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Allegrini 2018
LAW

Designation and Geographical Indication, the new definitions Oiv

Expert Group on “Consumer Law and Information” signs new resolution, adopted at the last General Assembly
DEFINITION, Designation, GENERAL ASSEMBLY, Geographical Indication, OIV, News
Oiv changes the definition of Designation and Geographical Indication

In 1947 the Oiv - International Organization of Vine and Wine, adopted the first definition of Denomination, then updated in 1992, when the definition of Geographical Indication was added, with a now obsolete resolution, repealed by the group of experts “Law and Consumer Information” of the Commission III “Economy and Law” of the Oiv (led by President Luigi Moio), which worked for years on the new resolution, adopted at the last General Assembly, which harmonizes the definitions with those currently present in the main international agreements on intellectual property, with two new definitions in line with the international definitions of the World Intellectual Property Organization and the World Trade Organization.

With the new wording, Geographical Indication is defined as any appellation protected by the competent authorities of the country of origin, which identifies a wine or a spirit drink as originating from a specific geographical area, when a specific quality, reputation or other characteristics of the wine or the spirit drink is essentially attributable to its geographical origin. Designation of Origin, for those member states that recognize the term, is defined as any name recognized and protected by the competent authorities in the country of origin, which consists or contains the name of a geographical area or another name by which it is known to refer to that area, intended to designate a wine or spirit drink as originating in that geographical area, where the quality or characteristics of the wine or spirit drink are exclusively or essentially attributable to the geographical environment, including natural and human factors, and which has given the wine or spirit drink its reputation.

These new definitions take into account the increasing importance of the use of geographical appellations, elements of national heritage, in the designation of wines and spirits of viticultural origin, as well as the right of member states to protect these appellations according to international agreements. The Oiv also wanted to remind that indications of origin or appellations of origin are objects of industrial property and have the right to the same international protection, in particular with regard to unfair competition rules.

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