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Wine Law and Policy
From National Terroirs to a Global Market
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.
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 Friedmannâs monograph is titled Trademarks and Social Media, Towards Algorithmic Justice (September 2015).
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 Friedmannâs monograph is titled Trademarks and Social Media, Towards Algorithmic Justice (September 2015).
âList of Abbrevations
âList of Illustrations
âNotes on Contributors
âForeword: Apéritif
âChristopher Heath
1âAn Introduction to Wine Regulation in a Globalized Market
 âProspects and Limits of Wine Governance
ââJulien Chaisse, Fernando Dias Simões, and Danny Friedmann
PARTÂ 1
The Wine Market:Â Past, Present and Future in a Global Economy
2âThe Rise and Fall of the Worldâs Largest Wine Exporter â and Its Institutional Legacy
âGiulia Meloni and Johan Swinnen
3âTradition, Territory, and Terroir in French Wine
âRole, Function, and Purpose of the Institut National De lâorigine Et de la Qualité in the French Wine Law Model
ââFabrice Giordano
4âExploring Italyâs Wine Law Reforms
âExperiences, Challenges, and Prospects
ââAntonio Rossi and Duilio Cortassa
5ââInnovative Traditionâ
âAustrian Wine Regulation between Past and Future
ââIris Eisenberger and Rostam J. Neuwirth
6âBetween Wines and Spirits
âClassification Challenges of Polish âFruit Wineâ-based Products in EU Perspective
ââJoanna Pawlikowska, Aleksander Stepkowski, and Leszek Wiwala
7âWine law in Australia
âChallenges of Local Identity in a Global Marketplace
ââLisa Toohey
8âLibiam Neâ Lieti Calici
âEU and Chinese Policies in Support of Wine Production
ââFlavia Marisi
9âWine and Liquor Laws in Canada â Trends and Regulatory Challenges
âDaniel Hohnstein
10âThe Protection of Foreign Investment in the Wine Sector
âLaurence Ponty, Baptiste Rigaudeau, and Jean-Robin Costargent
PARTÂ 2
The Role of Intellectual Property Law in the Wine Market
11âGrafting the Old and New World
âTowards a Universal Trademark Register that Cancels Generic IGO Terms
ââDanny Friedmann
12âThe Protection of Traditional Terms for Wines in the European Union and Beyond
âAnke Moerland and Ramyaa Bhadauria
13âThe Barolo Appellation of Origin in the Global Market
âAnisha Mistry and Luca Valente
14ââPure Michiganâ and âNapa Valley 100%â
âIs Protection of American Origin Wines as Geographic Indications on Fertile Ground?
ââRebeccah Gan
15âAustralia Corked Its Champagne and So Should We
 âEnforcing Stricter Protection for Semi-Generic Wines in the United States
ââLindsey A. Zahn
16âIntegrating the Protection of Foreign Geographical Indications in Federal States
âTranssystemic Study of GI Protection in Canada, the USA, and Germany
ââNicolas Charest
17âThe Protection of Vines, Grapes and Wine under Plant Variety Rights Law, with a Particular Focus on the EU
âPhilippe de Jong
18âTrade Dress Regulation and Protection Rules Applying to Wine in Turkey
âBurak Keskin
19âPatent Search and Analysis in the Wine Industry
âA Guided Tour from Vineyards to Your Table
ââLuca Falciola
PARTÂ 3
Wine beyond the Market:Â Health Policy, Ethical and Social Issues
20âOn the Jurisprudence of Wineâs Journeys from National Terroirs to a Global Market
 âPlaces of Normativity, Mythology and Justice in London and Aotearoa/New Zealand
ââWayne Morrison
21âProtecting Wine Packaging as a Trademark
 âWhy the Substantial Value Exclusion Makes the Task Unreasonably Burdensome
ââJacopo Ciani
22âProÅ¡ek or Prosecco
âIntellectual Property or Intangible Cultural Heritage?
