Immaterialgüter- und Wettbewerbsrecht
The Piadina Romagnola Mess. A New Legal Case for an Old Question: What Is a GI?
The Piadina Romagnola Mess. A New Legal Case for an Old Question: What Is a GI? 2015.
The Piadina Romagnola Mess. A New Legal Case for an Old Question: What Is a GI? 2015.
This contribution analyses the “Piadina Romagnola PGI” case, recently decided by the Italian administrative courts. The case reveals an interesting theoretical contrast between two ways of interpreting the function and the essence of EU GIs, in particular in the field of PGI products, i.e. recipe-based or know how-based product whose link to the place of origin cannot be scientifically proved (unlike PDO “terroir products”). It will be concluded that the problem that emerges from this case is a real one and, although it is not possible to provide a universal answer, the concept of PGI may need to be re-conceptualized in the near future.