Geographical Indicators for Grapes
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An Analysis on Right Boundary of Geographical Indications Zhang Keyi1
Advances in Social Science, Education and Humanities Research, volume 451 Proceedings of the 2020 5th International Conference on Humanities Science and Society Development (ICHSSD 2020) An Analysis on Right Boundary of Geographical Indications Zhang Keyi1 1 School of Economic Law, Northwest University of Political Science and Law, Xi'an, Shaanxi, 710122, China ABSTRACT Defining the boundary of the right of geographical indications is an important prerequisite for protecting geographical indication. The right of geographical indications cannot be separated from natural and human factors. The attributes of public property and non-exclusivity determine the validity scope of the right of geographical indications. Descriptive fair use is a special exception to the protection of the geographical indication. The conflict and coordination with the trademark right determine the rank relation between the geographical indication right and the external right system. The above three categories jointly define the boundary of the right of geographical indications. Keywords: geographical indication; public property; right boundary; trademark elements of the right of geographical indication cannot be separated from the natural and human factors. 1. PREFACE From the perspective of real life, it is not difficult to understand these two elements. The reason why Jinhua Geographical indications are a new type and a special part ham can be a national geographic indication of China's of intellectual property protection system. It is not only a products is that firstly, Jinhua has short spring, short sign of quality and credibility, but also the embodiment of autumn, and hot natural conditions in summer; secondly, the rights and interests of international trade and economic the people of Jinhua master the local special curing cooperation. -
Quibbling Siblings: Conflicts Between Trademarks and Geographical Indications
University of Arkansas ∙ System Division of Agriculture [email protected] ∙ (479) 575-7646 An Agricultural Law Research Article Quibbling Siblings: Conflicts between Trademarks and Geographical Indications by Dev Gangjee Originally published in CHICAGO-KENT LAW REVIEW 82 CHI.-KENT L. REV. 1253 (2007) www.NationalAgLawCenter.org QUIBBLING SIBLINGS: CONFLICTS BETWEEN TRADEMARKS AND GEOGRAPHICAL INDICAnONS DEY GANGJEE* INTRODUCTION The relationship between trademarks and geographical indications ("GIs") has historically been tempestuous. Each of these quibbling siblings, members of the broader family of unfair competition law, entitles regis trants to the exclusive use of a sign. So what happens when a GI collective and a trademark proprietor lay claim to the same sign within a single juris diction? In the spirit of this conference-accommodating and reconciling differences between national laws-this paper explores a newly emerging space, which just may be big enough for the both of them. The analysis is prompted by a recent World Trade Organization ("WTO") Panel Reportl which identifies the legal foundations for cohabitation. The Report coin cides with doctrinal developments at the national and regional level which initially identified this zone of compromise: the geographical "descriptive use" defense in trademark law. Coexistence is significant as it alters the dynamic of a venerable conflict between trademark and GI regimes, which has been locked in the language of trumps for several decades. Accord ingly, this paper introduces the players and describes the game of one upmanship prior to this development in Part I; outlines the WTO decision in Part II; and then draws parallels with doctrinal developments in the EU and U.S. -
Chilean Syrah from a Standing Start, Syrah Has Made It to Number Six in Chile’S Wine Pop Charts in Less Than 20 Years
PANEL TASTING Chilean Syrah From a standing start, Syrah has made it to number six in Chile’s wine pop charts in less than 20 years. And this could be just the beginning, says Peter Richards MW The sTory of syrah in Chile is not a straightforward one. It’s a tale still in the telling, with a murky past, highs and lows, capped by an uncertain future trajectory. This makes it intriguing, especially given that for some time it has been generating a good deal of excitement among wine lovers in the know. The key thing is that there are many – from drinkers to producers and wine critics alike – who hope that this is one saga with a happy ending. The history of syrah in Chile is a matter of debate. records suggest it may have arrived as early as the first half of the 19th century, in the Quinta Normal nursery project in santiago. Its commercial origins in the country, however, are most commonly attributed to Alejandro Dussaillant, a french immigrant who arrived in Chile in 1874 and planted vineyards in the Curicó region which included ‘gross syrah’. (Though this could equally have been the aromatic savoie variety Mondeuse Noire, which goes under this epithet and, according to Wine Grapes, is a close relative of syrah.) either way, by the early 1990s there was scant trace of syrah in Chile, the theory being that, even if it had been there, it was lost in the agrarian reforms of the 1970s. This started to change in the mid-1990s. -
