Wine Law

2 be of great interest to delve into the concerns and legal challenges arising out of these designations of origin. Much local produce has been inextricably associated with the place they originated from 2 . Hence, legislation, in instituting this rather distinct legal status which is the designation of origin — linking the origin of the product and its distinctive characteristics, these being, theoretically, indicative of a certain quality —, is fashioning an existing reality and regulating it on with a view to fostering production, quality and fair competition. Arguably, it has been claimed that, in protecting names associated with local produce, we are contributing to “the shaping of the cultural identity of a nation or municipality” 3 . Incidentally, is not “ Porto ” a wine that has become the core element of the cultural identity of said Portuguese city? Designations of origin have attracted of late increasingly keen eyes — particularly, I would insist, the wine industry —, as “the constellation of assorted interests” (Botana Agra 4 ) that revolve around this legal construct brighten up. Interestingly, designations of origin bring together farmers’ interests, those of local economies — which see them as catalyst of the prosperity of the region — and those those of consumers — who, today, scrutinise products more diligently for quality and safety issues. These are collective interests that transcend those of individuals. Furthermore, the mounting keenness for open competition in markets and quality and health and safety issues in the food industry is prompting the seemingly incessant granting, announced by the Official Journal of the European Union, of new designations of origin and protected geographical indications within the EU. 2 Consider the telling example of the pronouncements made by Advocate General Dámaso RUIZ-JARABO COLOMER in his Opinion, presented on 10 May 2005, in the Joined Cases C-465/02 and C-466/02, heard at the European Court of Justice, an opinion being a vital judicial/doctrinal reference in relation to designations. “The first reference to a designation of origin can be found in the Bible”, he claimed, pointing out the allusion of the telling of the “cedars from Lebanon” when recounting the building of the Temple of Jerusalem. He adds other quotes from the Antiquity, from writings by Roman and Greek authors such as Herodotus, Aristotle, Plato, Vergil or Horace. 3 ERRÁZURIZ TORTORELLI, C. (2010), “Indicaciones geográficas y denominaciones de origen. Propiedad intelectual en progreso”, Revista Chilena de Derecho , vol. 37, no. 2, p. 234. 4 BOTANA AGRA, M. J. (2001), Las denominaciones de origen , a monograph in OLIVENCIA, M., FERNÁNDEZ- NOVOA, C. & JIMÉNEZ DE PARGA, R. (Eds.), JIMÉNEZ SÁNCHEZ, G., Tratado de Derecho Mercantil (book XX, vol. 2), Marcial Pons, Madrid-Barcelona, p. 42.