The Protection of Traditional Terms for Wines in the EU and Beyond

Abstract

Terms used in connection with wine products in the European Union (EU) can be protected through different schemes. The geographical origin of wine products is commonly protected through designations of origin and geographical indications. The specific origin of a wine product, namely an undertaking, is indicated through trademarks. A less known form of protection falling outside the scope of intellectual property protection are so-called traditional terms. They often contain non-geographical words, phrases and initials, such as premier cru or château. This chapter analyzes how these terms are protected within and outside the EU. Some third countries have concluded agreements with the EU, agreeing on certain standards of protection. Other third countries have been adamant of the protection scheme being discriminatory: some third countries are allowed to import wine products into the EU that carry identical terms to those protected for wines from EU Member States. In addition, we have analyzed the most recent amendments to the EU legislative instruments, which aim at simplifying the grant of protection to traditional terms and harmonizing these procedures with those applicable to the protection to designations of origin and geographical indications within the EU.

Keywords: traditional terms for wines, European Union, geographical indications, United States, Wine Trade Agreement, product characteristics, protected designation of origin