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Authors

Kaiko Shimura

Document Type

Notes

Abstract

Since the 15th century, European states have sought to protect certain foodstuffs originating from a designated geographic location. When multilateral and bilateral agreements failed to establish sufficient protection amongst the European Community member states, the European Community sought to establish uniform standards of protection by adopting Regulation 2081/92 in 1992. While an important step in the harmonization of varying European state practices, Regulation 2081/92 failed to address the problem of names that are homonymous to registered, protected names. In 2006, the European Community attempted to address this issue in Regulation 510/2006. This Note explores the issue of “homonymous names” and how the European Court of Justice has struggled to define the term. The author concludes that Regulation 510/2006 fails to provide a clear standard regarding homonymous names and should be amended to avoid the very problem the European Community sought to address in enacting uniform standards of protection: varying state practices which result in increased litigation.

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