HOMONYMOUS NAMES OF WINES AND GRAPE VARIETIES 91 concerning the source of products of the vine” from being considered as genetic terms by the courts deciding which appellations are not protected – the protection against becoming generic is thus stricter specifically concerning geographical indications for wine37. 4.2. International Standard for the Labelling of Wines The OIV dealt with the issue of varietal names in its International Standard for the Labelling of Wines38, which is a recommendation to its Member States with the aim to ease international exchange and to ensure fair information to consumers. Under the Standard, labelling is compulsory for pre-packed wines, which are to be sold to the consumer [Art. 1(2)(2)], and it must include compulsory information to which optional information can be added – only information from these two categories is authorised [Article 1(3)]. The use of any misleading information, sign or illustration about the origin or nature of the product is forbidden [Article 1(4)]. “Varietal name” is listed among the optional information that may be included in the labelling of wine, and it may only be indicated if the wine is produced from at least 75% of the grapes of said variety, which, in turn, determines the specific character of a wine [Article 3(1)(4)]. Plus, the grape variety’s name must not lend itself to confusion with a recognised appellation of origin or a recognised geographic indication. When the names of two grape varieties are mentioned, the wine must come entirely from these two varieties (indicated by decreasing order of importance), and the State must set the minimum percentage for the quantity of the least important grape, which must not be less than 15%. Exceptionally, in countries where more than two grape varieties are usually shown in the labelling of wine, the percentage of each must figure on the label. Thus, the relationship between varietal names and geographical indications for wine is dealt with by relying on the principle that grape variety names must be used in such a way as to avoid any confusion with geographical indications. Misleading use of varietal names that are homonymous with geographical indications for wine should therefore be prohibited. 37 J. Addor & A. Grazioli, p. 877. 38 International Standard for the Labelling of Wines, edition 2015, available in: http://www.oiv.int/en/technicalstandards-and-documents/products-definition-and-labelling/international-standard-for-labelling-wines (last accessed on 23.12.2020).
RkJQdWJsaXNoZXIy MTE4NzM5Nw==