Information for Review under TRIPS Art. 24.2 (Checklist of Questions on GIs) - View details of the document

European Union

In Spain, in order that a geographical indication may be protected from being used falsely on an unentitled product, the indication must have been approved as a Designation of Origin (PDO, quality wine psr), a Specific Designation (PGI), a Geographical Designation (for spirit drinks only) or a Geographical Indication for so-called "vinos de la tierra" (local wines). This approval is made effective through legal provisions, normally Orders ("Ordenes"), which are published in the corresponding Official Journal ("Boletin Oficial") of the Autonomous Community concerned and, subsequently, in the Official Journal of the State. From this point on, the protection is in effect and it is not necessary to implement any other procedure, such as registration.

At present, there are four regimes of protection according to product type. These are based on the following provisions: - For wines with a Designation of Origin (quality wines psr), Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82 and 83); Regulation (EEC) 823/87 laying down special provisions relating to quality wines produced in specified regions (Article 15.4); and Regulation (EEC) 2392/89 laying down general rules for the description and presentation of wines and grape musts (Article 40); - For table wines entitled to the indication "vinos de la tierra", the Order of 11 December 1986 establishing the rules for the use of geographical names and the term "vino de la tierra" in the description of table wines (Articles 2 and 3); Regulation (EEC) 822/87 on the common organization of the market in wine (Article 72.4); and Regulation (EEC) 2392/89 laying down general rules for the description and presentation of wines and grape musts (Article 40); - For spirits, Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82 and 83); and Regulation (EEC) 1576/89 laying down general rules on the definition, description and presentation of spirit drinks (Article 5.3); - For other agri-food products, Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82 and 83); and Regulation (EEC) 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Article 13). Furthermore, in general terms, Law 32/88 on Trademarks stipulates that signs which may mislead the public as to the true geographical origin of the product may not be registered as trademarks (Article 11.1.f) and, within the EU, it is also necessary to take into account Directive 79/112/EEC on the approximation of the laws of the member States relating to the labelling, presentation and advertising of foodstuffs (Article 2.1.a.i).

The protected geographical indications (in the various forms described in the reply to question 1 above) extend only to agri-food products and not to any other type of products or services, either in Spain or at EU level.

The provisions directed to the recognition of geographical indications required by Articles 22.2 and 23.1 of the TRIPS Agreement are those described in the reply to question 2 above. The provisions preventing the wrongful use of geographical indications (as set out in Articles 22.2 and 23.1 of the TRIPS Agreement) are: Law 25/70, Regulation (EEC) 2392/88, Regulation (EEC) 2081/92, Law 32/88 and Directive 79/112/EEC. Moreover, to ensure that the protection of geographical indications required by Articles 22 and 23 of the TRIPS Agreement is properly applied, the following legal texts have been introduced: - Article 72 of Regulation (EEC) 822/87 (for wines); - Article 11 of Regulation (EEC) 1576/89 (for spirit drinks); - Article 10 of Regulation (EEC) 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (for aromatized wines).

Protection for geographical indications is provided by the legislation already mentioned in the reply to question 2 above.

[Answer 2: At present, there are four regimes of protection according to product type. These are based on the following provisions: - For wines with a Designation of Origin (quality wines psr), Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82 and 83); Regulation (EEC) 823/87 laying down special provisions relating to quality wines produced in specified regions (Article 15.4); and Regulation (EEC) 2392/89 laying down general rules for the description and presentation of wines and grape musts (Article 40); - For table wines entitled to the indication "vinos de la tierra", the Order of 11 December 1986 establishing the rules for the use of geographical names and the term "vino de la tierra" in the description of table wines (Articles 2 and 3); Regulation (EEC) 822/87 on the common organization of the market in wine (Article 72.4); and Regulation (EEC) 2392/89 laying down general rules for the description and presentation of wines and grape musts (Article 40); - For spirits, Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82 and 83); and Regulation (EEC) 1576/89 laying down general rules on the definition, description and presentation of spirit drinks (Article 5.3); - For other agri-food products, Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82 and 83); and Regulation (EEC) 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Article 13). Furthermore, in general terms, Law 32/88 on Trademarks stipulates that signs which may mislead the public as to the true geographical origin of the product may not be registered as trademarks (Article 11.1.f) and, within the EU, it is also necessary to take into account Directive 79/112/EEC on the approximation of the laws of the member States relating to the labelling, presentation and advertising of foodstuffs (Article 2.1.a.i).]

Quality wines psr Examples: Jerez-Xeres-Sherry, Manzanilla Sanlucar de Barrameda, Malaga, Montilla Moriles, Rioja, Ribera del Duero, etc. The geographical indication is first approved by the corresponding Autonomous Community and then ratified by the Spanish State. After that, it is recognized at Community level under Article 1.3 of Regulation (EEC) 823/87. It is protected under Article 15.4 of Regulation (EEC) 823/87 and Article 40 of Regulation (EEC) 2392/89. Finally, it is registered and published in the Official Journal of the European Communities. "Vinos de la tierra" Examples: Medina del Campo, Ribera del Arlanza, Manchuela, Cebreros, etc. These geographical indications are approved by the competent Autonomous Community. Their protection is based on Article 72.4 of Regulation (EEC) 822/87 and Article 40 of Regulation (EEC) 2392/89. Spirit drinks Examples: Brandy de Jerez, Pacahran Navarro, Orujo de Galicia, Chinchon, Palo de Mallorca, etc. These are recognized at Community level on the basis of Article 5.3 of Regulation (EEC) 1576/89 and protected under its Article 5.3.b. They are registered and published in Annex II of the Regulation. Other agri-food products Examples: Manchego cheese, Baena, Guijuelo, Alcarria honey, Navarre asparagus, etc. Registered under Article 17 of Regulation (EEC) 2081/92, simplified procedure for names already legally protected in the member State. Examples: Huelva ham, Gallega veal, Almagro aubergine, etc. Registered under Articles 5, 6 and 7 of Regulation (EEC) 2081/92, normal procedure. The protection and the necessary criteria under Articles 2 (definitions) and 4 (specification) of the Regulation are the same for both procedures.

