HOMONYMOUS NAMES OF WINES AND GRAPE VARIETIES 87 to an indication that has become a common or generic term in their territory for a particular type of goods, regardless of their origin (e.g. brie, camembert cheddar cheeses19). This is because the generic term has lost its distinctive function and the customary use of such a generic term is not really misleading, given that it is commonly understood that it does not indicate the origin of goods but only their type. Article 24(6) TRIPS allows a WTO Member to disapply its provisions protecting geographical indications of other Members where the indication has become a customary term in popular speaking for such goods or services in that Member’s territory20. Article 4 of the Madrid Agreement permits the courts to decide what appellations are not protected, on account of their generic character21. The Lisbon System, however, protects appellations of origin and geographical indications that have been granted protection in another country (based on the international registration) from subsequently becoming generic, as long as they are protected as such in their country of origin (Art. 6 of the Lisbon Agreement and Art. 12 of the Geneva Act). In European Union law, geographical indications for food and wine comprise two categories: Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI). The two categories are distinguished primarily by the requirements concerning how much of the product’s raw materials must come from the area or how much of the production process must take place within the specific region. The link with the region is much stronger in the case of PDOs than PGIs; however, both types enjoy the same level of legal protection22, being protected at the EU level under the provisions of Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products23. The PGI is stricter in EU law than under the TRIPS Agreement since any direct or indirect commercial use of the protected name or its misuse, imitation or evocation are prohibited regardless of whether the true origin of the product or service is indicated. The use of correctives (such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar) is prohibited in connection with any geographical indication, and not only those for wine and spirits and regardless of whether they are misleading [Art. 103(2)]. Registers of geographical indications for wine, food, spirits and 19 K. Shimura, p. 134. 20 L. Monten, p. 321. 21 M. Blakeney, p. 13. 22 A. F. Ribeiro de Almeida, p. 642. 23 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 347, 20.12.2013, pp. 671-854.
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