Wine Law

9 Agreement allows WTO Members to treat customary names of grape varieties as generic names for wine. They are not required to apply the TRIPS provisions in respect of a geographical indication of any other WTO Member for products of the vine that is identical with the customary name of a grape variety existing in their territory. The same approach is evident from the Agreed Statement contained in the Geneva Act concerning its Article 12. The statement by the signatories of the Geneva Act clarifies that provisions on the protection against becoming generic do not apply where, prior to its international registration, the geographical indication has already become a generic name in a specific country. Examples of such prior use are where the geographical indication is identical with a term customary in common language as the common name of a good or service or is identical with the customary name of a grape variety in in the country. This means that customary names of grape varieties can still be considered as generic names of varietal wines where such use of the term is customary in common language. Article 4 of the Madrid Agreement, on the other hand, expressly excludes “ regional appellations concerning the source of products of the vine ” from being considered as genetic terms by the courts deciding what appellations are not protected. The protection against becoming generic is thus stricter specifically with regard to geographical indications for wine 37 . 4.2. International standard for the labelling of wines International Organisation of Vine and Wine dealt with the issue of varietal names in its International Standard for the Labelling of Wines 38 , which is a recommendation to OIV Member States with the aim to ease international exchange and to ensure fair information to consumers. Under the Standard, labelling is compulsory for pre-packed wines which are to be sold to the consumer (Article 1.2.2.). Labelling must include compulsory information to which optional information can be added. Only information 37 J. Addor & A. Grazioli, p. 877. 38 International Standard for the Labelling of Wines, edition 2015, available in: http://www.oiv.int/en/technical-standards-and-documents/products-definition-and- labelling/international-standard-for-labelling-wines ( last accessed on 23.12.2020).