ABSTRACT
The EU geographical indication system provides a high level of protection to food and drink names. While the system was originally designed to diversify agricultural production, improve farmer income and provide accurate information to consumers, the EU now also justifies protection by arguing that GIs preserve traditional culture and increase sustainability. However, an alternative view that the system is motivated by protectionism and influenced by politics needs to be taken seriously in light of case studies such as the award of GI protection to Prosecco. Despite drawing on an invented tradition, ‘Prosecco’ is not eligible for GI protection because the name identified a characteristic of the wine (that it consisted of the Prosecco grape variety), not its origin, at the time of registration. Political interference in an attempt to thwart the use of ‘Prošek’ by Croatian wine producers demonstrates the scope inherent in the EU GI system for regulatory capture by special interests. Awarding GI protection to Prosecco undermines the integrity of the system and serves as a reminder to countries engaged in trade negotiations with the EU to independently assess claims that names constitute GIs.
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David J Watson, The Prosecco/Prošek war: is the EU geographical indication system falling flat?, Queen Mary Journal of Intellectual Property, volume 15, issue 3, pp 264-287. Published: 1 September 2025.
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