Pairing Sturgeon with Champagne: Towards a Due Cause Exception in the Law of Geographical Indications

Abstract It is commonly lamented that geographical indications (GIs) receive extravagant protection under European Union (EU) law. Yet due to the special nature of GIs it can be hard conceptualize sensible limitations and so far question where such limits (if any) should lie has received little attention in scholarship. This article advances argument for a “due cause exception” law GIs. examines two categories use may legitimately benefit from an exception: descriptive uses fall within scope freedom expression provisions, instance as part artistic works or parodies. The argues these other evaluated according two-pronged test establish whether they are objectively justified accordance with honest practices. Lastly, even if no express exception becomes applicable GI regulations, guidance by Court Justice on interpretation EU light primary mandates observance countervailing fundamental rights also contours current regulations. Because outlined this conduct business arts, at least some allowance must made when interpreting applying