Przegląd Prawa Rolnego, 2010 Nr 2 (7)

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Transgraniczna ochrona produktów żywnościowych
(Wydawnictwo Naukowe UAM, 2010) Albisinni, Ferdinando
The paper examines the rules that at the present time regulate the protection of agrifood products against trans-border counterfeiters. The occasion for the discussion of the topic is a recent judicial decision of the European Court of Justice (the “Parmesan” case), which excluded any duty of a Member State to prosecute ex officio people liable in its national territory for the violation of a PDO-PGI which has origin in another MS. The author underlines the contradiction of such a position with the basic foundations of the European internal market, and discusses some possible solutions to this contradiction which may be found at the European level in the principles stipulated in Regulation No. 2006/2004, and at the international level in art. 3 of the TRIPs Treaty.