Autore
Albisinni, Ferdinando

Titolo
Nomi geografici e marchi commerciali: regole del mercato e sistemi locali
Periodico
Economia & diritto agroalimentare
Anno: 2007 - Volume: 12 - Fascicolo: 2 - Pagina iniziale: 23 - Pagina finale: 55

The paper examines the rules that at present time regulate the use of geographical names and of trade marks for agri-food products. The occasion for the discussion of the topic are some recent judicial decisions of the Italian Supreme Court (Corte di Cassazione), which admitted the use of the name “Italy” on the label of some products manufactured outside of Italy by foreign factories under the control and the instructions of Italian reseller. The author emphasizes that such a paradoxical result, notwithstanding the several special rules approved by the Italian Parliament in the last few years and aimed to restrict such use only to products entirely manufactured in Italy, is due to the ineffectiveness of any approach “by exception”, while it is necessary to consider in a systematic way all the context of European and International legal framework on rules of origin of food products. An analysis of recent trends in the application of trade rules, with specific reference to the most recent judicial decisions of the European Court of Justice, leads to the conclusion that a possible answer to the request of Italian agri-food producers for an e. ective protection of their use of traditional geographic names may be found not as an exception to ordinary competition rules, but with a more systematic and large application of rules of fair competition and of legal title to industrial property rights, based on the substantive difference between rights pertaining to individuals and rights by nature and history pertaining to local communities.



SICI: 1970-9498(2007)12:2<23:NGEMCR>2.0.ZU;2-U
Testo completo: http://www.fupress.net/index.php/eda/article/download/1873/1807

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