Alcance de la infracción de denominaciones de origen por «evocación» o por cualquier otra práctica que induzca a error acerca de la procedencia geográfica : (Jurisprudencia reciente del TJUE)

(Recent Case Law of the CJEU)

Abstract

When a product has a specific geographical origin and a reputation ? that is, a particular quality or other characteristics essentially attributable to its origin ? it can be protected by means of a geographical indication. The system of Protected Designations of Origin and Protected Geographical Indications thus makes it possible to identify products and place them in a specific geographical area while ensuring high quality standards, the latter guarantee requiring controls. European regulations are fundamental in that they seek a uniform and exhaustive regime, which is why the interpretation of what is covered by the protection system is a decisive milestone. Decisive because, in a highly competitive sector, the defence of the rights of the holders of exclusive rights takes place before the national courts, which turn to the cjeu for preliminary rulings to facilitate the interpretation of the rules. In fact, in the last year, from the end of 2020 until now, there have been two notable rulings by the cjeu, known by the name of the products ? or «services» ? involved: the «Morbier» cheese case and the «Champanillo» case, the latter brought by the Barcelona Provincial Court, on the use of that name. Both rulings stand out among other previous ones that have already delineated infringement by «evocation», and it is important to have an overview of the evolution and its nuances.