Wine Law and Policy

From National Terroirs to a Global Market
Erscheinungsjahr 2020
ISBN: 978-90-04-43830-9
Verlag: Brill

Buch, Englisch, 808 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 1513 g

Winner of the Vitivinicultural Law OIV Award (2021), from the International Jury of the International Organisation of Vine and Wine. Click here to read.

This 26-chapter volume brings together leading academics and practitioners to examine how wine law and policy have gradually moved from national terroirs to a global market. It is the first holistic study of the comprehensive field of wine law which posits that the wine laws and regulations have caused an enormous imbalance between different jurisdictions, which has either resulted in the overregulation, which stifles innovation, and under-regulation, which leaves many a wine consumer clueless about what they are drinking. This book brings together legal scholarship about trade law, intellectual property rights, and health law and policy which are all relevant for the future of the wine industry.

Autoren/Hrsg.

Chaisse, Julien

Dias Simões, Fernando

Friedmann, Danny

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Medizin- und Gesundheitsrecht Lebens- und Futtermittelrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

List of Abbrevations

List of Illustrations

Notes on Contributors

Foreword: Apéritif

Christopher Heath

1 An Introduction to Wine Regulation in a Globalized Market
 
Prospects and Limits of Wine Governance

Julien Chaisse, Fernando Dias Simões, and Danny Friedmann

PART 1

The Wine Market: Past, Present and Future in a Global Economy

2 The Rise and Fall of the World’s Largest Wine Exporter – and Its Institutional Legacy

Giulia Meloni and Johan Swinnen

3 Tradition, Territory, and Terroir in French Wine

Role, Function, and Purpose of the Institut National De l’origine Et de la Qualité in the French Wine Law Model

Fabrice Giordano

4 Exploring Italy’s Wine Law Reforms

Experiences, Challenges, and Prospects

Antonio Rossi and Duilio Cortassa

5 “Innovative Tradition”

Austrian Wine Regulation between Past and Future

Iris Eisenberger and Rostam J. Neuwirth

6 Between Wines and Spirits

Classification Challenges of Polish ‘Fruit Wine’-based Products in EU Perspective

Joanna Pawlikowska, Aleksander Stepkowski, and Leszek Wiwala

7 Wine law in Australia

Challenges of Local Identity in a Global Marketplace

Lisa Toohey

8 Libiam Ne’ Lieti Calici

EU and Chinese Policies in Support of Wine Production

Flavia Marisi

9 Wine and Liquor Laws in Canada – Trends and Regulatory Challenges

Daniel Hohnstein

10 The Protection of Foreign Investment in the Wine Sector

Laurence Ponty, Baptiste Rigaudeau, and Jean-Robin Costargent

PART 2

The Role of Intellectual Property Law in the Wine Market

11 Grafting the Old and New World

Towards a Universal Trademark Register that Cancels Generic IGO Terms

Danny Friedmann

12 The Protection of Traditional Terms for Wines in the European Union and Beyond

Anke Moerland and Ramyaa Bhadauria

13 The Barolo Appellation of Origin in the Global Market

Anisha Mistry and Luca Valente

14 “Pure Michigan” and “Napa Valley 100%”

Is Protection of American Origin Wines as Geographic Indications on Fertile Ground?

Rebeccah Gan

15 Australia Corked Its Champagne and So Should We
 
Enforcing Stricter Protection for Semi-Generic Wines in the United States

Lindsey A. Zahn

16 Integrating the Protection of Foreign Geographical Indications in Federal States

Transsystemic Study of GI Protection in Canada, the USA, and Germany

Nicolas Charest

17 The Protection of Vines, Grapes and Wine under Plant Variety Rights Law, with a Particular Focus on the EU

Philippe de Jong

18 Trade Dress Regulation and Protection Rules Applying to Wine in Turkey

Burak Keskin

19 Patent Search and Analysis in the Wine Industry

A Guided Tour from Vineyards to Your Table

Luca Falciola

PART 3

Wine beyond the Market: Health Policy, Ethical and Social Issues

20 On the Jurisprudence of Wine’s Journeys from National Terroirs to a Global Market
 
Places of Normativity, Mythology and Justice in London and Aotearoa/New Zealand

Wayne Morrison

21 Protecting Wine Packaging as a Trademark
 
Why the Substantial Value Exclusion Makes the Task Unreasonably Burdensome

Jacopo Ciani

22 Prošek or Prosecco

Intellectual Property or Intangible Cultural Heritage?

Steven Gallagher

23 The Use of All Wines

A Legal Analysis for Conservative Judaism

Elliot N. Dorff

24 Risk Management in the Wine Supply Chain

Diego Saluzzo

25 The Grass is Greener on the Other Side

Biodynamic Wines and Trademarks, the Quest for Answers

Ana Penteado

26 In Vino Veritas

Blockchain as a Viable Solution for Combating Counterfeit Wines in China

Jerry I-H Hsiao

Index

Über Autor(innen)

Julien Chaisse is Professor at the City University of Hong Kong, School of Law. He is an award-winning scholar and a globally recognized authority on the intersection between international economic law, international dispute resolution, and the transnational law of globalization.

Fernando Dias Simões is Associate Professor at the Faculty of Law of the Chinese University of Hong Kong since January 2019. He currently serves as Deputy Programme Director of the Master of Laws (LLM) in International Economic Law.


Danny Friedmann is Assistant Professor of Peking University School of Transnational Law in Shenzhen, and an award-winning researcher and lecturer of Intellectual Property Law, especially trademark law, geographical indications and patent law. Professor Friedmann’s monograph is titled Trademarks and Social Media, Towards Algorithmic Justice (September 2015).