EU Law on Indications of Geographical Origin: Theory and by Vadim Mantrov

By Vadim Mantrov

The current booklet examines either theoretical and functional features of the legislations on symptoms of geographical beginning (IGOs) in the framework of eu Union (EU) legislations, pursuing 4 distinctive but together similar goals. First, it discusses theoretical problems with the legislations on IGOs together with its historic foundations, terminology, rules of law, criminal subjectivity, safeguard versions and lack of safeguard. moment, it covers the european legislations on IGOs from a scientific perspective. relatively, the systematic evaluate of the ecu legislation on IGOs comprises an in-depth research of and observation at the appropriate and acceptable laws. 3rd, it examines present legislative projects and additional improvement recommendations for the european legislation on IGOs. eventually, it unearths the interrelation of the ecu legislation on one hand and the nationwide legislation of european Member States at the different in regards to IGOs, targeting harmonized and non-harmonized parts of law.

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E. the word ‘source’ instead of the word ‘origin’, which may cause misunderstandings from the terminology point of view (see further discussion within this section). 73 Bundesgesetz u¨ber den Schutz von Marken und Herkunftsangaben vom 28. August 1992; BBl 1992 V 891 [Swiss Trade Mark Law]. ch/ch/d/sr/232_11/index. html#id-1. doc. 75 Gesetz u¨ber den Schutz von Marken und sonstigen Kennzeichen vom 25. Oktober 1994 (BGBl. I S. 3082; 1995 I S. 156; 1996 I S. 682) [German Trade Mark Law]. Available at http://bundesrecht.

In addition, other theoretical questions of the law of IGOs are still unrevealed and unstudied including their place in the IP system or legal subjectivity issue having both theoretical and practical meanings. 10 Furthermore, it must be admitted that none of previous books comprehensively covers the effective EU law in conjuncture with recent judgments of the Court of Justice of the European Union (hereinafter the CJEU). This consideration has nothing to do with the fine quality of previous books but it is related to the dynamic development of EU law concerning IGOs.

6. 71 Case 12-74 Commission of the European Communities v the Federal Republic of Germany [1975] ECR 00181 – Sekt, para. 7. 72 Advocate-General Jacobs Opinion in Case C-312/98 Schutzverband gegen Unwesen in der Wirtschaft eV v Warsteiner Brauerei Haus Cramer GmbH & Co. KG [ECR] 2000 I-09187 – Warsteiner, para. 2. Interestingly, that by referring to the analogue terms in French and German, Advocate-General Jacobs mentioned the terms ‘indication de provenance ge´ographique’ and ‘geographische Herkunftsangabe’ (see footnote 2 of his Opinion).

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