The protection of trademarks and geographical indications in the wine sector

Abstract

The aim of this work is to analyse the role that trademarks and geographical indications, as intellectual property rights, play in the wine industry. After a description of their national, international and European legal framework, their registration procedures and their own peculiarities, a comparison is made based on the protection that the two different tools are able to guarantee. In particular, the relationships between collective marks and geographical indications are identified. Finally, the problem of infringement which strongly affects the wine sector is highlighted through some numerical data and the examination of a concrete case concerning the Ferrari trademark in China. This helps to understand how in some countries Italian wine products can be difficult to defend.