On 1 June 2018 the EU Commission presented a Proposal for the reform of the EU CAP, including different aspects of the EU sui generis GI rules. In particular, this Institution has put forward an amendment to the definition of protected designations of origin (PDO), according to which the ''human element'' of the link between the product and the place, that has always been a key part of the concept of appellation of origin/PDO, should become optional, to be taken into consideration only ''when relevant''. Allegedly, this amendment should enhance clarity and simplicity within the EU GI system. The present opinion disagrees and invites the Commission to reconsider the proposed reform. Indeed, on the one hand, this seems to be based on a disputable notion of the PDO origin link; on the other, it is likely to have a modest impact on the structure of the applications as the human element will always be relevant in order to establish a convincing terroir link. Thus, the goals that the Commission is determined to pursue-namely, the simplification of the system and the acceleration of the registration procedure-will hardly be achieved. More specifically, this opinion submits that this specific amendment concerning the definition of a PDO should not be included in the future reform of the EU Law of Geographical Indications because: (1) it is based on an idea of GI protection that was discarded with the introduction of the EU sui generis GI regime in 1992; (2) it adopts a disputable concept of terroir; (3) it could potentially weaken the foundations of PDO and makes it less justifiable with respect to third countries; and (4) it is apparently inconsistent with the recent reform of the Lisbon Agreement, that the Commission itself is endorsing and recommending to the EU Member States. This opinion has been developed within the context of the work of the Max Planck GI Research Team. Special thanks to Flavia Guerrieri and Dr. Suelen Carls for their valuable feedback.
This paper analyses the suitability of the extension of the EU quality schemes-Protected Designations of Origin (PDOs) and Protected Geographical Indications (PGIs)-to the protection of non-agricultural products. In particular, the work develops an original investigation on the nature of these goods and assesses whether it is compatible with the scope of protection of the EU sui generis GI system, which is determined by the different origin link that characterises the two abovementioned quality schemes. The research, by applying a mixed comparative/ empirical methodology and building upon a previously unpublished dataset, develops an analysis divided into three parts, reaching the following conclusions. First, if sui generis GIs were chosen as the means to protect non-agricultural products, the French legislation on the sui generis protection of handcrafts should be This article has been developed within the context of the work of the Max Planck GI Research Team and is the result of the joint effort of the authors. In particular, Andrea Zappalaglio completed the following Sects: 1
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