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Scope of Protection of the Protected Geographical Indication ‘Aceto Balsamico Di Modena’: The Ghosts of the Past Return journal article

Barbara Klaus

European Food and Feed Law Review, Volume 14 (2019), Issue 2, Page 160 - 173

The Court of Justice of the European Union has been referred to by the German Federal Court (BGH) for a preliminary ruling on the following question on the interpretation of Article 1 of the Commission Regulation (EC) No 583/2009 of 3 July 2009 on entering a name in the register of protected designations of origin and protected geographical indications (Aceto Balsamico di Modena [PGI], OJ L 175, 4.7.2009, 7): Does the protection of the entire name ‘Aceto Balsamico di Modena’ extend to the use of the individual non-geographical components of the term as a whole (‘Aceto’, ‘Balsamico’, ‘Aceto Balsamico’)? This comment critically examines the questions submitted and the topics affected by them.

Protection of Geographic Indications and Designations of Origin in the Queso Manchego Case journal article

Fausto Capelli, Barbara Klaus

European Food and Feed Law Review, Volume 14 (2019), Issue 5, Page 453 - 458

Court of Justice of the European Union (CJEU) again decides on the extent of the scope of protection for geographical indications and designations of origin for agricultural products and foodstuffs and confirms that the ban of any misuse, imitation or evocation shall be interpreted very widely 1. Article 13(1)(b) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs must be interpreted as meaning that a registered name may be evoked through the use of figurative signs. 2. Article 13(1)(b) of Regulation No 510/2006 must be interpreted as meaning that the use of figurative signs evoking the geographical area with which a designation of origin, as referred to in Article 2(1)(a) of that regulation, is associated may constitute evocation of that designation, including where such figurative signs are used by a producer established in that region, but whose products, similar or comparable to those protected by the designation of origin, are not covered by it. 3. The concept of the average consumer who is reasonably well informed and reasonably observant and circumspect, to whose perception the national court has to refer in order to assess whether there is ‘evocation’ within the meaning of Article 13(1)(b) of Regulation No 510/2006, must be understood as covering European consumers, including consumers of the Member State in which the product giving rise to evocation of the protected name is made or with which that name is geographically associated and in which the product is mainly consumed.

Recent Developments in Italy in the Field of Food Supplements Containing Botanicals journal article

Barbara Klaus, Antonia Corini

European Food and Feed Law Review, Volume 10 (2015), Issue 4, Page 266 - 274

The use of health food aimed to integrate and “enrich” the diet with vitamins and minerals and/or other substances with a nutritional or physiological effect, including botanicals and preparations based on plants, algae, fungi or lichens, is continuously increasing. Unlike other jurisdictions (e.g., Canada), in the European Union and in the Member States no homogeneous legislation exists that specifically regulates food with health-functional effects on the basis of their components of plant origin. Rather, these foods are regulated, both at the European and National levels, by various regulations adopted, inter alia, over the past years. As a matter of fact, since a total harmonisation is missing, the Member States, with regard to non-harmonized aspects, are “free” to establish further rules on food supplements. The present article gives an overview of the Italian specific provisions, as well as their interpretation and application in the legal practise through Ministerial Guidelines and case law, concerning the use of food supplements containing botanicals and the indications that may be made with regard to their beneficial effects on human health.