ââSteven Gallagher
23âThe Use of All Wines
âA Legal Analysis for Conservative Judaism
ââElliot N. Dorff
24âRisk Management in the Wine Supply Chain
âDiego Saluzzo
25âThe Grass is Greener on the Other Side
âBiodynamic Wines and Trademarks, the Quest for Answers
ââAna Penteado
26âIn Vino Veritas
âBlockchain as a Viable Solution for Combating Counterfeit Wines in China
ââJerry I-H Hsiao
âIndex
âList of Illustrations
âNotes on Contributors
âForeword: Apéritif
âChristopher Heath
1âAn Introduction to Wine Regulation in a Globalized Market
 âProspects and Limits of Wine Governance
ââJulien Chaisse, Fernando Dias Simões, and Danny Friedmann
PARTÂ 1
The Wine Market:Â Past, Present and Future in a Global Economy
2âThe Rise and Fall of the Worldâs Largest Wine Exporter â and Its Institutional Legacy
âGiulia Meloni and Johan Swinnen
3âTradition, Territory, and Terroir in French Wine
âRole, Function, and Purpose of the Institut National De lâorigine Et de la Qualité in the French Wine Law Model
ââFabrice Giordano
4âExploring Italyâs Wine Law Reforms
âExperiences, Challenges, and Prospects
ââAntonio Rossi and Duilio Cortassa
5ââInnovative Traditionâ
âAustrian Wine Regulation between Past and Future
ââIris Eisenberger and Rostam J. Neuwirth
6âBetween Wines and Spirits
âClassification Challenges of Polish âFruit Wineâ-based Products in EU Perspective
ââJoanna Pawlikowska, Aleksander Stepkowski, and Leszek Wiwala
7âWine law in Australia
âChallenges of Local Identity in a Global Marketplace
ââLisa Toohey
8âLibiam Neâ Lieti Calici
âEU and Chinese Policies in Support of Wine Production
ââFlavia Marisi
9âWine and Liquor Laws in Canada â Trends and Regulatory Challenges
âDaniel Hohnstein
10âThe Protection of Foreign Investment in the Wine Sector
âLaurence Ponty, Baptiste Rigaudeau, and Jean-Robin Costargent
PARTÂ 2
The Role of Intellectual Property Law in the Wine Market
11âGrafting the Old and New World
âTowards a Universal Trademark Register that Cancels Generic IGO Terms
ââDanny Friedmann
12âThe Protection of Traditional Terms for Wines in the European Union and Beyond
âAnke Moerland and Ramyaa Bhadauria
13âThe Barolo Appellation of Origin in the Global Market
âAnisha Mistry and Luca Valente
14ââPure Michiganâ and âNapa Valley 100%â
âIs Protection of American Origin Wines as Geographic Indications on Fertile Ground?
ââRebeccah Gan
15âAustralia Corked Its Champagne and So Should We
 âEnforcing Stricter Protection for Semi-Generic Wines in the United States
ââLindsey A. Zahn
16âIntegrating the Protection of Foreign Geographical Indications in Federal States
âTranssystemic Study of GI Protection in Canada, the USA, and Germany
ââNicolas Charest
17âThe Protection of Vines, Grapes and Wine under Plant Variety Rights Law, with a Particular Focus on the EU
âPhilippe de Jong
18âTrade Dress Regulation and Protection Rules Applying to Wine in Turkey
âBurak Keskin
19âPatent Search and Analysis in the Wine Industry
âA Guided Tour from Vineyards to Your Table
ââLuca Falciola
PARTÂ 3
Wine beyond the Market:Â Health Policy, Ethical and Social Issues
20âOn the Jurisprudence of Wineâs Journeys from National Terroirs to a Global Market
 âPlaces of Normativity, Mythology and Justice in London and Aotearoa/New Zealand
ââWayne Morrison
21âProtecting Wine Packaging as a Trademark
 âWhy the Substantial Value Exclusion Makes the Task Unreasonably Burdensome
ââJacopo Ciani
22âProÅ¡ek or Prosecco
âIntellectual Property or Intangible Cultural Heritage?
ââSteven Gallagher
23âThe Use of All Wines
âA Legal Analysis for Conservative Judaism
ââElliot N. Dorff
24âRisk Management in the Wine Supply Chain
âDiego Saluzzo
25âThe Grass is Greener on the Other Side
âBiodynamic Wines and Trademarks, the Quest for Answers
ââAna Penteado
26âIn Vino Veritas
âBlockchain as a Viable Solution for Combating Counterfeit Wines in China
ââJerry I-H Hsiao
âIndex
All interested in the regulation of wine, and anyone concerned with trade in wine, geographical indications and consumer protection on that theme.
