Passing off the principles of British Passing Off to improve GI protection?

This paper addresses the criticisms raised by leading European and non-European scholars regarding the level of protection currently granted to registered Geographical Indications in the EU context, which has become exceedingly broad, particularly following the latest decisions of the Court of Justice of the EU. It then argues, based on an analysis of relevant case law and some previously unpublished empirical findings, that this problematic approach could be refined by rediscovering a more tangible, facts- and consequences-based approach, an example of which is provided by the realm of unfair competition by misrepresentation and, in the British context, Extended Passing Off.