19 August 2021 News

Kyrylenko A., Zafrilla Díaz-Marta V., The ever-growing scope of Geographical Indications’ evocation: from Gorgonzola to Morbier, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 442–449

The European Union Geographical Indications (GI) framework has granted, from the outset, a broad scope of protection to producers of GI-protected products. This already broad scope of protection has been expanded further by the case law of the Court of Justice of the European Union (CJEU), particularly in evocation cases, where its case-specific approach has resulted in a gradual expansion of the protection of registered names against evocation. Based on CJEU decisions, the authors attempt to propose a systematic test for GIs’ evocation, the goal being to contribute to greater coherence and legal certainty on decisional practice. Moreover, they advocate for a more principled approach which ensures an appropriate balance between the goals of the GI system and GIs’ scope of protection with a special reference to the—recently decided—Morbier case.