Landmark EU Geographical Indications Case Law: Key Decisions Shaping the Protection of Origin and Quality

Gaining insight into the judgments related to geographical indications is essential to understanding how the complex puzzle of GI protection fits together within European Union law. This system empowers producers to manage their respective geographical indications, enabling them to respond to growing societal demands for sustainable products. The scope of protection is carefully calibrated to balance the intellectual property rights of agrifood GIs with the coexistence of pre-existing trademarks. Notably, the protection of GIs extends beyond mere conceptual evocation, also encompassing cases involving figurative signs and even product shapes. A review of European Court of Justice and General Court case law reveals a clear trend in favour of protecting geographical indications, reinforcing the importance of this intellectual property right.

Javier Guillem Carrau has been deeply involved since 1998 in the field of Geographical Indications. He holds a PhD in Law focused on Geographical Indications and served as the responsible expert on the topic at the European Commission’s Legal Service from 2013 to 2016. Currently, he works at the EUIPO Academy Department. Before, he also worked as a legal assistant at the Boards of Appeal, further broadening his expertise in the field of intellectual property and Geographical Indications. He is a certified mediator accredited by the London School of Mediation and he has been appointed as EUIPO Mediator. Prior to EUIPO, he worked as a Seconded National Expert at the European Commission’s Legal Service from 2013 to 2016. He initially joined the Regional Parliament of Valencia Region (Corts Valencianes) in 2002 as a legal adviser and went on to hold the positions of Secretary General (Lletrat Major) and Secretary of the Regional Ballot Court (Junta Electoral de la Comunitat Valenciana) for six years (2003-2009). He is an associate professor at the University of Valencia and has been a visiting professor at the ULB Master on European Studies in Brussels. He holds a Master of Science (MSc) in European Food Law from the University of Ulster-Trinity College, UK. Additionally, he has completed postgraduate studies at the Centre Européenne de Droit de la Consommation in Louvaine la Neuve University and the IGEAT in the Université Libre de Bruxelles. His PhD thesis, “Denominaciones geográficas de calidad. Estudio de su reconocimiento y protección en la OMC, la UE y el Derecho español,” was published in 2008 and re-edited in 2021 by Tirant lo Blanch. He has also published several books, including EU Law for entrepreneurs (“Derecho de la UE para emprendedores”) and Biotech law for non-jurist (“Manual de Bioderecho para no juristas”) Furthermore, the Congreso de los Diputados published his monograph Protection of biotech innovations (“La protección jurídica de las invenciones biotecnológicas”). In addition to his extensive experience, he has shared his expertise through various lectures and academic articles on the topic and with other Institutions like the European Parliament, the European Economic and Social Committee and the International Wine Organisation.