Union européenne
Marques de fabrique ou de commerce
Follow-up question: Please explain whether Argentinean law permits the use of a certain geographical indication for wine which, although literally true as to the territory, region or locality within Argentina in which the wine is made, falsely represents to the public that the wine originates in another territory of identical name of another WTO Member in which the GI gained its original, prior reputation.
This question has already been answered under question 20 in the first set of questions from June 2001. There appears to be an element of confusion in the follow-up question, since on the one hand it includes points to which the TRIPS Agreement makes no reference, while curiously, on the other hand, no mention is made of Article 23.3 of the TRIPS Agreement, the Article which lays down specific requirements for the protection of homonymous geographical indications for wines, which are explicitly recognized by the Agreement.