ECJ – Judgement of 26.02.2008, Commission v. Germany, «Parmesan », C-132/05 – The Court lays down the extent of the protection granted to a registered designation of origin in response to its misuse
Keywords:
protected designations of origin, evocation, ex officio protection, generic designation.Abstract
Under the regulation concerning Community protection of designations of origin, products registered as a protected designation of origin are protected inter alia against ‘any misuse, imitation or evocation’. The Court first points out that it is not only the exact form in which a protected designation of origin has been registered which is protected under Community law. Second, it holds that, given the phonetic and visual similarity between the names in question, and the similar appearance of the products, use of the name ‘Parmesan’ must be regarded as an evocation of the protected designation of origin «Parmigiano Reggiano», which is protected by Community law against such an occurrence. Contrary to the Commission’s claim, a Member State is not obliged to take on its own initiative the measures required in order to penalise the infringement on its territory of PDOs from another Member State. The Court adds that the only inspection structures which are obliged to ensure compliance with protected designations of origin are those of the Member State from which the designation of origin in question originates. Responsibility for monitoring compliance with the specification for the protected designation of origin «Parmigiano Reggiano» does not therefore lie with the German inspection authorities.Downloads
Published
2008-08-08
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CASE LAW COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
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