European Legislation on Protection of Geographical Indications Overview of the EU Member States' Legal Framework for Protection of Geographical Indications

European legislation on protection of Geographical Indications Overview of the EU Member States' Legal Framework for Protection of Geographical Indications

www.ipr2.org 1

Prepared February 2011

This publication has been produced with the assistance of the European Union. The contents are the sole responsibility of the IPR2 implementation team and can in no way be taken to reflect the views of the European Union nor other relevant authorities in Europe or China.

Content may be reproduced and disseminated, as long as it is attributed to the original source.

European Legislation on Protection of Geographical Indications Overview of the EU Member States’ Legal Framework for Protection of Geographical Indications

Compiled by Irina Kireeva

Translation revision by Wang Xiaobing

This publication takes the form of a summary overview for each EU Member State on the protection of Geographical Indications (GIs), including history of protection, the legal and regulatory framework, competent authorities involved, official controls and examples of prominent products.

It is undertaken in the framework of the EU-China IPR2 Project. Since its launch in 2007, IPR2 has developed a series of capacity building activities on Geographical Indications (GIs) in China to support Chinese and European stakeholders with references on GI best practice and experience.

IPR2 is a partnership project between the European Union and the People‟s Republic of China on the protection of intellectual property rights in China. This is done by providing technical support to, and building the capacity of the Chinese legislative, judicial and administrative authorities in administering and enforcing intellectual property rights; improving access to information for users and officials; as well as reinforcing support to right holders. IPR2 targets the reliability, efficiency and accessibility of the IP protection system, aiming at establishing a sustainable environment for effective IPR enforcement in China.

For further information visit www.ipr2.org or contact [email protected].

European Legislation on Protection of Geographical Indications Contents

Contents

European Union ...... 5 Austria ...... 11 Belgium ...... 14 Bulgaria ...... 18 Cyprus...... 22 Czech Republic ...... 24 Denmark ...... 28 Estonia ...... 31 Finland ...... 35 France ...... 38 Germany ...... 44 Greece ...... 49 Hungary ...... 51 Ireland ...... 54 Italy ...... 56 Latvia ...... 61 Lithuania ...... 64 Luxembourg ...... 66 Malta ...... 69 The Netherlands ...... 71 Poland ...... 74 Portugal ...... 77 Romania ...... 80 Slovakia ...... 83 Slovenia ...... 86 Spain ...... 89 Sweden ...... 94 The United Kingdom of Great Britain and Northern Ireland ...... 96

Annex: Overview of EU legislation for Geographical Indications for wine ...... 99 Legislation: EU and EU Member States ...... 109

European Legislation on Protection of Geographical Indications European Union

European Union

General background information

The European Union is an economic and political union of 27 Member States. The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC) formed by six countries in the 1950s, which are founding members of the EU: Belgium, France, Germany, Italy, Luxembourg, the Netherlands.

The enlargement of the European Union was developing gradually with following countries signing the acceding treaties with the EEC:

 on 1 January 1973 – Ireland, the United Kingdom and Denmark;  on 1 January 1981 – Greece;  on 1 January 1986 – Spain and Portugal;  on 1 January 1995 – Austria, Sweden and Finland;  on 1 May 2004 - Malta, Cyprus, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia and Hungary;  1 January 2007 – Bulgaria and Romania.

The Maastricht Treaty established the European Union under its current name in 1993. The last amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. EU Legal Framework for Protecting GIs for agricultural products and foodstuffs

History of protection Before 1992 there was no common legal framework in the EU and different EC Member States had a diversity of national laws, sharing two basic principles:

 the protection of consumers from false and misleading information, and  the protection of producers from unfair competition.

These objectives were attained either through specific intellectual property rules protecting geographical indications or by general rules on unfair competition and consumer protection. The systematic legal protection of geographical indications was most fully developed in France, Italy and Spain.

The need for a common European approach and specific legislation for protection of geographical indications became apparent almost immediately after the Cassis de Dijon judgment, which provided that products legally produced and marketed in one Member State 1 2 could be marketed in another. As a result, Council Regulation 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs was adopted and became the first legal instrument to cover all agricultural products (with the

1 Case 120/78, Rewe Zentrale v Bundesmonopolverwaltung für Brantwein 1979 ECR 649, 3 CMLR 494, 1979.

2 Council Regulation 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 208, 24/07/1992, p. 1, as amended by Council Regulation 535/97 of 17 March 1997, OJ L 83, 25/03/1997, p. 3 and Council Regulation 692/2003 of 8 April 2003, OJ L 99, 17/04/2003, p. 1. 5

European Legislation on Protection of Geographical Indications European Union exception of wines and spirits). This Regulation has been repealed in 2006 and replaced by Regulation 510/2006.

