TY - JOUR
T1 - The “indirect” or “conceptual” evocation of a protected designation of origin and its practical and juridical effect after ecj case queso manchego
AU - Rubino, Vito
N1 - Publisher Copyright:
© 2019, Centro Estudios Politicos Constitucionales. All rights reserved.
PY - 2019/9/1
Y1 - 2019/9/1
N2 - This commentary on the EU Court of Justice Queso Manchego ruling analyses the evolution of the concept of “evocation” of a PDO-PGI in order to highlight its expansive character and its consequences for economic operators and national courts (called upon to apply EU legislation in this area). In particular, the author, after having reconstructed the most significant EU case-law on the subject in the last twenty years, focuses on the concept of “indirect evocation” and the “average European consumer” of reference, concepts analysed in detail by the Queso Manchego judgment. The evolutionary dynamics of the matter are then compared with what happened in the sector of well-known brands in order to understand similarities and differences between this industrial property rights, and forecast what further developments may take place. Finally, the author points out the problem of the difficult balance between the requirements of protection, based on the full ownership of the known brand, and fundamental freedoms (economic, competitive, expressive), which it will necessary for national courts to uphold in the context of future cases.
AB - This commentary on the EU Court of Justice Queso Manchego ruling analyses the evolution of the concept of “evocation” of a PDO-PGI in order to highlight its expansive character and its consequences for economic operators and national courts (called upon to apply EU legislation in this area). In particular, the author, after having reconstructed the most significant EU case-law on the subject in the last twenty years, focuses on the concept of “indirect evocation” and the “average European consumer” of reference, concepts analysed in detail by the Queso Manchego judgment. The evolutionary dynamics of the matter are then compared with what happened in the sector of well-known brands in order to understand similarities and differences between this industrial property rights, and forecast what further developments may take place. Finally, the author points out the problem of the difficult balance between the requirements of protection, based on the full ownership of the known brand, and fundamental freedoms (economic, competitive, expressive), which it will necessary for national courts to uphold in the context of future cases.
KW - Evocation
KW - Geographical indications
KW - Protected denominations of origin
KW - Trademarks
KW - Unfair competition
UR - http://www.scopus.com/inward/record.url?scp=85078001773&partnerID=8YFLogxK
U2 - 10.18042/cepc/rdce.64.06
DO - 10.18042/cepc/rdce.64.06
M3 - Article
AN - SCOPUS:85078001773
SN - 1138-4026
VL - 2019
SP - 963
EP - 979
JO - Revista de Derecho Comunitario Europeo
JF - Revista de Derecho Comunitario Europeo
IS - 64
ER -