Wine Law

10 concepts should be kept as distinct 18 , bearing in mind that the legal framework is fundamentally the same for both. It should be noted that Strasburg Professor Laure Marino — an expert in intellectual and industrial property — does not view the geographical indication, instituted in European law, as a properly separate category, alongside the designation of origin, but rather as a qualified version thereof. She would then posit an umbrella category of “geographical designations”, within which there would be “designations of origin” and “geographical indications”, which, in turn, would split into “basic geographical indications”, (studied above) and “protected geographical indications (PGI)” (the category we are now studying) 19 . Whether we agree with this taxonomy or not, we may all well concur with Marino that the designation of origin reveals an undeniably specific nature, which would justify its separate study. That cannot be said so categorically of geographical indications. Let us try and draw their limits within European law. Our first task will be making a distinction between wine and non-wine geographical indications. 2.2.2. Non-wine geographical indications At present, in European law, the geographical indication for agricultural products and foodstuffs other than wine is defined in paragraph 2 of article 5 of the 2012 Regulation as follows (some minor corrections have been made since the original 1992 version was passed): “a name which identifies a product: (a) originating in a specific place, region or country; (b) whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and (c) at least one of the production steps of which take place in the defined 18 OLIVEIRA ASCENSÃO, a Portuguese Civil Law expert, claims bluntly that this binary concept is a “fallacious introduction” (in “Questões problemáticas em sede de indicações geográficas e denominações de origem”, Revista da Faculdade de Direito da Universidade de Lisboa , book XLXV, no. 1, 2005, p. 262). 19 MARINO, L. (2013), Droit de la propriété industrielle , 8 th ed. Dalloz, París, pp. 124-127.