GIs toolbox

Bibliography

Habli, K.; Dumitras, D.E.; Schmitt, E.; Maglietti Smith, I.; Barjolle, D. Circular Economy in Mountain Value Chains: The Case of Three PDO Cheeses. Foods 2023, 12, 3954 (2023)

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The circular economy (CE) has shown promise for achieving several of the UN’s Sustainable Development Goals, replacing the linear system and reducing negative impacts on the environment. This research aims to assess the effective adoption of CE principles in three cheeses with geographical indication (GI) through an analysis of [...]

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The circular economy (CE) has shown promise for achieving several of the UN’s Sustainable Development Goals, replacing the linear system and reducing negative impacts on the environment. This research aims to assess the effective adoption of CE principles in three cheeses with geographical indication (GI) through an analysis of the practices identified in their respective value chains. Qualitative interviews show the persistence of historical practices that preserve the heritage behind the product, maintain autonomy in relation to external inputs and save energy or make intelligent use of by-products. Radical adoption of CE principles requires innovation to reduce the use of new inputs and greenhouse gas emissions. GI food products are generally not constrained by standards beyond those set by law, but their specifications can be modified, while respecting practices consistent with the link to the terroir. However, the remoteness of small businesses in deep rural areas, far from research centers, is slowing down the transfer of knowledge and the adoption of the latest technologies, particularly in mountainous areas. More participatory research and innovative initiatives are needed to ensure the transition to a circular economy for traditional mountain products, which are strongly linked to local culinary traditions and cultural identity.

Depeyrot, Jean-Noël & Midler, Estelle & Sengel, Salomé. (2023). Performances of dairy farms under geographical indications. (2023)

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The aim of geographical indications is to ensure better remuneration of the farmers committed to the corresponding specifications, through market differentiation resulting from better consumer information. For several years, it has been envisaged to mobilize them for the agro-ecological transition. However, their performance remains little studied. This note analyzes the [...]

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The aim of geographical indications is to ensure better remuneration of the farmers committed to the corresponding specifications, through market differentiation resulting from better consumer information. For several years, it has been envisaged to mobilize them for the agro-ecological transition. However, their performance remains little studied. This note analyzes the performances of dairy farms under geographical indications on three axes: economic, environmental and animal welfare.

Zappalaglio A., Study on the Functioning of the EU GI System, 2022, (together with Suelen Carls et al.) (2022)

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This study is the largest empirical work on the functioning of EU agricultural GIs and it aims to provide more insight into the practical nature, functioning and foundations of the EU sui generis GI regime for the protection of agricultural products and foodstuffs.

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This study is the largest empirical work on the functioning of EU agricultural GIs and it aims to provide more insight into the practical nature, functioning and foundations of the EU sui generis GI regime for the protection of agricultural products and foodstuffs.

Schiavetti D., Genericness in US certification marks: the ‘GRUYÈRE’ case, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 298–300 (2021)

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On 17 September 2015, Interprofession du Gruyère (IDG), a Swiss registered association, and Syndicat Interprofessionnel du Gruyère (SIG), a French syndicate, filed an application for a standard character certification mark for GRUYÈRE, claiming first use as early as 1982. IDG is also the owner of the certification mark No 4398395 for [...]

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On 17 September 2015, Interprofession du Gruyère (IDG), a Swiss registered association, and Syndicat Interprofessionnel du Gruyère (SIG), a French syndicate, filed an application for a standard character certification mark for GRUYÈRE, claiming first use as early as 1982. IDG is also the owner of the certification mark No 4398395 for LE GRUYÈRE SWITZERLAND AOC’ (design), registered in 2013. In its certification, the mark indicates that the cheese originates in the Gruyère region in Switzerland and lists the various cantons and districts of origin. The International Dairy Foods Association (IDFA), US Dairy Export Council (USDEC), Atalanta Corporation (‘Atalanta’), and Intercibus Inc (‘Intercibus’) (collectively ‘the Opposers’) filed notices of opposition alleging that IDG and SIG had failed to exercise legitimate control over the proposed certification mark. Hence, ‘GRUYÈRE’ would be incapable of functioning as a certification mark under Sections 4 and 45 of the Trademark Act, 15 USC section 1052(e)(1).
The Trademark Trial and Appeal Board (‘the Board’) concluded that US consumers of cheese understand the term ‘gruyère’ as a designation that primarily refers to a type of cheese that can come from anywhere, and not specifically from Switzerland or France.

Malovic N., EU General Court says that there is no likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 291–292 (2021)

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In a decision on 20 January 2021, the EU General Court confirmed that there is no likelihood of confusion between the EU collective trademark ‘HALLOUMI’ and ‘BBQLOUMI’. In July 2014, M.J. Dairies EOOD (the Intervener) applied to register the following figurative sign as an EU trade mark (EUTM). In November 2014, the Foundation [...]

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In a decision on 20 January 2021, the EU General Court confirmed that there is no likelihood of confusion between the EU collective trademark ‘HALLOUMI’ and ‘BBQLOUMI’. In July 2014, M.J. Dairies EOOD (the Intervener) applied to register the following figurative sign as an EU trade mark (EUTM). In November 2014, the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (the Applicant), filed an opposition. This text aims to present the facts and the legal context, addressing the analysis of how the dispute was resolved in the field of the legal protection of intellectual property rights.