The Sensory Space of Wines: from Concept to Evaluation and Description
foods Review The Sensory Space of Wines: From Concept to Evaluation and Description. A Review Jean-Christophe Barbe * , Justine Garbay and Sophie Tempère Unité de Recherche Œnologie, ISVV, Université de Bordeaux, EA 4577, USC 1366 INRAE, F33882 Villenave d’Ornon, France; [email protected] (J.G.); [email protected] (S.T.) * Correspondence: [email protected] Abstract: The concept of sensory space was first formulated over 25 years ago and has been widely adopted in oenology for around the last 15 years. It is based on both the common organoleptic characteristics of products and the mental representations built by specific groups of people. Explor- ing this concept involves first assessing whether it already exists for tasters, and, when this is the case, conducting perceptual evaluations to verify its effectiveness before potentially highlighting the associated sensory properties. The goal of this review, which focuses on applications linked to the field of oenology, is to study how these three steps are carried out, how the corresponding tasks and tests are performed and managed, and the type of results that can be obtained. Keywords: sensory characterization; sensory space; descriptive sensory analysis; concept evalua- tion; wine 1. Introduction Citation: Barbe, J.-C.; Garbay, J.; Tempère, S. The Sensory Space of From the beginning of the 19th century to the mid-20th century, wine tasting was Wines: From Concept to Evaluation epitomized by a poor vocabulary that mainly focused on the visual aspect and mouthfeel. In and Description. A Review. Foods 1952, Maynard A. Amerine introduced the aromatic evaluation of wine with his Californian 2021, 10, 1424. -
Viña Marty Pacha Cabernet Sauvignon Reserva
VIÑA MARTY PACHA CABERNET SAUVIGNON RESERVA TECHNICAL INFORMATION Country Chile Region Central Valley Sub-Region Colchagua Producer Viña Marty Vintage 2019 Composition 100% Cabernet Sauvignon Alcohol 13.5% Certifications Environmentally Friendly, Sustainable Press & Awards 91 points James Suckling Winemaker Notes Pacha in local language means “Earth” or “World”, a concept closely related to nature and our interaction with it, often referred as the Pacha Mama (Mother Earth). Our grapes grow right in front of the Andes mountain range. These exceptional landscapes and strong nature give our wines great vitality and energy. We aim to transfer this character creating a beautiful connection between origins of grapes and the wine in your glass. Pacha wines are created with passion and excellence, with a distinctive character that makes them unique. They are a perfect balance between old French tradition, soil’s typicity and new world styles. Tasting Notes Color: Deep ruby red with violet highlights Nose: It has classic Cab aromas and flavors of ripe black cherry and distinctive, unmistakable pepper aromas, but, with Chilean flair, carrying notes of warm, freshly turned earth and spice. Palate: An incredibly full-bodied and fruit forward wine, with perfectly balanced acidity and beautiful structure; it is ready to drink now or perfectly suitable for cellaring. Notes of violets and ripe black cherry hit your palate first, followed by a lingering finish of peppery notes with a touch of baking spice. Vineyard D.O.: Central Valley It is the heartland of the Chilean wine industry that holds all of Chile's major producers, wine regions, and vineyards. -
Geographical Indications and Property Rights: Protecting Value-Added Agricultural Products
Geographical Indications and Property Rights: Protecting Value-Added Agricultural Products Bruce A. Babcock and Roxanne Clemens MATRIC Briefing Paper 04-MBP 7 May 2004 Midwest Agribusiness Trade Research and Information Center Iowa State University Ames, Iowa 50011-1070 www.matric.iastate.edu Bruce Babcock is director of the Center for Agricultural and Rural Development, executive direc- tor of the Midwest Agribusiness Trade Research and Information Center (MATRIC), and professor of economics, Iowa State University. Roxanne Clemens is managing director of MATRIC. For questions or comments about the contents of this paper, please contact Roxanne Clemens, 568F Heady Hall, Iowa State University, Ames, IA 50011-1070; Ph: 515-294-8842; Fax: 515-294- 6336; E-mail: [email protected]. MATRIC is supported by the Cooperative State Research, Education, and Extension Service, U.S. Department of Agriculture, under Agreement No. 92-34285-7175. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the authors and do not necessarily reflect the view of the U.S. Department of Agriculture. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). -
Act, 1999 ______Arrangement of Sections ______Chapter I Preliminary Sections 1
THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 ______________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions and interpretation. CHAPTER II THE REGISTER AND CONDITIONS FOR REGISTRATION 3. Registrar of Geographical Indications. 4. Power of Registrar to withdraw or transfer cases, etc. 5. Geographical Indications Registry and offices thereof. 6. Register of Geographical Indications. 7. Part A and Part B of the register. 8. Registration to be in respect of particular goods and area. 9. Prohibition of registration of certain geographical indications. 10. Registration of homonymous geographical indications. CHAPTER III PROCEDURE FOR AND DURATION OF REGISTRATION 11. Application for registration. 12. Withdrawal of acceptance. 13. Advertisement of application. 14. Opposition to registration. 15. Correction and amendment. 16. Registration. 17. Application for registration as authorised user. 18. Duration, renewal, removal and restoration of registration. 19. Effect of removal from register for failure to pay fee for renewal. CHAPTER IV EFFECT OF REGISTRATION 20. No action for infringement of unregistered geographical indication. 21. Rights conferred by registration. 22. Infringement or registered geographical indications. 23. Registration to be prima facie evidence of validity. 24. Prohibition of assignment or transmission, etc. 1 CHAPTER V SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERS SECTIONS 25. Prohibition of registration of geographical indication as trade mark. 26. Protection to certain trade marks. CHAPTER VI RECTIFICATION AND CORRECTION OF THE REGISTER 27. Power to cancel or vary registration and to rectify the register. 28. Correction of register. 29. Alteration of registered geographical indications. 30. Adaptation of entries in register to amend or substitute classification of goods. -
Patent Cooperation Treaty and Regulations Under the PCT
Appendix T Patent Cooperation Treaty and Regulations Under the PCT Article 24 Possible Loss of Effect in Designated States Done at Washington on June 19, 1970, amended Article 25 Review by Designated Of®ces on September 28, 1979, modi®ed on February 3, Article 26 Opportunity to Correct Before 1984, and October 3, 2001 (as in force from April Designated Of®ces 1, 2002) Article 27 National Requirements Article 28 Amendment of the Claims, the TABLE OF CONTENTS 1 Description, and the Drawings, Before Designated Of®ces Article 29 Effects of the International Publication : Introductory Provisions Article 30 Con®dential Nature of the International Article 1 Establishment of a Union Application Article 2 De®nitions CHAPTER II: International Preliminary CHAPTER I: International Application and Examination International Search Article 31 Demand for International Preliminary Article 3 The International Application Examination Article 4 The Request Article 32 The International Preliminary Article 5 The Description Examining Authority Article 6 The Claims Article 33 The International Preliminary Article 7 The Drawings Examination Article 8 Claiming Priority Article 34 Procedure Before the International Article 9 The Applicant Preliminary Examining Authority Article 10 The Receiving Of®ce Article 35 The International Preliminary Article 11 Filing Date and Effects of the Examination Report International Application Article 36 Transmittal, Translation, and Article 12 Transmittal of the International Communication, of the International Application to the -
Patents I Designs I Trademarks Geographical Indications
Patents I Designs I Trademarks Geographical Indications CONTENTS A. About the Initiative Cluster Selected for 2013 Methodology B. Objectives C. Place & Venue D. Annexures ANNEXURE I ----- Detailed Programme ANNEXURE II ----- Speaker(s) Profile ANNEXURE III ----- List of Registered Participants ANNEXURE IV ----- Feedback ANNEXURE V ----- Glimpse of Events ANNEXURE VI ----- About Organisers Cluster level IP Awareness program An initiative of the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) in association with Industry Associations (CII, FICCI, ASSOCHAM) A. About the Initiative Background: In the globally competitive environment, intellectual property has placed itself on a pedestal in the context of economic growth and has become more important than ever. Intellectual Property is the fuel that powers the engine of prosperity, fostering invention and innovation. Being an intangible asset, Intellectual Property plays a very important role in the socio- economic ecosystem and their creation and protection is essential for the sustained growth of a nation. Increasing significance of intangible assets in the global economy is forcing business organizations to actively manage the role of IP as a key driver for building and sustaining their competitive advantage and achieving superior performance. Intellectual Property Rights (IPRs) are exclusive rights over such intellectual property granted to creators / holders which protect their rights from misappropriation by third parties without their authorization. They are now not only being used as a tool to protect creativity and generate revenue but also to build strategic alliances for socio-economic and technological growth. Accordingly, in order to foster the protection of innovations and creativity, the Intellectual Property Office under the Ministry of Commerce and Industry is dedicated to mobilize the use of such technological advancement for the economic development of the country. -
Austrian Wine Report