Relevant Regulatory Framework Geographical Indications for agricultural products and foodstuffs are protected by Council Regulation 510/2006 on the protection of geographical indications and designations of origin for 3 agricultural products and foodstuffs. Commission Regulation 1898/2006 lays down detailed 4 rules on implementation of EC Regulation 510/2006. .

Competent EU Authority Commission of the European Communities located in Brussels (European Commission, DG AGRI, Rue de la Loi, 130, B-1049, Belgium), Unit on Quality Policy for Agricultural Products and Foodstuffs.

EU registration procedure for PGIs, PDOs and TSGs The registration of geographical names (PDOs, PGIs and TSGs) consists of the following stages: a) forwarding application to the Commission; The applications from the EU after following the national stage of procedure (explained by the individual countries fishes) and from the third countries should be sent to the Commission (by the EU Competent National Authorities – for the EU, directly or via the competent authorities – from the third country concerned). Only those names that are already protected in the country of origin qualify for protection. b) examination of the application by the Commission; After receiving the application, the Commission would examine the application in an appropriate manner to check whether it is justified and meets the conditions of the Regulation. The examination should not exceed a period of 12 months. If there are questions that the Commission wishes to address to the applicant group the usual timing to reply is 6 months. c) publication of the applications; The Commission is under the obligation to publish the list of names for which registration applications have been submitted with indications of the date of submission to the Commission. Where the conditions laid down in this Regulation appear to be met, the Commission publishes in the Official Journal of the European Union the single document of the application and assures an electronic access to this publication. Where that is not the case, the Commission can decide to reject the registration application under the procedure referred in Articles 4 and 7 of Decision 5 1999/468/EC.

3 Council Regulation 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 93, 31/03/2006, p. 12, as amended by Council Regulation 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods … by reason of the accession of Bulgaria and Romania, OJ L 363, 20 December 2006, p. 1 and Commission Regulation 417/2008 of 8 May 2008 amending Annexes I and II to the Council Regulation 510/2006 (to Annex I salt was added and to Annex II – cotton), OJ L 125, 9 May 2008, p. 27.

4 Commission Regulation 1898/2006 of 14 December 2006 laying down detailed rules on implementation of Council Regulation 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 369, 23/12/2006, p. 12, as amended by Commission Regulation (EC) No 628/2008 of 2 July 2008 amending Regulation (EC) No 1898/2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (changes to Annex V for Community symbols in colour or black and white), OJ L 173, 3 July 2008, p. 3.

5 Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, OJ L 184, 17 July 1999, pp. 23-26. 6

European Legislation on Protection of Geographical Indications European Union

d) objection procedure; Within six months from the date of publication in the Official Journal of the European Union, any Member State or third country may object to the registration proposed, by sending a duly substantiated statement to the Commission.

The Regulation also provides the possibility to any natural or legal person having a legitimate interest to object. However, in the case of natural or legal persons established or resident in a third country, such statement shall be lodged with the Commission, either directly or via the authorities of the third country concerned.

Where an objection is admissible, the Commission will invite the interested parties to undertake appropriate consultations, which would aim at conclusion of an agreement. The outcome of consultations would be communicated to the Commission, on the basis of which the Commission would start its new examination or publish the factors that made the agreement possible. If no agreement is reached, the Commission will take a decision under the procedure referred in Articles 5 and 7 of Decision 1999/468/EC. The decision of the Commission will be published in the Official Journal of the European Union. e) registration of the name and publication of the registered name. If no objections is made or the Commission received inadmissible objections, the name would be registered and entry the European Register of Protected Geographical Indications and Designations of Origin (or TSG). The registration will be published in the Official Journal of the European Union.

Official Control and Verification of Compliance To use a registered name, products with PDOs, PGIs and TSGs must comply with registered specifications. So the applicant group must identify one or more body, which will undertake controls to ensure that the specifications are met.

Verification of compliance with the specifications, in respect of the geographical indications and designations of origin relating to a geographical area in the EU or a third country, before placing the product on the market, have to be ensured by:

 one or more public authorities designated by the third country and/or  one or more product certification bodies.

