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2016 Rev. Universul Juridic 149 (2016)
The Advantages of Designations of Origin in Comparison with Trademarks for Agri-Food Products

handle is hein.journals/univjurid2 and id is 523 raw text is: 






     THE ADVANTAGES OF DESIGNATIONS OF ORIGIN IN COMPARISON
                 WITH TRADEMARKS FOR AGRI-FOOD PRODUCTS

                                         Violeta MELNIC'

                                   e-mail: violeta.melnic.euggmail.com


Abstract:

Adapting to the demands of EU market involves changing the tendencies and focusing on origin-related product quality,
unique due to natural and objective growth and production factors.The coexistence of two distinctive marks of
intellectual property for agri-food products - trademarks and geographical indications - offers a choice to both producers
and consumers. However, a fair assessment of quality offers more openness and credibility to products with designation
of origin.

Key words: demands of EU market, agri-food products, geographical indications and designations of origin


      The  relevance of the approached theme  is
underlined by the diversification of the quality and
origin of products on the market. The  relatively
small number   of products  with designation  of
origin in the Republic of Moldova diminishes the
importance  of their protection in the  EU  and
involves obligations on the protection of products
with designation of origin from the EU. Also, the
tradition of EU   Member States on agri-food
products  is concerned   with  their origin and
territory-related qualities. The   diversity  of
Moldovan  products can make an impression by the
specific of the delimited territory, the identifying
traditions and their own  taste qualities. Thus,
Moldovan   products,  in  small  quantities, can
impress the EU market and can earn a special place
in it by specific qualities and different natural and
geographic factors from those of the EU Member
States.
      Adapting  to the  demands  of  EU  market
involves changing the tendencies and focusing on
origin-related product quality, unique  due   to
natural and   objective growth  and  production
factors.

         MATERIAL AND METHOD

      The coexistence of two distinctive marks of
intellectual property for agri-food  products  -
trademarks and geographical indications - offers a
choice to both producers and consumers. However,
a fair assessment of quality offers more openness
and  credibility to products with designation of
origin.


1 Public officer, Republic Moldova Parliament


     RESULTS AND CONSIDERATIONS

     I.  The  advantages of trademark  for agri-
food products
      Currently, trademark  is increasingly more
used and its tendencies change.
      The  trademark  is the visible symbol that
allows  distinguishing a product or service of a
manufacturer from the similar product or service of
another manufacturer. Purchasing the right to hold
a trademark has a triple condition: the symbol to be
susceptible of protection, to be available and, if
these  two   requirements  are  fulfilled, to be
registered as  a  trademark  (Victor Volcinschi,
Dorian   Chiroyca,  Intellectual Property  Law,
Museum Publishing House, Lecture Notes,
Chigintu, 2001,  p.232 , p.156). In this context,
French doctrine supports the idea that choosing the
trademark-symbol  is a primary and essential task
as for its promotion a lot is spent on advertising
that conveys the image of the company. The choice
of   a   trademark   is   made   for   economic
considerations, but it also must be valid from a
legal point of view,  thus certain conditions are
imposed  in order to acquire the trademark right.
Trademark   is a distinctive symbol designed  to
distinguish the goods and services of a trader. This
distinction can be objective when it corresponds to
the product characteristics, or subjective, when the
trademark,   without   suggesting  the   product
characteristics, aims  to become attractive   to
consumers.  Sometimes  this power of attraction is
so strong that the trademark enters the consumers'


149

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