ABSTRACT
Since ‘evocation’ first appeared in Regulation 2081/92, the CJEU has been called upon to construe this concept several times. In Cambozola, the Court found that Cambozola is evocative of PDO ‘Gorgonzola’, due to the phonetic and visual similarity between the two. Answering to further referrals, the Court confirmed that ‘evocation’ may also take place in cases of conceptual proximity, as well as through use of figurative signs. Finally, in Champanillo the Court established that a PDO/PGI may also be evoked by services, in addition to goods. Yet, as this chapter discusses, national approaches to evocation often diverge from the CJEU’s interpretations and may be exemplifying to how the doctrine should develop.
Kyrylenko, Anastasiia, Sprechen Sie Cambozola? On the Lessons from the Early Years of ‘Evocation’ (January 31, 2022). Forthcoming in H Bosher, E Rosati (eds), Developments and Directions in Intellectual Property Law. 20 Years of The IPKat (Oxford University Press, 2023).
First posted 2022-06-07 14:00:20
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