The product certification bodies are required to comply with and, as from 1 May 2010 be accredited in accordance with European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems). EU Legal Framework for Protecting GIs for wines and spirits

History of protection From the beginning at the EC level, several acts regulating product designations for wines and spirits have been adopted over the years. For example, Council Regulations 817/70, 338/79, 823/87, 1493/1999 and Commission Regulation 1607/2000 laid down the rules and standards for 6 “quality wine produced in specified regions”. Commission Regulations 2133/74, 2392/89,

6 These EC Regulations are not in force any longer. 7

European Legislation on Protection of Geographical Indications European Union

7 3201/1990, 881/98 and 753/2002 dealt with the use of geographical names for wines and 8 Commission Regulation 1576/89 listed the geographical names permitted for spirits.

Before 2008 there were no EU special legal provisions in relation to GIs for wines or spirits and no EU register for wine or spirit GI names. Various national laws regulated that area. However, similar to the system of registration and protection of PGIs and PDOs for agricultural products and foodstuffs, specific rules on registration of geographical indications for wines and spirits in the European Union were established by Council Regulation 479/2008 of 29 April 2008 on the 9 common organisation of the market in wine, in particular Chapters III, IV and V on designations of origin, geographical indications and traditional terms and Regulation 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirits drinks.

Relevant Regulatory Framework Gradually, the whole legal framework for the wine sector has been modified. In 2007, a new EC Regulation was introduced, which replaced all 21 separate regulations establishing common organisations of markets for different agricultural products (including wine). Council Regulation 10 1234/2007 entered into force on 1 January 2008 (so called “Single CMO Regulation”). The provisions on PGIs and PDOs had to be incorporated into the CMO Regulation. As a consequences of this legal reform, Council Regulation 479/2008 of 29 April 2008 was repealed by Council Regulation 491/2009 of 25 May 2009 amending Regulation 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural 11 products (Single CMO Regulation).

Now in relation to designations of origin and geographical indications for wines Articles 118a - 118zb of EC Regulation 1234/2007 are applicable (as last amended by Regulation 513/2010), these changes to the GIs system have been introduced by Council Regulation 491/2009.

Commission Regulation 753/2002 of 29 April 2002 on the description, designation and protection of certain wine sector products (mentioned above) continues to apply and regulate the issues of presentation of GIs wines.

Regulation 110/2008 of the European Parliament and of the Council on the definition, description, 12 presentation, labelling and the protection of geographical indications of spirits drinks provides a

7 Commission Regulation 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, OJ L 118, 4/05/2002, p. 1.

8 Council Regulation 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks, OJ L 160, 12/06/1989, p. 1.

9 Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999, OJ L 148, 6/6/2008, p. 1. 10 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 299, 16 November 2007, p. 1, as last amended by Commission Regulation (EU) No 513/2010 of 15 June 2010, L 150, 16 June 2010, p. 40. 11 Council Regulation 491/2009 of 25 May 2009 amending Regulation 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, OJ L 154, 17.6.2009, p. 1–56.

12 Regulation 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirits drinks and repealing 8

European Legislation on Protection of Geographical Indications European Union specific registration procedure for the protection of geographical indications for spirits and, therefore, is central to the sector of spirit drinks.

Chapter III of Regulation 110/2006 particularly deals with geographical indications. Spirit drinks are classified according to the definitions laid down in Annex II (such as rum, whisky, brandy, vodka, liqueur, fruit spirit and others; there are 46 categories in total). The use of the names is restricted to the specified drinks, as defined by Annex II. Spirit drinks which do not meet the specifications laid down for the products defined in Annex II may not bear the names assigned therein to those products and shall bear the sales denomination “spirit drink”.

Competent EU Authority Commission of the European Communities located in Brussels (European Commission, DG AGRI, Rue de la Loi, 130, B-1049, Belgium).

EU registration procedure for PGIs and PDOs The registration procedure for PGIs and PDOs for wines and spirits is identical to the procedure outlined for agricultural products and foodstuffs. The only difference is in documents to be presented for examination, as requirements for wines and spirits are different and include Technical Specification (with a description of the wine, the demarcation of the geographical area concerned, the maximum yields per hectare, an indication of the wine grape variety or varieties the wine(s) is obtained from).

Official Control and Verification of Compliance All GI wine and spirit products registered are subject to controls to ensure that the requirements of the registered specification are met.

