Author(s) 2022. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

  • Geographical indications
  • Wine
  • TRIPS agreement
  • Trade law
  • Trade Related Intellectual Property
  • FTA negotiations
  • Prosecco
  • Geographical Indications
  • Agreement on Trade-Related Aspects of Intellectual Property Rights
  • wine
  • Wine Geographical Indications

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