Article 23.2 of the TRIPS Agreement establishes the possibility of the existence of regulations which refuse or invalidate trademarks for wines or spirits which contain or consist of a protected geographical indication for wines or spirits, respectively. In Spain, there is a regulation which refuses requests for such a trademark but there is no possibility of invalidation if the trademark was registered prior to the recognition of the geographical indication and, accordingly, under certain conditions acquired rights apply. What the Checklist calls a "higher level of protection" is available for: - Wines with a Designation of Origin (quality wines psr), under Law 26/1970, which establishes that trademarks which refer to DOs may be registered only if they are used on products entitled to such a designation and subject to authorization by the Regulatory Authority ("Consejo Regulador") (Article 83.3); and Regulation (EEC) 2392/89 laying down general rules for the description and presentation of wines and grape musts (Article 40); - Other agri-food products, under Regulation (EEC) 2081/92 (Article 14); - And, in general terms, under Law 32/88 on Trademarks, which stipulates that Designations of Origin may not be registered as guarantee marks (Article 62.2). Similarly, trademarks composed exclusively of indications used in trade to designate geographical provenance are not registrable (Article 11.1.c).

See the reply to question 1 under I above.

[Answer 1: In Spain, in order that a geographical indication may be protected from being used falsely on an unentitled product, the indication must have been approved as a Designation of Origin (PDO, quality wine psr), a Specific Designation (PGI), a Geographical Designation (for spirit drinks only) or a Geographical Indication for so-called "vinos de la tierra" (local wines). This approval is made effective through legal provisions, normally Orders ("Ordenes"), which are published in the corresponding Official Journal ("Boletin Oficial") of the Autonomous Community concerned and, subsequently, in the Official Journal of the State. From this point on, the protection is in effect and it is not necessary to implement any other procedure, such as registration.]

The definitions of the types of protected geographical indications currently subject to regulation in Spain are indicated below, together with the provision containing the definition: At national level DESIGNATION OF ORIGIN ("Denominacion de Origen - DO"), for wines, spirit drinks and other agri-food products: "Geographical name of a region, district, place or locality used to designate a product from that area having distinctive qualities and characteristics due mainly to the natural environment and to its preparation and cultivation. "A geographical name of a region, district, place or locality is considered to be used to designate a product originating in that area if it is permanently in wide circulation and well-known on the domestic market or has at least achieved a considerable reputation on a regional scale or a developed market abroad" (Article 79 of Law 25/1970). SPECIFIC DESIGNATION ("Denominacion Especifica - DE"), for spirit drinks and other agri-food products: "Description applicable to a product which has distinctive qualities among products of the same kind due to its raw material base, environment or methods of production." (Article 3 of Royal Decree 1573/1985 regulating generic and specific names of food products.) VINO DE LA TIERRA (for some table wines entitled to a geographical indication): Term applicable to table wines from certain wine-growing areas by whose name it must be accompanied. These wines must satisfy certain conditions with respect to varieties, alcoholic strength, volatile acidity and sulphur dioxide (Article 3 of the Order of 11 December 1986 establishing rules for the use of geographical names and the term "vino de la tierra" in the description of table wines). At European Union level QUALITY WINE PRODUCED IN A SPECIFIED REGION (QUALITY WINE PSR) (and its variants: quality sparkling wine psr, quality liqueur wine psr and quality semi-sparkling wine psr): "Specified region shall mean a wine-growing area or combination of wine-growing areas which produces wine possessing special quality characteristics and whose name is used to designate them" (Article 3 of Regulation (EEC) 823/87). Some exceptions are allowed and are listed in Article 15.3 of the Regulation, e.g. "Cava". TABLE WINES DESCRIBED USING A GEOGRAPHICAL INDICATION: "The said geographical indications shall correspond to a geographical unit which is smaller than the Member State and may be: a small locality or a group of such localities, a local administrative area or part thereof, a wine-growing subregion or part thereof or a region other than a specified region (Article 4.1 of Regulation (EEC) 2392/89). ... In addition, these geographical indications shall be reserved for table wines meeting certain production requirements, particularly as regards vine varieties, minimum natural alcoholic strength by volume and organoleptic characteristics (Article 4.3 of the same Regulation)." GEOGRAPHICAL DESIGNATION (GD) (for spirit drinks): Those listed in Annex II to Regulation (EEC) 1576/89 which "shall be reserved for spirit drinks in the case of which the production stage during which they acquired their character and definitive qualities took place in the geographical area indicated" (Article 5.3.b of the Regulation). PROTECTED DESIGNATION OF ORIGIN (PDO) (agri-food products, other than wines and spirit drinks): "The name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - "originating in that region, specific place or country; and - "the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area" (Article 2.2.a of Regulation (EEC) 2081/92). PROTECTED GEOGRAPHICAL INDICATION (PGI) (agri-food products, other than wines and spirit drinks): "The name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - "originating in that region, specific place or country; and - "which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area" (Article 2.2.b of Regulation (EEC) 2081/92). In addition, Article 2.3 of Regulation (EEC) 2081/92 protects as designations of origin certain traditional geographical or non-geographical names designating an agricultural product or a foodstuff originating in a region or a specific place, which fulfil the conditions referred to in the second indent of the definition of a designation of origin. PDOs and PGIs receive the same form of protection.

The above definitions relate to geographical indications which are directly linked to the region of origin and identify products of a certain quality, renown or reputation which are tied to their region of origin.

