Wine Geographical Indications and Product Specifications; A Case of Prosecco Quality and Characteristics?

(2022) 23(2) Journal of World Investment & Trade 218

42 Pages Posted: 21 Dec 2022 Last revised: 28 Apr 2023

See all articles by Lisa Spagnolo

Lisa Spagnolo

Macquarie Law School

Mark Davison

Monash University - Faculty of Law

Date Written: April 26, 2022

Abstract

TRIPS Art. 22 defines Geographical Indications (GI). However, GI claims are increasingly contentious. Given the significance of trade barriers which can arise from unjustified GI claims, the article argues that legitimacy of GI claims must turn on whether objective evidence exists to the effect that Art. 22.1 criteria are met. This article tests certain elements of the EU ‘Prosecco’ GI claim – that its qualities and characteristics are essentially attributable to the relevant location - against Italian production specifications to determine whether they provide evidentiary justification for the GI claim. This reveals evidence of absence of consistent qualities or characteristics in ‘Prosecco’ wine. The article additionally examines evidence explaining why this is so. The consequence of this conclusion is that the EU ‘Prosecco’ GI claim must rest solely upon the concept of ‘reputation’ for its legitimacy. Moreover, the approach taken by this article can be utilized to test the legitimacy of any GI claim so far as it relates to quality and characteristics.

Keywords: Prosecco; Geographical Indications; TRIPs; TRIPS Agreement; Wine; Wine Geographical Indications

Suggested Citation

Spagnolo, Lisa and Davison, Mark, Wine Geographical Indications and Product Specifications; A Case of Prosecco Quality and Characteristics? (April 26, 2022). (2022) 23(2) Journal of World Investment & Trade 218, Available at SSRN: https://ssrn.com/abstract=4297549 or http://dx.doi.org/10.2139/ssrn.4297549

Lisa Spagnolo (Contact Author)

Macquarie Law School ( email )

North Ryde
Sydney, New South Wales 2109
Australia

Mark Davison

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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