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Unprecedented decision in favour of Prosecco DOC

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Victory in Poland in a case of GI infringement in a non-agri-food context

Sistema Prosecco announces an important victory in its efforts to ensure the correct use, in Italy and abroad, of the term Prosecco and the appellations protected by its three member consortia: Consorzio di Tutela Prosecco DOC, Consorzio di Tutela Conegliano Valdobbiadene Prosecco DOCG and Consorzio Vini Asolo Montello.

In a ruling handed down on 11 June by the Regional Court of Warsaw, the violation of the Prosecco designation in Poland was recognised on beauty products of a well-known US multinational, active on the local market through a distributor, against whom proceedings were brought. The trial ended in the first instance with a decision – still subject to appeal by the other party – in favour of the Consortia, represented in court by the Prosecco DOC Consortium. This ruling confirms the prohibition of the use of the designation to distinguish and promote body products, including on their packaging and online.

The Court ruled that such use of the term “Prosecco” constitutes evocation, exploitation of the reputation of the designation and misleading communication to consumers. This is the first time in Poland that a judgment has been handed down on the merits of a case involving the infringement of a geographical indication in the field of non-agricultural products. Following this success, achieved with the support of the international team at the law firm Bird & Bird, Sistema Prosecco will also focus its attention on the services sector, where the misuse of the term “Prosecco” is equally widespread.

The Court also confirmed the Consortium’s full legitimacy to take action to challenge not only the violation of the designation but also unfair competition offences: these powers are inherent in the nature of the Consortium, as the representative of the interests of producers.

Statements

“The Consortium welcomes the Court’s decision, which confirms the effectiveness of the protection strategy shared with Sistema Prosecco and implemented over the years. – Comments Giancarlo Guidolin, President of the Prosecco DOC Protection Consortium, supported by Presidents Franco Adami of the Conegliano Valdobbiadene Prosecco DOCG Protection Consortium and Michele Noal of the Asolo Montello Wine Consortium. ‘In particular, this action sets a significant precedent for the protection of GIs at European level. In fact, the recognition of a violation of the Prosecco designation in a product category far removed from wine is not a foregone conclusion.’

Giancarlo Moretti Polegato, President of Sistema Prosecco, states firmly: ‘As reiterated by the Court, the term Prosecco can only be used for products that comply with the production regulations for each designation. For this reason, the three Consortia will continue to monitor and act in synergy and with determination against any form of abuse and exploitation of the designations, in any product category, in order to protect and enhance the work of the entire production chain.’

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