[Answer 8: The definitions of the types of protected geographical indications currently subject to regulation in Spain are indicated below, together with the provision containing the definition: At national level DESIGNATION OF ORIGIN ("Denominacion de Origen - DO"), for wines, spirit drinks and other agri-food products: "Geographical name of a region, district, place or locality used to designate a product from that area having distinctive qualities and characteristics due mainly to the natural environment and to its preparation and cultivation. "A geographical name of a region, district, place or locality is considered to be used to designate a product originating in that area if it is permanently in wide circulation and well-known on the domestic market or has at least achieved a considerable reputation on a regional scale or a developed market abroad" (Article 79 of Law 25/1970). SPECIFIC DESIGNATION ("Denominacion Especifica - DE"), for spirit drinks and other agri-food products: "Description applicable to a product which has distinctive qualities among products of the same kind due to its raw material base, environment or methods of production." (Article 3 of Royal Decree 1573/1985 regulating generic and specific names of food products.) VINO DE LA TIERRA (for some table wines entitled to a geographical indication): Term applicable to table wines from certain wine-growing areas by whose name it must be accompanied. These wines must satisfy certain conditions with respect to varieties, alcoholic strength, volatile acidity and sulphur dioxide (Article 3 of the Order of 11 December 1986 establishing rules for the use of geographical names and the term "vino de la tierra" in the description of table wines). At European Union level QUALITY WINE PRODUCED IN A SPECIFIED REGION (QUALITY WINE PSR) (and its variants: quality sparkling wine psr, quality liqueur wine psr and quality semi-sparkling wine psr): "Specified region shall mean a wine-growing area or combination of wine-growing areas which produces wine possessing special quality characteristics and whose name is used to designate them" (Article 3 of Regulation (EEC) 823/87). Some exceptions are allowed and are listed in Article 15.3 of the Regulation, e.g. "Cava". TABLE WINES DESCRIBED USING A GEOGRAPHICAL INDICATION: "The said geographical indications shall correspond to a geographical unit which is smaller than the Member State and may be: a small locality or a group of such localities, a local administrative area or part thereof, a wine-growing subregion or part thereof or a region other than a specified region (Article 4.1 of Regulation (EEC) 2392/89). ... In addition, these geographical indications shall be reserved for table wines meeting certain production requirements, particularly as regards vine varieties, minimum natural alcoholic strength by volume and organoleptic characteristics (Article 4.3 of the same Regulation)." GEOGRAPHICAL DESIGNATION (GD) (for spirit drinks): Those listed in Annex II to Regulation (EEC) 1576/89 which "shall be reserved for spirit drinks in the case of which the production stage during which they acquired their character and definitive qualities took place in the geographical area indicated" (Article 5.3.b of the Regulation). PROTECTED DESIGNATION OF ORIGIN (PDO) (agri-food products, other than wines and spirit drinks): "The name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - "originating in that region, specific place or country; and - "the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area" (Article 2.2.a of Regulation (EEC) 2081/92). PROTECTED GEOGRAPHICAL INDICATION (PGI) (agri-food products, other than wines and spirit drinks): "The name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - "originating in that region, specific place or country; and - "which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area" (Article 2.2.b of Regulation (EEC) 2081/92). In addition, Article 2.3 of Regulation (EEC) 2081/92 protects as designations of origin certain traditional geographical or non-geographical names designating an agricultural product or a foodstuff originating in a region or a specific place, which fulfil the conditions referred to in the second indent of the definition of a designation of origin. PDOs and PGIs receive the same form of protection.]

A geographical indication, within the typology described above, is only recognized if it satisfies the corresponding definition. Furthermore, in the case of: Quality wines psr Although each member State follows its own criteria, there are certain minimum criteria laid down at Community level (Article 2 of Regulation (EEC) 823/87). These are mandatory and define the following parameters: - demarcation of the area of production; - vine varieties; - cultivation methods; - wine-making methods; - minimum natural alcoholic strength by volume; - yield per hectare; - analysis and assessment of organoleptic characteristics. Agri-food products (other than wines and spirit drinks) The parameters which, as a minimum, the Community requires to be defined are laid down in Article 4.2 of Regulation (EEC) 2081/92 which is reproduced in the reply to question 23 below.

[Answer 23: In general, the information which must be supplied in an application for recognition of a geographical indication is: - For wines and spirit drinks, the official letter of application signed by the group of producers and/or processors or interested individuals accompanied by a statement showing that the requirements necessary to obtain a DO or DE have been met in so far as the definition is satisfied and on the basis of the criteria set out in the reply to question 10 above; - For other agri-food products, the member State shall transmit to the Commission of the EU a product specification drawn up by the applicants and endorsed by the Government, together with all the documentation on which the decision to submit the application is based. In accordance with the provisions of Article 4.2 of Regulation (EEC) 2081/92, this product specification shall include at least: (a) The name of the agricultural product or foodstuff, including the designation of origin or the geographical indication; (b) a description of the agricultural product or foodstuff, including the raw materials, if appropriate, and principal physical, chemical, microbiological and/or organoleptic characteristics of the product or the foodstuff; (c) the definition of the geographical area and, if appropriate, details indicating compliance with the requirements in Article 2(4); (d) evidence that the agricultural product or the foodstuff originates in the geographical area, within the meaning of Article 2(2)(a) or (b), whichever is applicable; (e) a description of the method of obtaining the agricultural product or foodstuff and, if appropriate, the authentic and unvarying local methods; (f) the details bearing out the link with the geographical environment or the geographical origin within the meaning of Article 2(2)(a) or (b), whichever is applicable; (g) details of the inspection structures provided for in Article 10; (h) the specific labelling details relating to the indication PDO or PGI, whichever is applicable, or the equivalent traditional national indications; (i) any requirements laid down by Community and/or national provisions.]

Yes, for all the products protected by geographical indications, since in varying degrees they are prepared (from a wine to a fresh fruit) and depend on the human factor and within that the creativity which over time has succeeded in perfecting or devising special methods of production, preparation or processing which have given or helped to give the final product its distinctive characteristics.

These methods of production, preparation or processing may or may not be patented and, for example, varieties or breeds may or may not be registered, but none of this is essential for the development and recognition of a geographical indication.

The demarcation of the geographical area linked to a protected geographical indication is determined by the appropriate authority of the Autonomous Community concerned (when the area of production lies entirely within the territory of a single Autonomous Community) or by the national Ministry of Agriculture, Fisheries and Food (if more than one Autonomous Community is involved). Depending on the type of product and the type of protected geographical indication, the demarcation process is based on the climate, the soil, the varieties or breeds involved, and the methods of production, preparation or processing developed by the enterprises located in the area. In the case of agri-food products (other than wines and spirits), it is the group of producers and/or processors applying to the competent State authority for the registration of a new geographical indication (Article 5 of Regulation (EEC) 2081/92) that proposes the corresponding geographical demarcation.

