Wine Law
20 evocative of the geographical area of Castelha-La Mancha may be easily applied also in other cases, concerning wine geographical indications and designations of origin. 5. Conclusions The analysis of the laws and regulations on DOs and GIs, as well as of the most recent case-law, shows a general trend, in favour of a deeper and more effective protection for designations of origin and geographical indications. However, it is worth recalling that the registration of DOs and GIs and the rules against any form of infringement do not grant an automatic protection, meaning that the owners of the signs shall attentively monitor the market and quickly defend their rights before any competent authority. In this connection, the permanent action of collective bodies, such as Consortia, constitutes one of the best instruments of protection. As a matter of fact, also the defense of consumers’ rights and interests, in particular in relation to the fairness of the indication, included in the labels, of the origin and qualities of wine products, largely depends on Consortia’s level of awareness. In this sense, as highlighted in the previous paragraphs, Consortia and other collective bodies have been playing a fundamental role in the last years and several important rulings have been issued by the Italian and European Courts of merit, upon their judicial requests. For instance, very recently, with decision of 24 June 2020, the Consortium for the Protection of the Controlled Designation of Origin Prosecco has obtained an important decision before the High Court of Justice of England and Wales, which has confirmed the previous statement of the UK Intellectual Property Office, rejecting the “Nosecco” trademark application, filed by a French company 10 . The ruling has been grounded on the evocation of the well-know Prosecco designation of origin, with the significant precision that the evocation of a DO or GI, expressly prohibited by Regulation (EU) No. 1308/2013, 10 High Court of Justice of England and Wales, 24 June 2020, EWHC 1633, case no. CH-2019-000335, in Darts.ip.
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