Getting Article 22(1) TRIPS Right: A Commentary on the Definition of ‘Geographical Indication’ from a European Union Perspective with a Focus on Wines

Abstract

Abstract The article conducts an in-depth analysis of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights that provides the definition of ‘Geographical Indication (GI)’, focusing specifically on the field of wine. Particularly, the research analyses: (1) the concept of ‘indication’; (2) the words ‘quality, reputation or other characteristic’ and (3) the adverb ‘essentially’. Building upon the text of the Agreement; its drafting history and adopting the EU GI regime as a case study, the research concludes that: first, the concept of ‘indication’, in spite of its literal meaning and historical origin, can be subject to a very broad interpretation; second, wine remains a product characterised by a qualitative link with its area of production, although the importance of the ‘reputational link’ is growing; and, lastly, that the adverb ‘essentially’ introduces a margin of flexibility, thus allowing products that are not ‘exclusively’ related to a specific area to qualify for GI protection nonetheless.