Yes, there is legislation on homonymous geographical indications for wines: the Order of 11 December 1986 does not permit the recognition of geographical names for table wines which coincide with the description of a quality wine psr. At EU level, Article 4 of Regulation (EEC) 2392/89 introduces a similar criterion. With respect to imported wines, Article 29.2 and 3 of Regulation (EEC) 2392/89 prohibits, as a general principle, the presence in their description of the name of a geographical unit used to describe a table wine or a quality wine psr or the name of a given region in the Community. Exceptions may be allowed only where the geographical name in question is employed in the third country in accordance with traditional and consistent usage and on condition that its use is governed by rules in that country.

Spain has provided for the recognition and protection of geographical indications of other countries through: - Bilateral mutual protection agreements with: Germany, Portugal, France, Switzerland, Italy, Austria, Hungary and Czechoslovakia; - Since Spain was admitted to the EU (1 January 1988), there has been mutual recognition and protection with all the other member countries (currently: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Holland, Ireland, Italy, Luxembourg, Portugal, Sweden and United Kingdom); - EU-third country agreements (United States, Mexico, Australia, etc.). In the case of wine, these agreements grant foreign geographical indications the same protection as that enjoyed by quality wines psr, in accordance with Article 61 of Regulation (EEC) 822/87; - Annex II of Commission Regulation (EEC) 3201/90 of 16 October 1990 laying down detailed rules for the description and presentation of wines and grape musts. Furthermore, protection for names of other countries is also provided through the prohibition of the use of false indications of origin: - Article 72 of Regulation (EEC) 822/87 and Article 40.2 of Regulation 2392/89 (for wines); - Article 10 of Regulation (EEC) 1601/90 (for aromatized wines); - Article 11 of Regulation (EEC) 1576/89 (for spirit drinks); - Article 12 of Regulation (EEC) 2081/92 (for other agri-food products). In addition, Article 11.1.e of Law 32/88 on Trademarks and Article 2 of Directive 79/112 /EEC prohibit misleading information as to the origin or provenance of the product. This should also be understood to apply to third-country origins or provenances.

Spanish legislation does prohibit the use of geographical indications not protected in the country of origin but only where it is a question of repressing a false indication of origin. This is provided for in all the bilateral agreements mentioned in the first indent of the reply to question 15 above and in the Spanish Law on Trademarks. Moreover, the Community directives on labelling and advertising always contain similar provisions.

See the reply to question 8 under I above. There is no definition for the term "indications of source". However, Article 2.A.i of Directive 79/112 EEC states that the labelling and the methods used must not be such as could mislead the purchaser as to the origin or provenance of the product. This also applies to the presentation and advertising.

[Answer 8: The definitions of the types of protected geographical indications currently subject to regulation in Spain are indicated below, together with the provision containing the definition: At national level DESIGNATION OF ORIGIN ("Denominacion de Origen - DO"), for wines, spirit drinks and other agri-food products: "Geographical name of a region, district, place or locality used to designate a product from that area having distinctive qualities and characteristics due mainly to the natural environment and to its preparation and cultivation. "A geographical name of a region, district, place or locality is considered to be used to designate a product originating in that area if it is permanently in wide circulation and well-known on the domestic market or has at least achieved a considerable reputation on a regional scale or a developed market abroad" (Article 79 of Law 25/1970). SPECIFIC DESIGNATION ("Denominacion Especifica - DE"), for spirit drinks and other agri-food products: "Description applicable to a product which has distinctive qualities among products of the same kind due to its raw material base, environment or methods of production." (Article 3 of Royal Decree 1573/1985 regulating generic and specific names of food products.) VINO DE LA TIERRA (for some table wines entitled to a geographical indication): Term applicable to table wines from certain wine-growing areas by whose name it must be accompanied. These wines must satisfy certain conditions with respect to varieties, alcoholic strength, volatile acidity and sulphur dioxide (Article 3 of the Order of 11 December 1986 establishing rules for the use of geographical names and the term "vino de la tierra" in the description of table wines). At European Union level QUALITY WINE PRODUCED IN A SPECIFIED REGION (QUALITY WINE PSR) (and its variants: quality sparkling wine psr, quality liqueur wine psr and quality semi-sparkling wine psr): "Specified region shall mean a wine-growing area or combination of wine-growing areas which produces wine possessing special quality characteristics and whose name is used to designate them" (Article 3 of Regulation (EEC) 823/87). Some exceptions are allowed and are listed in Article 15.3 of the Regulation, e.g. "Cava". TABLE WINES DESCRIBED USING A GEOGRAPHICAL INDICATION: "The said geographical indications shall correspond to a geographical unit which is smaller than the Member State and may be: a small locality or a group of such localities, a local administrative area or part thereof, a wine-growing subregion or part thereof or a region other than a specified region (Article 4.1 of Regulation (EEC) 2392/89). ... In addition, these geographical indications shall be reserved for table wines meeting certain production requirements, particularly as regards vine varieties, minimum natural alcoholic strength by volume and organoleptic characteristics (Article 4.3 of the same Regulation)." GEOGRAPHICAL DESIGNATION (GD) (for spirit drinks): Those listed in Annex II to Regulation (EEC) 1576/89 which "shall be reserved for spirit drinks in the case of which the production stage during which they acquired their character and definitive qualities took place in the geographical area indicated" (Article 5.3.b of the Regulation). PROTECTED DESIGNATION OF ORIGIN (PDO) (agri-food products, other than wines and spirit drinks): "The name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - "originating in that region, specific place or country; and - "the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area" (Article 2.2.a of Regulation (EEC) 2081/92). PROTECTED GEOGRAPHICAL INDICATION (PGI) (agri-food products, other than wines and spirit drinks): "The name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - "originating in that region, specific place or country; and - "which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area" (Article 2.2.b of Regulation (EEC) 2081/92). In addition, Article 2.3 of Regulation (EEC) 2081/92 protects as designations of origin certain traditional geographical or non-geographical names designating an agricultural product or a foodstuff originating in a region or a specific place, which fulfil the conditions referred to in the second indent of the definition of a designation of origin. PDOs and PGIs receive the same form of protection.]