The European Regulation on Protected Denomination of Origin and Protected Geographical Indication provides that verification of compliance with the specifications, before placing the product on the market, shall be ensured by an inspection body which can be a public body or a private body (private inspection bodies are required to be accredited to European Standard EN 45011). Each GI producer‟s organisation must nominate an inspection body.

A control plan is defined by the organisation of producers and the external body. It contains a list of controls that have to be undertaken to ensure that the product meets the GI specifications. It also defines the practical aspects of the controls, such as the percentage of producers that will be controlled, the frequency of the controls. It covers organoleptic controls, including tasting sessions by experts who give their verdict on the quality of the products. Timeframe and costs There are no fees for the administrative work carried by the Commission. Overall the registration process may take to 3-6 years depending on the opposition posed or complexity of the specification.

Council Regulation (EEC) N° 1576/89, OJ L 39, 13/02/2008, p. 16, Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC, OJ L 354, 31 December 2008, p. 34. 9

European Legislation on Protection of Geographical Indications European Union

Legislation  Council Regulation 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 93, 31/03/2006;  Commission Regulation 1898/2006 of 14 December 2006 laying down detailed rules on implementation of Council Regulation 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 369, 23/12/2006, p. 12;  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 299, 16 November 2007, p. 1, as last amended by Commission Regulation (EU) No 513/2010 of 15 June 2010, L 150, 16 June 2010, p. 40;  Commission Regulation 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, OJ L 118, 4/05/2002, p. 1;  Regulation 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirits drinks and repealing Council Regulation (EEC) N° 1576/89, OJ L 39, 13/02/2008.

European Legislation on Protection of Geographical Indications Austria

Austria

General background information

Austria acceded to the European Union on 1 January 1995 (the forth enlargement with Sweden and Finland). It is a Contracting Party to the Paris Convention and the Madrid Agreement on Marks from 1 January 1909 and member to the Madrid Protocol on Trademarks from 13 April 13 1999; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Austria there was no specific legislation on the protection of geographical indications before 1993. The EC legislation on the protected geographical indications and designations of origin is directly applicable and no other national laws have been introduced for the protection of geographical and traditional names.

Relevant Regulatory Framework EC Regulation 510/2006 is fully implemented in Austria and administrative procedure on national registration with the possibilities to object at the national level has been provided in 2006.

Competent National Authority The national authorities in charge of applications and examination of PDOs and PGIs are the 14 15 Austrian Patent Office and the Austrian Federal Ministry for Health and Women‟s Affairs. Contact details of the Austrian Patent Office and the Ministry are:

 Österreichisches Patentamt Dresdner Straße 87, 1200 WIEN Tel: +43-1-53424-234 Fax: +43-1-53424-426 E-mail : [email protected] Bundesministerium fu r Gesundheit und Frauen, Abteilung IV/7 Radetzkystraße 2 1030 WIEN Tel: +43-1-71100-4876 Fax: +43-1-71100-4681 E-mail : [email protected]

13 Source of information: http://www.wipo.int/treaties.

14 The official web site of the Österreichisches Patentamt is http://www.patentamt.at/Markenschutz/Schutzrechte/Herkunftsangabe/ (last visited 15 December 2010)

15 The official web site of the Bundesministerium für Gesundheit und Frauen is http://www.bmgfj.gv.at/. (last visited 15 December 2010). 11

European Legislation on Protection of Geographical Indications Austria

National procedure for PGIs, PDOs and TSGs The Austrian competent authorities (i.e. the Austrian Patent Office and the Austrian Federal Ministry for Health and Women‟s Affairs) receive and review only applications relating to Austrian geographical indications – names of towns and regions (the applicant group must be also based in Austria). Therefore, geographical indication can be registered without special representation. However, if an applicant group wishes to be represented, it can select the proceedings before the Legal Division with professional (patent attorney or law firm or notary) or a non-professional representation. In proceedings before the Appeal Division, if the case may be, the applicant group must take a professional representation. In any case, a written power of attorney must be submitted.

At the national level, once an application is received by the Austrian Patent Office (or by the Ministry), it is examined and indexed. The applicant group may be asked to fill in the missing documents. The Patent Office also as a rule requests the opinion of the Ministry of Agriculture, Forestry, Environment and Water Management or other relevant associations, organizations and institutions.

