Competencia judicial en materia de indicaciones geográficas y denominaciones de origen

Resumo

International jurisdiction on disputes relating to geographical indications and appellations of origin is governed by Regulation (EC) 44/2001 or domestic legislation given that Regulation (EC) 510/2006 and the rest of the specific European provisions in that area do not contain rules on international jurisdiction. To the extent that Regulation (EC) 510/2006 grants the Commission specific competences as to the registration and validity of entries in the specific register established under that Regulation, the exclusive jurisdiction provided for by article 22 (3) and (4) Regulation (EC) 44/2001 do not apply. Litigation concerning decisions on entries in that register and the difficulties raised by the lack of jurisdictional rules as regards unitary rights on geographical indications receive detailed attention. The several grounds of jurisdiction relevant to claims of infringements of geographical indications and jurisdiction to adopt provisional measures are also discussed.