Przegląd Prawa Rolnego, 2012 Nr 2 (11)

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Ochrona kwalifikowanych nazw geograficznych. Propozycje interpretacyjne prezentowane w Hiszpanii i Unii Europejskiej
(Wydawnictwo Naukowe UAM, 2012) Gutiérrez, Ángel Martínez
Since 1990s protection of the qualified geographical designations has been harmonised with the protection system at the EU level. Its main characteristic is the granting of an exclusive right which, generally speaking, acts parallel to the right arising from registration of a trademark. In this context, the concept of ‘reference’ that appears as an autonomous conduct prohibited by law is analysed. The deliberation presented in the paper also concerns the protection of designation of origin and the EU provision aiming to define ius excludendi alios the collective character of those rights within the scope of industrial law. Concluding, the author makes an attempt to establish which construction (interpretation of the existing laws), the Spanish one or that of the European Union law, is more advantageous from the point of view of the protection of Protected Designation of Origin.