If the application is complete and acceptable, it is published in electronic form. During the subsequent publication of the four-month period, any person having a legitimate interest or principal place of residence / office in Austria can oppose the application. The grounds for opposition are provided by Article 7 of Regulation No 510/2006. The decision on such an opposition may be subject to appeal (Appeal Division → Administrative Court). If the application documents as amended in opposition proceedings, it must also be published and the modified version can also be objected again.

After the deadline or if objections have been finally settled positively, the Patent Office or the Ministry adopts a decision and forwards all the files to the EU Commission.

Under Article 10 of Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011. In Austria there are 9 inspection bodies for 9 administrative areas:

 Wien (Amt der Wiener Landesregierung - Office of the Provincial Government of Vienna, MA 59, Marktamt Am Modenapark 1-2, A-1030 Wien Tel +43 1 4000 59210 Fax +43 1 4000 99 59210)  Niederösterreich (Amt der Niederösterreichischen – Office of the Provincial Government of Lower Austria, Lebensmittelaufsicht Landhausplatz 1, A-3109 St. Pölten Tel +43 2742 9005 12905 oder 12970 Fax +43 2742 9005 15260);  Steiermark (Amt der Seiertmärkischen Landesregierung - Office of the Provincial Government of Seiertmärkischen, Fachabteilung fur das Gesundheitswesen, Fachreferat 4, Lebensmittelaufsicht Paulustorgasse 4, A-8011 Tel +43 316 877 3530 Fax +43 316 877 5589);  Oberösterreich (Amt der Oberösterreichischen Landesregierung - Office of the Provincial Government of Upper Austria, Direktion Soziales und Gesundheit, Ernährungssicherheit und Veterinärwesen/ Lebensmittelaufsicht Bahnhofplatz 1, A- 4021 Linz Tel +43 732 7720 14272 Fax +43 732 7720 14259);  Tirol (Amt der Tiroler Landesregierung - Office of the Provincial Government of Tirol, Lebensmittelaufsicht Eduard Wallnöfer Platz 3, A-6010 Innsbruck Tel +43 512 508 2669

European Legislation on Protection of Geographical Indications Austria

oder 2664 Fax +43 512 508 2665);  Vorarlberg (Amt der Vorarlberger Landesregierung - Office of the Provincial Government of Vorarlberg, Abt. IVb Gesundheitsrecht – Lebensmittelaufsicht Landhaus, A-6901 Bregenz, Tel +43 5574 511 24210 oder 24212 Fax +43 5574 511 924210);  Salzburg (Amt der Salzburger Landesregierung - Office of the Provincial Government of Salzburg, Ref. 9/03 Sebastian-Stiefgasse 2, A-5020 Salzburg, Postfach 527, Tel +43 662 8042 2705 Fax +43 662 8042 3266;  Burgenland (Amt der Burgenländischen Landesregierung - Office of the Provincial Government Burgenland, Abt 6, Hauptreferat Gesundheit, Lebensmittelaufsicht);  Kärnten (Amt der Kärntner Landesregierung - Office of the Provincial Government of Kärnten, Abt. 12, Sanitätswesen, Lebensmittelaufsicht).

Specific Provisions (Industrial goods) As mentioned above for agricultural products, foodstuffs, wines and sprits there are EC Regulations directly applicable in Austria. For all other goods and services there is a special section of the Geographical Association - Trademark Act § 62 para 4 on protection of special kind of marks as well as the Federal Law against Unfair Competition 1984 – UWG. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (deepening on whether the opposition has been filed).

Costs The registration cost at the national level in Austria is €580. However, half of this amount is refundable if the application is rejected or withdrawn before being forwarded to the European Commission. For the following application from the same applicant group coming from the same area the fee is only €200. There is no need to pay before the application. After the application is accepted for examination within a week a special payment form with a file number would be provided specifying the mode of payment. Examples of Protected Names from Austria At present, there are 13 EC protected geographical names in Austria (with one application pending), among them the PDO Gailtaler Almkäse for cheese, the PGI Tiroler Speck for meat based product, the PGI Steirischer Kren for cultivated horseradish roots and the PDO Wachauer Marille for apricots. Legislation There is no specific Austrian legislation on Protected Designations of Origin and Protected Geographical Indications, as Council Regulation 510/2006 is directly applicable in Austria.

