Author(s) Patrícia Maria Pais Leite
Advisor(s) Luís Couto Gonçalves
Synopsis This dissertation focuses on industrial property rights for wine products that embody the intangible heritage of this economic sector: designations of origin (DO) and geographical indications (GI), on one hand, and trademarks for wines, on the other hand. Because this is an issue of relevance in two areas of legal knowledge – the industrial property and the wine law -it is important to make an approach on DO and GI and on wine trademarks under both normative perspectives, aiming their integration and articulation. Therefore, after contextualize the wine DO and GI in the institutional organization of the wine sector and in the legal and regulatory framework (Part I), we will developed the concept and the legal nature of wine DO and GI, their functions and how they are protected in industrial property and wine law systems, at international, European and national level (Part II). It will then be appropriate to examine the wine trademarks in the European and national wine law as an indication on the label, followed by a study of the particularities of the registration of trademarks for wine products, as well as the obstacles and limitations on registration and use of trademarks with wine terms, as names of wine estates, place names or winegrowing subregions, traditional terms and names of wine grape varieties (Part III). Finally, we will address the problem of conflicts between wine DO and GI and trademarks, namely the protection regime of the first in relation to conflicting trademarks. We conclude with a very timely analysis of the articulation between industrial property and wine law, required to solve problems for decades at European and national level, within the legislative package published by the European Union at the end of 2015 (Part IV).
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