See the reply to question 14 under I above.

[Answer 14: Yes, there is legislation on homonymous geographical indications for wines: the Order of 11 December 1986 does not permit the recognition of geographical names for table wines which coincide with the description of a quality wine psr. At EU level, Article 4 of Regulation (EEC) 2392/89 introduces a similar criterion. With respect to imported wines, Article 29.2 and 3 of Regulation (EEC) 2392/89 prohibits, as a general principle, the presence in their description of the name of a geographical unit used to describe a table wine or a quality wine psr or the name of a given region in the Community. Exceptions may be allowed only where the geographical name in question is employed in the third country in accordance with traditional and consistent usage and on condition that its use is governed by rules in that country.]

With regard to the procedure for applying for the recognition of a geographical indication, there are two possibilities: - for wines and spirit drinks, it is the producers and/or processors themselves who must apply to the appropriate public authority (autonomous or central, depending on whether the demarcation area of the geographical indication lies in only one or more than one Autonomous Community) (Article 84.1 of Law 25/1970), although it is possible for the authority to act ex officio (Article 85 of Law 25/1970); - for other agri-food products, only groups of producers and/or processors or, subject to certain conditions, natural or legal persons who obtain or produce the product in question are entitled to apply for registration (Article 5.1 of Regulation (EEC) 2081/92).

The authorities competent to recognize a new geographical indication are: - For wines and spirit drinks, the corresponding authority of the Autonomous Community concerned, where there is only one, or the National Ministry of Agriculture, Fisheries and Food, where more than one Autonomous Community is involved; - For other agri-food products, the Commission of the European Union.

See the reply to question 17 above.

[Answer 17: With regard to the procedure for applying for the recognition of a geographical indication, there are two possibilities: - for wines and spirit drinks, it is the producers and/or processors themselves who must apply to the appropriate public authority (autonomous or central, depending on whether the demarcation area of the geographical indication lies in only one or more than one Autonomous Community) (Article 84.1 of Law 25/1970), although it is possible for the authority to act ex officio (Article 85 of Law 25/1970); - for other agri-food products, only groups of producers and/or processors or, subject to certain conditions, natural or legal persons who obtain or produce the product in question are entitled to apply for registration (Article 5.1 of Regulation (EEC) 2081/92).]

No fees of any kind are involved.

The criteria which must be set out in an application for recognition of a geographical indication are not purely geographical in nature. They include the following: the agronomic characteristics of the geographical area (climate, uniformity and fertility of the soil, homogeneity of the cultivation conditions, varieties or breeds), the uniformity of the analytical and organoleptic characteristics of the product originating in the area in question, the technical skill of the makers or processors and their observance of the traditional practices which have given the product its originality, and their location, marketing conditions and level of recognition and reputation in the market. For further details see the reply to question 10 above.

[Answer 10: A geographical indication, within the typology described above, is only recognized if it satisfies the corresponding definition. Furthermore, in the case of: Quality wines psr Although each member State follows its own criteria, there are certain minimum criteria laid down at Community level (Article 2 of Regulation (EEC) 823/87). These are mandatory and define the following parameters: - demarcation of the area of production; - vine varieties; - cultivation methods; - wine-making methods; - minimum natural alcoholic strength by volume; - yield per hectare; - analysis and assessment of organoleptic characteristics. Agri-food products (other than wines and spirit drinks) The parameters which, as a minimum, the Community requires to be defined are laid down in Article 4.2 of Regulation (EEC) 2081/92 which is reproduced in the reply to question 23 below.]

See the reply to question 21 above.

[Answer 21: The criteria which must be set out in an application for recognition of a geographical indication are not purely geographical in nature. They include the following: the agronomic characteristics of the geographical area (climate, uniformity and fertility of the soil, homogeneity of the cultivation conditions, varieties or breeds), the uniformity of the analytical and organoleptic characteristics of the product originating in the area in question, the technical skill of the makers or processors and their observance of the traditional practices which have given the product its originality, and their location, marketing conditions and level of recognition and reputation in the market. For further details see the reply to question 10 above.]

In general, the information which must be supplied in an application for recognition of a geographical indication is: - For wines and spirit drinks, the official letter of application signed by the group of producers and/or processors or interested individuals accompanied by a statement showing that the requirements necessary to obtain a DO or DE have been met in so far as the definition is satisfied and on the basis of the criteria set out in the reply to question 10 above; - For other agri-food products, the member State shall transmit to the Commission of the EU a product specification drawn up by the applicants and endorsed by the Government, together with all the documentation on which the decision to submit the application is based. In accordance with the provisions of Article 4.2 of Regulation (EEC) 2081/92, this product specification shall include at least: (a) The name of the agricultural product or foodstuff, including the designation of origin or the geographical indication; (b) a description of the agricultural product or foodstuff, including the raw materials, if appropriate, and principal physical, chemical, microbiological and/or organoleptic characteristics of the product or the foodstuff; (c) the definition of the geographical area and, if appropriate, details indicating compliance with the requirements in Article 2(4); (d) evidence that the agricultural product or the foodstuff originates in the geographical area, within the meaning of Article 2(2)(a) or (b), whichever is applicable; (e) a description of the method of obtaining the agricultural product or foodstuff and, if appropriate, the authentic and unvarying local methods; (f) the details bearing out the link with the geographical environment or the geographical origin within the meaning of Article 2(2)(a) or (b), whichever is applicable; (g) details of the inspection structures provided for in Article 10; (h) the specific labelling details relating to the indication PDO or PGI, whichever is applicable, or the equivalent traditional national indications; (i) any requirements laid down by Community and/or national provisions.

Yes, a geographical indication must always be linked with a specific product.