European Legislation on Protection of Geographical Indications Belgium

Belgium

General background information

Belgium is a founding member of the European Union, who signed on 18 April 1951 in Paris a treaty to run heavy industries – coal and steel – under a common management (this Paris Treaty was based on the Schuman plan presented on 9 May 1950). It is a Contracting Party to the Paris Convention from 7 July 1884, member to the Madrid Agreement on Marks from 15 July 1892 and 16 member to the Madrid Protocol on Trademarks from 1 April 1998; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection Before 1992, the signs distinguishing the geographical origin of products, including geographical indications and designations of origin were protected in Belgium on the basis of the rules prohibiting acts of unfair competition and misleading advertising. Under Belgian law, the notion of “geographical indication” included several categories of indications: indications of provenance serving as simple indications of source and appellations of origin signifying the specific quality of products.

Traditionally, all geographical signs were protected against deceptive or false usage. At the same time, certain geographical terms were considered to be fanciful or generic and were allowed to be used freely (examples of fanciful geographical names were “the North Pole” for ice creams and generic “camembert”, “eau de Cologne” or “savon de Marseille”). In general, it was the public perception that determined the function of certain geographical names as being generic or specific, meaning coming from indicated geographical places. In accordance with Article 14 of the Law of 14 July 1991 on commercial practices, information and protection of consumers, certain generic geographical indication were regulated by the Royal Decrees (for example, “filet américain” by Royal Decree of 8 March 1985 on production and trade of raw mincemeat).

Even if some systems of registration of appellations of origin existed for many years on national level, they have never been very successful in Belgium.

Relevant Regulatory Framework The protection regime of appellations of origin and geographical indications in Belgium at present is largely influenced if not absorbed by European legislation, namely EU Regulation 510/2006 in the fields of agricultural products and foodstuffs, and various EU regulations in the sectors of wines and spirits.

Competent National Authority The European rules on the national level are mainly executed by the regions of Belgium, creating in recent years an increased and positive awareness in favour of the protection of regional geographical indications. The regional authorities responsible for the registration and conducting examination of applications for the protection of geographical indications and designations of

16 Source of information: http://www.wipo.int/treaties. 14

European Legislation on Protection of Geographical Indications Belgium

17 18 origin are the Ministry of the Walloon Region, the Ministry of Flemish Region, Department of 19 Agriculture of the Brussels Capital Region and the Ministry of Economics of the Federal 20 Government of Belgium.

 Ministère de la Région wallonne Direction générale de l'Agriculture Division Recherche, Qualité et Développement - Direction de la Qualité des Produits Chaussée de Louvain, 14 - B - 5000 Namur Tél. : 081/649.599 - Fax : 081/649.544 E-mail : [email protected]

 Vlaamse Overheid Departement Landbouw en Visserij Koning Albert II laan 1030 BRUSSEL Tel : 02/552.78.84 – Fax: 02/552.78.71 E-mail: [email protected]

 FOD Economie Algemene Directie Economisch Potentieel City Atrium C Vooruitgangstraat 50 1210 BRUSSEL Tel: 02/277.64.93 E-mail: [email protected]

 SPF Economie Direction générale du Potentiel économique City Atrium C Rue du Progrès, 50 1210 BRUXELLES Tél: 02/277.64.93 E-mail: [email protected]

 Brussels Hoofdstedelijk Gewest Proef- en Ontledingsstation COOVI Emyle Gryzonlaan 1 1070 BRUSSEL

National procedure for PGIs, PDOs and TSGs The national procedure in Belgium starts with a producer association preparing and providing a product dossier to the regional authority (depending on the place of production - the Ministry of the Walloon Region, the Ministry of Flemish Region, Department of Agriculture of the Brussels

17 The official web site of the Ministère de la Région Wallonne is http://mrw1.wallonie.be/ (last visited 19 January 2011).

18 The official web site of the Vlaamse Overheid is http://start.vlaanderen.be/ (last visited 19 January 2011).

19 The official web site of the Brussels Hoofdstedelijk Gewest is http://www.brussel.irisnet.be/ (last visited 25 April 2007).

20 The official web site of the FOD Economie, Algemene Directie Economisch Potentieel is http://mineco.fgov.be/menu/new_en.asp (last visited 19 January 2011). 15

European Legislation on Protection of Geographical Indications Belgium

Capital Region), which will verify that the dossier has all the necessary elements. If not, the producers‟ association requested the complete the file.

Once the file is complete, it is published in the Official Gazette with summary specification and indication that the objection procedure lasts 30 calendar days. The producers group is informed of any opposition and will be given 45 calendar days to response to the objections.

