Wine Law

DESIGNATIONS OF ORIGIN WITHIN THE EU: LEGAL CHALLENGES 63 products directly affected, would help differentiate and establish the protection system for the designation of origin status. When DOs are applied to the provision of services rather than the geographical origin of products, the concept’s undermining appears to worsen. If the aim is to protect business know-how – the manner in which a certain service is provided –, the way forward could well be by way of a patent as an industrial property title, as long as there is an innovative edge to it. Whether that is feasible, what would be the purpose of associating such added value to a certain geographical area, to be used exclusively? Perhaps, exercising exclusive rights on the specific manner a service is provided, restricting its use to a certain area? Focusing on the hospitality industry, the Regulatory Act of 31 March 1964, setting up the Geotourist Designations Register, sought to mark out the tourist areas and prevent misinformation from being provided. Apart from what was said in the previous paragraph, there is no objection to creating public or private guarantees of quality for businesses operating in that tourist area. However, that would amount to just a special distinctive sign, and ranking it alongside designations of origin seems reasonable. Accordingly, let us consider the purpose of a name’s protection through the institution of a DO. For one, it is the consumers’ protection that is sought, guaranteeing the authenticity of a product that originates in a specific place. It also affords protection to business owners against undue emulation, leading to illicit gains on the emulator’s part. In this regard, is it sensible to protect the name “Costa del Sol” (Sunny Bay) or “descenso del río Sella” (descent of River Sella) as tourist designations of origin beyond the already established protection mechanisms of industrial property? Will it be rightful to use those names somewhere else, far away, linked to the provision of a service? Will it preclude the services provided in certain areas that cannot be offered elsewhere? 6. SUPERVISION OF DESIGNATIONS: VERIFICATION OF COMPLIANCE WITH PRODUCT SPECIFICATION We will now tackle the last legal challenge posed by designations of origin, the one in which its credibility is at stake: judicious supervision. According to the Introductory Statement 46 of Regulation No 1151/2012, “The added value of the geographical indications and traditional specialities guaranteed is based on consumer trust. It is only credible if accompanied by effective verification and controls (…), and should include a system of checks at all stages of production,

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