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.
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).
List of Abbrevations
List of Illustrations
Notes on Contributors
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
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
All interested in the regulation of wine, and anyone concerned with trade in wine, geographical indications and consumer protection on that theme.