When a new geographical indication is approved and, accordingly, published in the corresponding Official Journal (of the Autonomous Community or the State), any natural or legal person may oppose its recognition by appealing against the administrative decision. The competent administrative body will then examine the grounds for the appeal and give a ruling. The grounds for opposing recognition may be, for example, that the criteria set out in the reply to question 10 above are not fulfilled or that someone's legitimate interests have been injured. In the case of agri-food products other than wines or spirit drinks, in addition to the procedure described, when the new geographical indication is submitted to the EU, a period of six months from the date of publication of the registration application by the Commission shall be allowed (Article 7 of Regulation (EEC) 2081/92) during which any other member State may object to the registration, either ex officio or by transmitting the objection of any legitimately concerned natural or legal person established in that State. If the Commission admits the objection, the two States have three months in which to reach agreement; if no agreement is reached, it is the Commission that decides.

See the reply to question 25 above.

[Answer 25: When a new geographical indication is approved and, accordingly, published in the corresponding Official Journal (of the Autonomous Community or the State), any natural or legal person may oppose its recognition by appealing against the administrative decision. The competent administrative body will then examine the grounds for the appeal and give a ruling. The grounds for opposing recognition may be, for example, that the criteria set out in the reply to question 10 above are not fulfilled or that someone's legitimate interests have been injured. In the case of agri-food products other than wines or spirit drinks, in addition to the procedure described, when the new geographical indication is submitted to the EU, a period of six months from the date of publication of the registration application by the Commission shall be allowed (Article 7 of Regulation (EEC) 2081/92) during which any other member State may object to the registration, either ex officio or by transmitting the objection of any legitimately concerned natural or legal person established in that State. If the Commission admits the objection, the two States have three months in which to reach agreement; if no agreement is reached, it is the Commission that decides.]

The following reply is based on the understanding that the possibility of recognition of a third-country geographical indication refers to the possibility of "participating in the domestic regime by means of a positive recognition (positive list)". Therefore, it does not relate to protection within the meaning of the TRIPS Agreement (in this connection, see the replies to questions 4 and 15 above). Thus, the procedure for the recognition of geographical indications of foreign countries depends on the country and the product: - if it is a member country of the EU and it is a question of wines or spirit drinks, once the State concerned publishes the approval of the geographical indication, it is automatically recognized and protected throughout the Community; - if it is a member country of the EU and it is a question of other agri-food products, the member State must apply to the Commission for its inclusion in the EU's "Register of protected designations of origin and protected geographical indications"; - if it is not a member country of the EU, the procedure is to exchange lists of the names it is desired to protect, within the framework of the corresponding bilateral agreement (between States prior to Spain's admission to the EU and between the latter and third countries since then). Moreover, for the agri-food products (other than wines and spirit drinks) of EU third countries, their geographical indications may also be recognized under the procedure described in the second indent, provided that the conditions of Article 12 of Regulation (EEC) 2081/92 are fulfilled.

Recognition for a geographical indication continues indefinitely.

Recognition of a geographical indication does not have to be renewed or reaffirmed, so there are no fees to be paid.

A geographical indication does not have to be used in order to maintain rights. However, all those Spain currently recognizes are in fact being used.

There is no such limit.

For quality wines psr, spirit drinks with a DE and the DOs and DEs of other agri-food products there is in each case a Regulatory Authority ("Consejo Regulador") responsible, among other things, for monitoring compliance with the corresponding regulations (which, obviously, include "the criteria identified in the application"). "Vinos de la tierra" and spirit drinks with geographical designations are monitored by the general government supervisory bodies.

The regulatory authorities have suitably trained inspectors ("veedores") for carrying out the above-mentioned monitoring duties. There are also inspectors (civil servants) for supervising the geographical indications for which there is no regulatory authority.

For wines and spirit drinks, there are no means of terminating a geographical indication once it has been recognized. However, for other agri-food products there is the possibility of the Commission cancelling the registration in response to a complaint from a member State that a condition laid down in the corresponding "product specification" has not been met (Article 11 of Regulation 2081/92).

See the reply to question 34 above.

[Answer 34: For wines and spirit drinks, there are no means of terminating a geographical indication once it has been recognized. However, for other agri-food products there is the possibility of the Commission cancelling the registration in response to a complaint from a member State that a condition laid down in the corresponding "product specification" has not been met (Article 11 of Regulation 2081/92).]

The situation differs according to the type of product: - For quality wines psr, spirit drinks with a DE and the DOs and DEs of other agri-food products, recognition of the new designation is not sufficient for a producer or processor to start using it, even if his product meets the required criteria. The interested party must first register with his regulatory authority and then, batch by batch, the products for which permission to display the designation is being requested must pass various tests based on chemical and organoleptic analyses; - For spirit drinks with geographical designations, the interested party must first register them in a register maintained for the purpose by competent government service; - For "vinos de la tierra", recognition of the new geographical name is sufficient to start using it, provided the corresponding criteria are met.

A recognized geographical indication may be used freely by those entitled to it (see reply to previous question).

No fees are paid for receiving authorization to use a geographical indication. However, if there is a regulatory authority, those registered with it are required to pay certain parafiscal charges intended for its maintenance (Article 90 of Law 25/1970), namely: (a) A percentage (maximum 1 per cent) of the product of the number of hectares registered in the name of each interested party and the average value in pesetas of the yield of one hectare for the area and the previous season; (b) a percentage (maximum 1.5 per cent) of the value obtained by multiplying the average unit price of the protected product by the volume sold; (c) as a maximum, 100 pesetas for each certificate or invoice and twice the cost price for each seal.

Disputes regarding the use of a recognized geographical indication are settled, in the first instance, within the regulatory authority (if it is a designation of a kind for which there is such an authority, see reply to question 38 above), from which it may be referred to the competent body (administrative and/or judicial) of the corresponding Autonomous Community (or the State if more than one Autonomous Community is involved).

In principle, the use of a recognized geographical indication by the producers or processors entitled thereto is voluntary, but there are DO regulations which stipulate that an entry in a regulatory authority register loses that status if a certain time elapses without the corresponding designation being used.

The interested party could appeal the decision to the appropriate higher body, administrative or judicial.

The protected geographical indication regime makes no provision for "licensing". The requirements that must be met for a producer and/or processor to be able to use a geographical indication are set out in the reply to question 36 above.