With no or delayed response, the application is deemed withdrawn. Once response is provided, the dossier is submitted to the advisory committee, which examines it within 45 calendar days to formulate a non-binding advice to the Minister.

Minister takes a motivated decision within one month of receiving the advice from the advisory committee. In case of a positive decision, the applicant and objectors will be notified by registered letter and publication of the file will follow. If the decision is negative, the applicant and objectors are notified by registered letter and the procedure is considered to be closed. Publication of the decision and the specification on the regional website would mark another 30 days for further objection from other regions. During that period of 30 days, objections from other regions could be submitted. The Minister assesses the received objections within one month of receipt. If the decision of the Minister is negative, the applicant and objectors will be notified by registered letter. If the final decision is favourable, the application is forwarded to the European Commission.

 Service publique federal Economie, PME, Classes moyennes et Energie Direction générale Contrôle et Médiation Deuxième Division – Services Specializes Section A Contrôle Dépenses FEOGA et Organisation du Marché WTC III Boulevard Simon, 30 B - 1000 - BRUXELLES +32(0)2/277.71.49 +32(0)2/277.54.53 http://mineco.fgov.be

 Federale overheidsdienst Economie, KMO, Middenstand en Energie Controle en Bemiddeling 2e Afdeling: Gespecialiseerde Diensten Sectie A: Controles EU, marktordeningen en voedingsmiddelen WTC III Simon Bolivarlaan 30 B - 1000 - BRUSSEL +32(0)2/277.71.49 +32(0)2/277.54.53 http://mineco.fgov.be

Specific Provisions (Industrial goods) Designations of origin for industrial goods are protected under Articles 16-21 of the Law of 14 July 1991 on Trade Practices and Consumer Information and Protection (Moniteur Belge (MB) of 29 August 1991, page 18712) against: use of a name presented as a designation of origin, 16

European Legislation on Protection of Geographical Indications Belgium when such name has not been recognised as a designation of origin; the manufacture, offering for sale and sale under a designation of origin, of products which do not meet the requirements laid down in respect of recognition of the designation of origin; the manufacture, offering for sale and sale under a designation of origin, of products not covered by a certificate of origin, when such certificate is required. Timeframe and costs

Registration Overall registration makes up to 5 years, at the national level it may be between 2 to 3 years (depending on whether the opposition has been filed).

Costs The Belgian national authorities do not charge any fees for application or posing an opposition. Examples of Protected Names from Belgium There are seven EC protected geographical names in Belgium: the PDO Fromage de Herve (cheese), the PDO Vlams-Brabantse tafeldruif (table grapes), the PDO Beurre d‟Ardenne (butter), the PGI Gentse azalea (flowers), the PGI Pâté Gaumais (paste), the PGI Jambon d‟Ardenne (ham), the PGI Geraardsbergse mattentaart (round cake made with puff pastry and milk curd). Legislation There is no specific Belgian legislation on Protected Designations of Origin and Protected Geographical Indications.

European Legislation on Protection of Geographical Indications Bulgaria

Bulgaria

General background information

Bulgaria became a Member of the European Union on 1 January 2007 (together with Romania). It is a Contracting Party to the Paris Convention from 13 June 1921, to the Madrid Agreement on Indications of Source on 12 August 1975, member to the Madrid Agreement on Marks from 1 21 August 1985 and to the Madrid Protocol on Trademarks from 2 October 2001. Bulgaria is also a Member to the Lisbon Agreement on Appellations of Origin as from 12 August 1975 with over 50 appellations registered in the WIPO register and is a WTO Member since 1 December 1996. National Legal Framework for Protecting Geographical Indications

History of protection 22 In 1999 Bulgaria adopted a new Law on Marks and Geographical Indications, which repealed an earlier 1967 law on appellations of origin. The new law provided for the protection of geographical indications for the first time in Bulgaria. The 1999 Law was last amended by Law N 73 of 5 September 2006.

Following the accession to the European Union on 1 January 2007, all the EC legislation in relation to protection of geographical indications and designations of origin, including EC Regulation 510/2006, is directly applicable in Bulgaria.

23 Council Regulation 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions of the Community, inter alia, in the fields agriculture (including veterinary and phytosanitary legislation) due to accession of Bulgaria and Romania provided in Section 5 “Agriculture” certain transitional measures with respect to protection of geographical indications and designations of origin in these two countries.

Considering that there was no opposition procedure in Bulgaria, the Law was amended on 5 September 2006.

