Wine Law

17 sense, these names are more of a distinctive sign in their own right than the best-known trademarks. Both serve the purpose of defining a product and differentiating it from similar ones. However, while trademarks limit themselves to protecting a creative sign freely chosen by the owner of the company who intends it to be a symbol of the product, designations of origin protect the name and, in doing so, afford a guarantee of quality related or inherent to them. That guarantee will effectively materialise through a public body’s intervention. The undeniable dissimilarities between both types clarify further their definition while affording “a public streak”, but do not distort necessarily the qualification of the geographical names protected under intellectual property law. Arguably, the viewing of the geographical name, primarily and commercially, as a distinctive sign has led many to regard safeguarding against forgery as the primary function or role of the designation of origin. In other words, it has been perceived as instrumental in fostering fair competition. It would seem consistent that those who support such relevance of the role would also insist on the essential private-law nature of geographical designations. I will list a number of questions and answers that will illustrate the public-law character of that legal entity. – Having conceded above that there are a multiplicity of vested interests lurking about designations of origin, what should be the most significant roles that would justify such a high-stake exception to the unbridled prevailing free-market policies? It is imperative to bring up here the following pronouncement by the Constitutional Court back in 1990: this legal status “arises out of communal necessity on behalf of the public interest”. – Along the same lines, why does the state seek to stimulate designations of origin through a peculiar meddling initiative? Because it identifies in them strong public interests. – Whose remit is it to process applications and the subsequent recognition of the various levels of protection within the system, including the description of the limits defined in the designation? Subject to a discussion of whether the recognition procedure of the designation should be viewed as an executive or informative exercise (whether it