[Answer 36: The situation differs according to the type of product: - For quality wines psr, spirit drinks with a DE and the DOs and DEs of other agri-food products, recognition of the new designation is not sufficient for a producer or processor to start using it, even if his product meets the required criteria. The interested party must first register with his regulatory authority and then, batch by batch, the products for which permission to display the designation is being requested must pass various tests based on chemical and organoleptic analyses; - For spirit drinks with geographical designations, the interested party must first register them in a register maintained for the purpose by competent government service; - For "vinos de la tierra", recognition of the new geographical name is sufficient to start using it, provided the corresponding criteria are met.]

"Grandfathered use" does not exist in Spain.

The relationship between geographical indications and trademarks is established at EU level by means of the following instruments: - Directive 89/104/EEC to approximate the laws of the member States relating to trademarks prohibits the registration of trademarks consisting exclusively of geographical indications (Article 3.c) or which are of such a nature as to deceive the public as to the geographical origin of the product (Article 3.g); - Regulation (EEC) 3288/94 amending Regulation (EC) 40/94 on the Community trademark which in its Article 7 establishes that the Alicante Harmonization Office shall refuse any application for a trademark which: (1) consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods; or (2) for wines, contains or consists of a geographical indication identifying wines or, for spirits, contains or consists of a geographical indication identifying spirits with respect to such wines or spirits not having that origin. Under Article 51 of the Regulation mentioned, third parties may initiate an invalidation proceeding against a trademark already registered with the Alicante Harmonization Office. - Article 40.3 of Regulation (EEC) 2392/89 and Article 13.3 of Regulation (EEC) 2333/92, which (the latter) lay down general rules for the description and presentation of sparkling wines, preserve the right to a brand name for a wine which contains the name of a specified region if that brand name corresponds to the identity of an original holder, provided that the brand name was registered at least 25 years before the official recognition of the geographical name in question and the brand name has actually been used without interruption. - Article 14 of Regulation (EEC) 2081/92 stipulates that: - A geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; - When a geographical indication has been registered, a trademark which attempts to evoke or misuse it shall be refused; - Use of a trademark which evokes a geographical indication and which was registered before that geographical indication may continue if the trademark was registered in good faith and complies with the corresponding provisions of Directive 89/104/EEC. In the Spanish legislation, Article 84.2 of Law 26/1970 stipulates that before a new DO or DE is approved, a report must be requested from the Registry of Industrial Property and the Company Register and this report must be favourable. In the event of a conflict due to the existence of a trademark with the same name, negotiations must be arranged with the holder.

See the reply to the previous question.

[Answer 44: The relationship between geographical indications and trademarks is established at EU level by means of the following instruments: - Directive 89/104/EEC to approximate the laws of the member States relating to trademarks prohibits the registration of trademarks consisting exclusively of geographical indications (Article 3.c) or which are of such a nature as to deceive the public as to the geographical origin of the product (Article 3.g); - Regulation (EEC) 3288/94 amending Regulation (EC) 40/94 on the Community trademark which in its Article 7 establishes that the Alicante Harmonization Office shall refuse any application for a trademark which: (1) consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods; or (2) for wines, contains or consists of a geographical indication identifying wines or, for spirits, contains or consists of a geographical indication identifying spirits with respect to such wines or spirits not having that origin. Under Article 51 of the Regulation mentioned, third parties may initiate an invalidation proceeding against a trademark already registered with the Alicante Harmonization Office. - Article 40.3 of Regulation (EEC) 2392/89 and Article 13.3 of Regulation (EEC) 2333/92, which (the latter) lay down general rules for the description and presentation of sparkling wines, preserve the right to a brand name for a wine which contains the name of a specified region if that brand name corresponds to the identity of an original holder, provided that the brand name was registered at least 25 years before the official recognition of the geographical name in question and the brand name has actually been used without interruption. - Article 14 of Regulation (EEC) 2081/92 stipulates that: - A geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; - When a geographical indication has been registered, a trademark which attempts to evoke or misuse it shall be refused; - Use of a trademark which evokes a geographical indication and which was registered before that geographical indication may continue if the trademark was registered in good faith and complies with the corresponding provisions of Directive 89/104/EEC. In the Spanish legislation, Article 84.2 of Law 26/1970 stipulates that before a new DO or DE is approved, a report must be requested from the Registry of Industrial Property and the Company Register and this report must be favourable. In the event of a conflict due to the existence of a trademark with the same name, negotiations must be arranged with the holder]

If there is a conflict between a geographical indication and a trademark, the following procedure applies: - if the trademark has priority, negotiations with the holder (see reply to question 44 above); - if the protected geographical indication already exists when an attempt is made to register the trademark, the regulatory authority for the designation or the competent government service shall ex officio raise an objection to its registration with the Spanish Patents and Trademarks Office (Article 83.4 of Law 25/1970). See also the reply to question 44 above.

[Answer 44: The relationship between geographical indications and trademarks is established at EU level by means of the following instruments: - Directive 89/104/EEC to approximate the laws of the member States relating to trademarks prohibits the registration of trademarks consisting exclusively of geographical indications (Article 3.c) or which are of such a nature as to deceive the public as to the geographical origin of the product (Article 3.g); - Regulation (EEC) 3288/94 amending Regulation (EC) 40/94 on the Community trademark which in its Article 7 establishes that the Alicante Harmonization Office shall refuse any application for a trademark which: (1) consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods; or (2) for wines, contains or consists of a geographical indication identifying wines or, for spirits, contains or consists of a geographical indication identifying spirits with respect to such wines or spirits not having that origin. Under Article 51 of the Regulation mentioned, third parties may initiate an invalidation proceeding against a trademark already registered with the Alicante Harmonization Office. - Article 40.3 of Regulation (EEC) 2392/89 and Article 13.3 of Regulation (EEC) 2333/92, which (the latter) lay down general rules for the description and presentation of sparkling wines, preserve the right to a brand name for a wine which contains the name of a specified region if that brand name corresponds to the identity of an original holder, provided that the brand name was registered at least 25 years before the official recognition of the geographical name in question and the brand name has actually been used without interruption. - Article 14 of Regulation (EEC) 2081/92 stipulates that: - A geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; - When a geographical indication has been registered, a trademark which attempts to evoke or misuse it shall be refused; - Use of a trademark which evokes a geographical indication and which was registered before that geographical indication may continue if the trademark was registered in good faith and complies with the corresponding provisions of Directive 89/104/EEC. In the Spanish legislation, Article 84.2 of Law 26/1970 stipulates that before a new DO or DE is approved, a report must be requested from the Registry of Industrial Property and the Company Register and this report must be favourable. In the event of a conflict due to the existence of a trademark with the same name, negotiations must be arranged with the holder]

See the reply to question 44 under I above.

