04476naa a2200205 a 450000100080000000500110000800800410001910000170006024500920007726000090016930000210017852037550019965000130395465000080396765000160397565000250399165300320401670000250404877301970407319073322011-11-28 2011 bl uuuu u00u1 u #d1 aBRUCH, K. L. aGeographical indicationba comparative approach between the old and the new wine world. c2011 a23 p.c1 CD-ROM. aSince ancient times, the distinctive signs are used to identify and differentiate origin of goods, or to indicate ownership of a product, its commercial origin or geography. It appears that, throughout history, there has been progress in the construction and consolidation of the use of these signs in the international arena, particularly for the product which more has been identified through its origin: the wine. In this sense, what is this objective of this work is to see how it has been given such advance and what results can be found under the protection of distinctive signs of origin. For this, the present study is divided into two parties. As an introduction, it is explored the historical evolution of the use of these signals, since the Mesopotamia through Greece and Rome, where the Falernun wines were elaborated, as well as the bronze of Corinth and the Carrara marble. In the Middle Ages, the collective brands and the marks of certification was created by the guilds. This practice was expanded with Mercantilism, consolidated with the Industrial Revolution and changed with the French Revolution, which indicates the birth of the individual mark of goods and, subsequently, of services. Based on this evolution, the first part is devoted to a comparative analysis of the legislative developments of traditional wine producing countries located in Europe - Portugal, France, Spain, Italy, Germany and Britain - as well as countries from New World wine - USA, Chile, Australia and Brazil. The proposal is to verify how much the internal regulation of these countries is harmonized. The second part seeks to examine the advancement of the international treaties, in order to understand how they have regulated the distinctive signs of origin protection and register. The bilateral agreements, the multilaterals agreements, such as the Paris Union Convention, the Madrid Agreement, the Lisbon Agreement and the TRIPS, and regional agreements such as the European Community, MERCOSUR, NAFTA, CAN, and possible bi-regional agreements were evaluated in this section. The intention is to evaluate whether there is harmony between his conceptions of geographical indication expressed in these normative frameworks, and to reflect on the possible development of the future negotiations. As a result, it appears that there is some balance between the internal rules of countries analyzed. Some of them provide protection in a positive way, by register or recognition of the appellation d'origine contrôlée, geographical indications, indications of origin, denomination of origin, American viticulture area, collective marks and marks of certification. Others protect in a negative way, using of repression mechanisms to the false indication of origin, based on competition law and consumer protection. Many combine these two forms. In the international agreements, there is an evolution and a extension on the concept of geographical indication, which covers, harmonically, the definitions of the countries examined. However, bilateral and regional agreements tend to promote uniformity of definition and forms of protection of these signs. As the multilateral agreements have been permeated by bilateral and regional agreements, such cycles have resulted in a gradual consolidation of the distinctive signs of origin protection; although they have not reached standardization in the form of protection. It concludes that, in the ongoing international negotiations, especially under the Doha Round in WTO, we can forecast effective progress in this consolidation, not in the short term but the medium term. It is in this sense that international relations within the industrial property arena have been based in the last two centuries. aHistoria aUva aViticultura aZoneamento agrícola aIndicação de procedência1 aFRADERA, V. M. J. de tIn: WORLD CONGRESS OF VINE AND WINE, 34.; GENERAL ASSEMBLY OF OIV, 9., 2011, Porto. The Construction of wine: conspiracy of knowledge and art: proceedings. Lisboa: Um Porto para o Mundo, 2011.