Getting Article 22(1) TRIPS Right: A Commentary on the Definition of ‘Geographical Indication’ from a European Union Perspective with a Focus on Wines

Abstract The article conducts an in-depth analysis of Article 22(1) the Agreement on Trade-Related Aspects Intellectual Property Rights that provides definition ‘Geographical Indication (GI)’, focusing specifically field wine. Particularly, research analyses: (1) concept ‘indication’; (2) words ‘quality, reputation or other characteristic’ and (3) adverb ‘essentially’. Building upon text Agreement; its drafting history adopting EU GI regime as a case study, concludes that: first, ‘indication’, in spite literal meaning historical origin, can be subject to very broad interpretation; second, wine remains product characterised by qualitative link with area production, although importance ‘reputational link’ is growing; and, lastly, ‘essentially’ introduces margin flexibility, thus allowing products are not ‘exclusively’ related specific qualify for protection nonetheless.