Consorzio Del Prosciutio Di Parma v Asda Stores Ltd and Another: CA 4 Dec 1998

A rule regarding the designation of origin of goods, disallowing the use of an origin name, must be readily ascertainable in the detail of the regulation, in order to be directly applicable. Designations for Parma Ham, were not readily discoverable, and had no such direct effect.

Citations:

Times 04-Dec-1998, Gazette 13-Jan-1999, [1998] EWCA Civ 1878, [1998] EWCA Civ 1879

Statutes:

EC Regulation 2081/92

Jurisdiction:

England and Wales

Citing:

CitedCommission v Germany ECJ 23-May-1985
The question was asked as to whether Germany had given effect in domestic law to a directive which required the mutual recognition of nursing diplomas. German law conferred no right of recognition upon holders of diplomas from other member states . .

Cited by:

Appeal fromConsorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Lists of cited by and citing cases may be incomplete.

Commercial, European, Intellectual Property

Updated: 30 November 2022; Ref: scu.79462