Restore Balance to European Geographical Indications Protection: Evoking the British Law on Extended Passing Off

Abstract The scope of protection for geographical indications in the European Union has expanded too far, particularly in evocation cases. Scholars and stakeholders have raised alarm about the need for measures that would ensure a balance in the geographical indications system. This article uses empirical data to report how the expanded scope of protection has restricted the commercial practices of third parties and illustrates the practical implications of the principled concerns raised in the intellectual property literature. In addressing these concerns, this article demonstrates that commentators have overlooked a potential source of inspiration that could offer a more principled approach to the protection of quality products: the British law of extended passing off and, more generally, unfair competition by misrepresentation. By rebalancing geographical indications protection to reflect consumer perception, this article argues that a high level of protection for quality products can be achieved without straying into unjustified and unfair levels of protection.