ANNEX 5 REPORT: PRODUCTION AND CONTROL OF WINE IN AUSTRIA Lehr- und Forschungszentrum für Wein- und Obstbau (Education and Research Institute for Viticulture and Pomology) A-3400 Klosterneuburg Wiener Strasse 74 written by HR Dr. Reinhard EDER [email protected] Klosterneuburg, September 2010 Wine country Austria Austria is a small wine country with around 50.000 hectares (ha) of viticulture, which account for around 1 % of vineyards in Europe (5.5 million hectare) respectively 0.7 % of the vineyard area of the world (7.4 million ha). From these vineyards around 250 million litre of wine are produced annually, which correspond to around 1.3 % of wine production in Europe and around 1 % of the world wide production of wine. Interestingly the consumption of wine in Austria is equal to the production of wine, nevertheless around 80 million litre of mainly red wine are imported and around 80 million litres, mainly white wine, are exported. The biggest wine importing countries are Italy (around 60 %), Spain (around 15 %), new world countries (Australia, Chile ... around 10 %), France (around 5 %) and others. The most important export markets are Germany (around 50 %), Scandinavian countries (Norway, Sweden ... around 10 %), USA (around 10 %), eastern European countries (Russia, Czech Republic ... around 10 %) and others like Japan, Great Britain and Switzerland. The wine consumption per head is quite stable over the years and lays around 30 litre per year. Contrary to the amount the place of wine consumption has changed within the last years strongly with an increase of consumption at home (around 45 %) at the expense of outdoor consumption in restaurants, festivals, markets and so on (around 50 %). -
Sensory Characterisation and Consumer Perspectives of Australian Cabernet Sauvignon Wine Typicity
SENSORY CHARACTERISATION AND CONSUMER PERSPECTIVES OF AUSTRALIAN CABERNET SAUVIGNON WINE TYPICITY Lira Souza Gonzaga, Dimitra L. Capone, Susan E.P. Bastian and David W. Jeffery* Australian Research Council Training Centre for Innovative Wine Production, and School of Agriculture, Food and Wine, The University of Adelaide, Waite Campus, PMB 1, Glen Osmond, South Australia 5064, Australia *Corresponding author: [email protected] Abstract Aim: To identify the sensory attributes responsible for the typicity of Cabernet Sauvignon wines from three Australian Geographical Indications (GIs) and to explore consumer purchase behaviour and preference with regard to regional wines. Methods and Results: Descriptive analysis (DA) was applied to identify the sensory profiles of vintage 2015 Cabernet Sauvignon wines from Coonawarra (n = 24), Margaret River (n = 10), Yarra Valley (n = 13), and Bordeaux (n = 5). A trained panel (3 males and 7 females) rated 45 aroma, flavour, and mouthfeel attributes, of which 19 were found to be significantly different among the wine samples. Results from canonical variate analysis demonstrated that Bordeaux wines had a more distinct sensory profile compared to the Australian regions; within the Australian regions, wines from Margaret River had a closer profile to those from Yarra Valley than Coonawarra. Of the wines that underwent DA, two from each region were chosen for a study involving consumers (n = 112) that were divided into two groups. One group was informed of the regions prior to tasting each sample and the other group had no information about region. Consumers were surveyed about their wine purchase behaviour, knowledge of wine typicity, preference for the wines, and sensory profile of each wine using rate-all-that-apply methodology. -
Modelling Chablis Vintage Quality in Response to Inter- Annual Variation in Weather
Received: 11 May 2021 y Accepted: 12 July 2021 y Published: 31 August 2021 DOI:10.20870/oeno-one.2021.55.3.4709 Modelling Chablis vintage quality in response to inter- annual variation in weather Alex J. Biss1,* and Richard H. Ellis1 1 School of Agriculture, Policy and Development, University of Reading, Whiteknights, PO Box 237, Reading, RG6 6EU, United Kingdom *corresponding author: [email protected] Associate editor: Benjamin Bois ABSTRACT The weather during grape production affects wine quality. Changes in the weather in the Chablis region of France and in the quality of Chablis wines (vintage scores) from 1963 to 2018 were analysed. Chablis wine quality improved over this period, with no Poor vintages after 1991. Summer temperature and sunshine duration both increased progressively between 1963 to 2018 with fewer frost days but no linear change detected in precipitation. Chablis vintage score was modelled as a function of mean temperature from April to September (curvilinear relation, maximum score at 16–17 °C), mean minimum temperature in September (an index of cool nights; negative relation), and total rainfall from June to September (negative relation). This simple three-factor model distinguished between Poor and higher- quality Chablis vintages well, but less so between Good and Excellent vintages. Application of the model to different climate change scenarios (assuming current viticultural and oenological practices) suggests that vintage scores will decline (slightly to substantially, dependent upon emissions scenario) by the 2041 to 2070 period. This reduction in quality would, however, be minimised if the warming of cool nights is less than currently forecast.