Wine Law

80 WINE LAW because the term “balsamico” is directly evocative of the Italian product. This decision constitutes a great achievement for adequate protection, at an EU level, of the different Member States’ DOs and GIs, particularly for Italy. Moreover, it is interesting to notice that the German ruling appears to be in line with the Italian case-law, on this specific point. The Court of Appeal of Bologna, with its decision of 17 September 2019, recognised the full protection of the term “balsamico”, in the light of the Aceto Balsamico di Modena GI, against any form of misappropriation, thus confirming the administrative sanction issued by the Italian Minister of Agriculture, against an Italian company that used the expression “balsamoso – condimento balsamico” to characterise its products, which were not vinegar. In that case, the risk of confusion for the consumers was even worsened by the indirect references, on the label, to the geographical area of Modena and vinegar. In conclusion, the “aceto balsamico” cases have further enhanced the effectiveness of the protection of Designations of Origin and Geographical Indications in the different European countries, despite the ECJ’s decisions. Furthermore, as a conclusive remark, it is worth recalling that the abovementioned ruling does not seem to represent the ECJ’s general trend regarding the protection of DOs and GIs. Indeed, the same Court, with its decision of 02 May 2019 (C-614/2019) stated that the use of figurative signs, evoking the geographical area, with which a designation of origin is associated, may constitute an unlawful evocation of the relevant designation of origin. This ruling, issued in a proceeding promoted by the Spanish Consortium of the Queso Manchego DO (a well-known Spanish cheese), against the use of some illustrations of Don Quixote and the Castilian mills, on a label of a cheese product, evocative of the geographical area of Castile-La Mancha may be easily applied also in other cases, concerning wine geographical indications and designations of origin. 5. CONCLUSIONS The analysis of the laws and regulations on Designations of Origin and Geographical Indications, as well as of the most recent case-laws, shows a general trend in favour of deeper and more effective protection for those designations. However, it is worth recalling that the registration of DOs and GIs and the rules against any form of infringement do not grant automatic protection, meaning that the owners of the signs must attentively monitor the market and hastily defend their rights before any competent authority.

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