Wine Law

7 they indicate the true geographical origin of the products on which they are used (i.e. where the names of places of origin are identical or similar) 28 . On the other hand, concurrent use of homonymous geographical indications may also be misleading where a (famous) geographical indication is associated with specific qualities and characteristics which are absent from the products sold under its homonym 29 . Therefore, Article 22(4) TRIPS extends the protection against misleading designation of origin to cases where a geographical indication is literally true as to the territory, region or locality in which the goods originate but it in fact falsely represents to the public that the goods originate in another territory. Conflicts of this kind typically occur in connection with wines 30 . Hence, WTO and EU law contain specific provisions that in principle allow the co-existence of homonymous geographical indications for wine as long as their deceptive use can be prevented. Article 23(3) of the TRIPS Agreement provides that in the case of homonymous geographical indications for wines, protection shall be accorded to each such geographical indication, provided that it does not falsely represent to the public that goods on which it is used originate in the territory of another WTO Member. The provision is a compromise that leaves it to WTO Members to determine the practical conditions under which the homonymous geographical indications will be differentiated from each other, taking into account equitable treatment of the producers and the protection of consumers against misleading practices 31 . International Organisation of Vine and Wine (OIV) 32 recommended in its Resolution ECO/3/99 that when setting differentiation rules for such homonymous names, its Member States consider:  “the official recognition used in the country of origin;  the length of time the name has been in use;  whether the usage is in good faith;  the importance of presenting the homonymous labels to marketing; 28 WIPO document SCT/5/3, para. 89; O’Connor, p. 106. 29 WIPO document SCT/5/3, pp. 83-84. 30 L. Monten, p. 320. 31 M. Blakeney, pp. 27-28. OIV Resolution ECO/3/99 defined the homonymy of a geographical indication as a denomination used in several countries to designate a wine or spirit beverage of viticultural origin having a similar or identical spelling and/or pronunciation. 32 Official website : http://www.oiv.int/.