Full Description
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.
Contents
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
