Union européenne
Argentine
Marques de fabrique ou de commerce
Follow-up question: Please provide the definitions pertaining to the notions of IP, IG and DOC. Please explain the different fact patterns to which they apply. Please explain their differences, with particular regard to the difference between IP compared to those of IG and DOC.
Law No. 25.163, Article 3: Indication of source "The use of an indication of source is reserved exclusively for table wines or regional wines. The procedure for determining the geographical area of an indication of source, the conditions of use and the control of that sector of the regime are the exclusive responsibility of the implementing authority for this Law." Law No. 25.163, Article 4: Geographical indication "For the purposes of this Law, geographical indication (IG) is understood to mean: the name identifying a product as originating from a specific region, locality or area of production in the national territory that is no larger than a recognized province or interprovincial zone. A geographical indication is justified solely where a given quality and the characteristics of the product in question are essentially attributable to its geographical origin. In the above definition, 'product originating … ' is understood to mean a product processed and bottled in the specific geographical area, using grapes from Vitis vinífera L vines, where they have been entirely produced, harvested and bottled in the same area. In cases where the processing and/or bottling of the product is carried out in a geographical area different from that where the grapes are produced, the origin of the product shall be determined by reference to the name corresponding to the area of production of the grapes in conjunction with the name of the geographical area encompassing the production of the grapes and the processing and/or bottling of the product. In the case of bulk exports, the products concerned shall retain their designated classification. 'Geographical area': the area defined by overall boundaries based on administrative or historical boundaries. 'Area of production': the area comprising a plot of land or a set of plots, situated within a geographical area, which owing to the nature of their soil and their environmental situation are deemed suitable for the production of high-quality wines." Law No. 25.163, Article 13: Registered appellations of origin "For the purposes of this Law, a registered appellation of origin (DOC) is understood to mean the name which identifies a product originating from a specific region, locality or area of production in the national territory, the specific qualities or characteristics of which are exclusively or essentially due to the geographical environment, including natural factors and human factors. The following meanings are applicable to terms contained in the above definition: 'Product originating … ': the product obtained from grapes taken from vines of the Vitis vinífera L species, wholly produced in the specific area, processed and bottled in the same area, and explicitly certified as meeting these requirements by the implementing authority. 'Area of production': the area comprising of a plot of land or a set of plots situated within a geographical area, which owing to the nature of their soil and their environmental situation are deemed suitable for the production of high-quality wines. 'Geographical area': the area defined by overall boundaries based on administrative or historical boundaries." Indications of source (IP) are merely indications identifying the origin of the product, since no requirements are laid down in respect of "quality, reputation or other characteristics" essentially attributable to its geographical origin.