Analítico de Periódico
The “indirect” or “conceptual” evocation of a protected designation of origin and its practical and juridical effect after ECJ case Queso manchego / Vito Rubino
Revista de Derecho Comunitario Europeo, a.23 n.64 (septiembre-diciembre 2019), p.963-979
DIREITO COMUNITÁRIO, PROPRIEDADE INDUSTRIAL, DENOMINAÇÃO DE ORIGEM, INDICAÇÃO GEOGRÁFICA, CONCORRÊNCIA DESLEAL
This commentary on the EU Court of Justice Queso Manchego ruling analyses the evolution of the concept of “evocation” of a PDO-PGI in order to highlight its expansive character and its consequences for economic operators and national courts (called upon to apply EU legislation in this area). In particular, the author, after having reconstructed the most significant EU case-law on the subject in the last twenty years, focuses on the concept of “indirect evocation” and the “average European consumer” of reference, concepts analysed in detail by the Queso Manchego judgment. The evolutionary dynamics of the matter are then compared with what happened in the sector of well-known brands in order to understand similarities and differences between this industrial property rights, and forecast what further developments may take place. Finally, the author points out the problem of the difficult balance between the requirements of protection, based on the full ownership of the known brand, and fundamental freedoms (economic, competitive, expressive), which it will necessary for national courts to uphold in the context of future cases.