La protezione delle indicazioni geografiche e delle denominazioni d'origine dei prodotti agroalimentari a seguito del rapporto del "Panel" dell'Organizzazione mondiale del commercio
The protection of geographical indications and designations of origin for agricultural products and foodstuffs after the adoption of the WTO’s Panel Report (by Susanna Visser) - ABSTRACT: This article aims to analyze the new European Community discipline on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, which entered into force after the adoption of the WTO’s Panel Report known as EC Geographical Indications. The Panel as known was asked to determine whether the (now repealed) regulation (EC) 2081/92 was in compliance with the TRIPs and GATT 1994 agreements, or not. After a general overview of the GI’s topic, the article analyzes the main issues of the Panel Report; afterwards, the new regulation (EC) 510/2006 that repeals and substitutes the regulation (EC) 2081/92 is discussed in a somewhat more detailed manner; all the main amendments to the previous discipline are analyzed, with a special focus on the protection of geographical indications and designation of origin of products coming from third countries outside the European Community. In the last part of the essay, the effect of the WTO rules into the European Community is considered. Though according to the constant opinion of the ECJ WTO rules have no direct effect in the European Community law system, European Community had to adequate its discipline to the Panel’s findings and conclusions, in order to avoid countermeasures (known as retaliation) provided by the DSU.
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Volume (Year): 2007/1 (2007)
Issue (Month): 1 ()
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