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Justice ruled in favor of Rioja producers against a claim


Source: MDZ

The Federal Court rejected a request from the Council of the Denomination of Origin Rioja Spain against the producers of La Rioja in Argentina. The claim was because of an appellation of origin that the mark presitigia "Rioja" of Spain for their products and who feels aggrieved by the use of "La Rioja" on product labels Argentines.

The National Court of First Instance in the Federal Administrative No. 4 rejected the application filed by the Regulatory Board of Denomination of Origin Rioja of Spain against the State for the purpose of challenging the use of Geographical Indication "La Rioja Argentina" by wine producers in the province.

The defense was led by the National Wine Institute (INV) from and in his ruling Federal Judge Rita Mary Ailan considered that the evidence provided by the Control Board does not accredit or show any confusion or being misled consumers, but the attachment "Argentina", contrary to what was outlined by the English, is an effective and powerful differentiator term which leaves no doubt that "La Rioja Argentina" is a product from Argentina. Dr. Ailan states that "The attachment differentiator in turn is the name of the State where the product actually comes from, differ significantly from its English counterpart."

As was discussed in the arguments presented by the INV, the judge deemed to have been taken all necessary steps laid down in Article 23 of the Agreement on Intellectual Property Rights (TRIPS) which states that if homonymous geographical indications for wines, protection shall be accorded to each indication and each shall determine the conditions practices in which the homonymous indications in question, bearing in mind the need to ensure that the producers concerned are treated equitably and that consumers are not misled.

This ruling is important because it endorses the philosophical position that historically supports Argentina in international forums. This position has been stated clearly in the bi-regional negotiation Mercosur - European Union was interrupted in 2004 and raised again now in this new round of negotiations.

The TRIPS Argentina respects it is quite clear on what should be protected in geographical indications and, moreover, it is clear to contemplate the possibility of homonyms and to seek mechanisms to not infringe anyone's rights. This ruling is in line with the philosophy of Argentina to respect international agreements and a strong defense of their wine regions.