[Answer 44: The relationship between geographical indications and trademarks is established at EU level by means of the following instruments: - Directive 89/104/EEC to approximate the laws of the member States relating to trademarks prohibits the registration of trademarks consisting exclusively of geographical indications (Article 3.c) or which are of such a nature as to deceive the public as to the geographical origin of the product (Article 3.g); - Regulation (EEC) 3288/94 amending Regulation (EC) 40/94 on the Community trademark which in its Article 7 establishes that the Alicante Harmonization Office shall refuse any application for a trademark which: (1) consists exclusively of an indication which may serve, in trade, to designate the geographical origin of goods; or (2) for wines, contains or consists of a geographical indication identifying wines or, for spirits, contains or consists of a geographical indication identifying spirits with respect to such wines or spirits not having that origin. Under Article 51 of the Regulation mentioned, third parties may initiate an invalidation proceeding against a trademark already registered with the Alicante Harmonization Office. - Article 40.3 of Regulation (EEC) 2392/89 and Article 13.3 of Regulation (EEC) 2333/92, which (the latter) lay down general rules for the description and presentation of sparkling wines, preserve the right to a brand name for a wine which contains the name of a specified region if that brand name corresponds to the identity of an original holder, provided that the brand name was registered at least 25 years before the official recognition of the geographical name in question and the brand name has actually been used without interruption. - Article 14 of Regulation (EEC) 2081/92 stipulates that: - A geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; - When a geographical indication has been registered, a trademark which attempts to evoke or misuse it shall be refused; - Use of a trademark which evokes a geographical indication and which was registered before that geographical indication may continue if the trademark was registered in good faith and complies with the corresponding provisions of Directive 89/104/EEC. In the Spanish legislation, Article 84.2 of Law 26/1970 stipulates that before a new DO or DE is approved, a report must be requested from the Registry of Industrial Property and the Company Register and this report must be favourable. In the event of a conflict due to the existence of a trademark with the same name, negotiations must be arranged with the holder.]

Preventing the unlawful use of geographical indications is the same as preventing unfair competition, so that the reply to question 4 above is equally applicable here. It might be added that Article 13(c) of Law 32/1988 on Trademarks states that "signs or media which involve the unlawful exploitation of the reputation of other registered signs or media" may not be registered as trademarks. Is a copy required?

See the reply to question 32 above.

[Answer 32: For quality wines psr, spirit drinks with a DE and the DOs and DEs of other agri-food products there is in each case a Regulatory Authority ("Consejo Regulador") responsible, among other things, for monitoring compliance with the corresponding regulations (which, obviously, include "the criteria identified in the application"). "Vinos de la tierra" and spirit drinks with geographical designations are monitored by the general government supervisory bodies.]

In respect, the regulatory authorities and the government services responsible for monitoring compliance with the regulations on protected geographical indications always act in the exercise of their powers and, accordingly, there is no need to pay anything to initiate their action.

The obligation to publish the list of protected geographical indications periodically is not regulated at national level. However, they have all been published, both the approval and the corresponding Regulation, in the Official Journal of the Autonomous Community concerned and subsequently in that of the State, and the Government will provide any interested party with an up-to-date list of names. At Community level, an up-to-date list of quality wines psr (Article 1 of Regulation (EEC) 823/87 and "vinos de la tierra" of all the Member States (Article 11.1 of Regulation (EEC) 3201/90) must be published, with an unspecified frequency, in the C series of the Official Journal of the European Communities. As for the DEs and GDs of spirit drinks, they are listed in Annex II of Regulation (EEC) 1576/89. However, the updating of this list is a slow and difficult process since it involves the amendment of a Council Regulation. The names of other agri-food products are published in the OJEC and subsequently (if there have been no objections within six months of publication) entered in the "Register of protected designations of origin and protected geographical indications" kept by the EU Commission (paragraphs 2 and 3 of Article 6 of Regulation (EEC) 2081/92).

The unauthorized use of a geographical indication is identified as a criminal offence in Article 275 of the current Penal Code (Organic Law 10/1995): "Anyone who deliberately and without authorization uses, in trade, a designation of origin or a geographical indication representative of a protected quality legally protected in order to distinguish the products covered, being aware of the existence of the said protection, shall be liable to six months to two years imprisonment and a fine of six to twenty-four months ...". If these offences "are especially serious, taking into account the value of the objects produced or the severity of the injury caused" (Article 276 of the Penal Code), they may lead to a prison term of "from two to four years, a fine of from eight to twenty-four months, and special disqualification from the pursuit of the trade related with the offence committed for a period of from two to five years". In addition, the judge may order the "temporary (for not more than five years) or permanent closure of the business or establishment of the person convicted". Is the text required?

Yes, the EU has signed various bilateral agreements on wines (Australia, Hungary, Bulgaria, Romania) and spirits (United States, Mexico). Other international agreements: - Paris Convention of 20 March 1883 for the protection of industrial property; - Madrid Agreement of 14 April 1891 for the Repression of False or Deceptive Indications of Sources on Goods of Origin.

Yes, the EU has signed various bilateral agreements on wines (Australia, Hungary, Bulgaria, Romania) and spirits (United States, Mexico). Other international agreements: - Paris Convention of 20 March 1883 for the protection of industrial property; - Madrid Agreement of 14 April 1891 for the Repression of False or Deceptive Indications of Sources on Goods of Origin.