The Recent Conflicts Between Geographical Indication and EU Trademarks in the Light of the Recent Developments in Community Law and Jurisprudence: A GIs’ Overprotection?

Abstract

The old conflict between GIs and Trademarks is today enriched with another element, supplied by the recent jurisprudence of the EU. In fact, in order to mislead the consumers it would seem no longer enough to incorporate a GI into a trademark, because it would be enough a confusingly similarity between the trademark and the GI at issue. This collision between two different IPRs could open new scenarios with regard to GIs.

Accordingly to this issue, the main purpose of this paper is to try to figure out whether the evolution of GIs protection is going in the direction of an overprotection, and consequently to propose a personal balancing of the interests involved.

Keywords: Intellectual Property, Trademarks, Geographical Indications, EU Law