Relevant Regulatory Framework According to the Law on Marks and Geographical Indications there are two categories of protected geographical indications: appellations of origin and indications of source. The definition

21 Source of information: http://www.wipo.int/treaties.

22 Bulgarian Law on Marks and Geographical Indications of 14 September 1999 (in force as of 15 December 1999) see on http://clea.wipo.int/clea/, “Collection of laws for electronical access”, “Bulgaria” (last visited 25 April 2007).; also available at the web site of the Patent Office of Bulgaria on http://www.bpo.bg/en/index.html (last visited 17 January 2011). The law is supplemented by the Regulations on the drafting, filing and examination of applications of marks and geographical indications N° 9 of 1 February 2000.

23 Council Regulation 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, OJ L 363, 20 December 2006, p. 1. 18

European Legislation on Protection of Geographical Indications Bulgaria of the appellation of origin did not change since it was introduced by the Law in 1967 and is identical to the definition provided by the Lisbon Agreement. Appellations of origin, which were registered under the previous law as trademarks, require re-registration in accordance with the criteria of the Law.

It is generally accepted that “Indication of source” refers to a sign that simply indicates that a product originates in a specific geographical region, for example, labels saying “Made in India”, “Product of the Great Britain” or “Swiss Made”. However, the Bulgarian law provides that an indication of source is:

“… the name of a country, region or locality in that country, which serves to designate the goods originating therefrom, whose quality, reputation or other characteristics can be attributed to that 24 geographical origin”.

Therefore, there is no clear distinction between the concepts of appellations of origin and indications of source, as in Bulgaria both of them may be used only for the products whose quality, reputation or other characteristics can be attributed to the geographical origin indicated by the designation in question.

The regime of protection of geographical indications is the same for all products. The Law on Marks and Geographical Indications does not provide for a higher level of protection for wines and spirits compared to any other product. Services are excluded from the scope of the protection.

Legal protection of geographical indications is granted through the registration thereof with the Patent Office of Bulgaria.25 Registered geographical indications may not become generic names as long as they enjoy protection under the Bulgarian Law.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Bulgaria is the Ministry of Agriculture and Foods; however, the Register is kept by the Patent Office.

 Ministry of Agriculture and Foods EU Coordination Directorate 55, Christo Botev Blvd 1040 Sofia – Bulgaria Tel. +359 2 985 11 368 Fax. +359 2 981 23 18 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs The Ministry of Agriculture and Foods examines the application as to its compliance with the requirements of the Law on Marks and Geographical Indications. There is opposition procedure foreseen as from 2006. During the examination period, any deficiencies of the application may be pointed out to the applicant. In this case, the applicant has a three-month period to reply and eliminate the defects. If within that period the applicant fails to present the answers or eliminate the defects, the application will be refused. Where the geographical indication in question is found to comply with the provisions of the Act, the Ministry forwards the application file to the EC

24 Article 51(3) of the Law.

25 For more information consult http://www.bpo.bg/en/index.html (last visited 17 January 2011). 19

European Legislation on Protection of Geographical Indications Bulgaria

Commission. The Patent Office registers the geographical indication in question. The registered name enters the State Register of Geographical Indications.

Only registered users are allowed to use the registered geographical indication and only in respect of the goods identified in the registration.

There are 4 inspection bodies taking part in controlling PDOs and PGIs in Bulgaria:

 National Veterinary Service (Veterinary Health Control Directorate) Pencho Slaveykov blvd, 15A 00 359 2 915 98 47 00 359 2 915 98 31 www.mzh.government.bg

 National Veterinary Service (Capital Inspection "Veterinary Health Control Directorate") General Danail Nikolaev blvd, 7 00 359 2 943 45 64 00 359 2 944 46 02 [email protected] www.mzh.government.bg

 Ministry of Health (Public Health Directorate) Sveta Nedelya Square 5 00 359 2 9301 252 00 359 2 9301 271 00 359 2 988 34 13 www.mh.government.bg

 National Plant Protection Service (Phytosanitary Control Department) Hristo Botev blvd, 17 00 359 2 91 73 735 00 359 2 91 73 734 www.nsrz.government.bg

Specific Provisions (Industrial goods) In Bulgaria the Law on Trademarks and Industrial Designs provides for the protection of appellations of origin for industrial goods. Legal protection is granted as trademark through their registration at the Patent Office.

European Legislation on Protection of Geographical Indications Bulgaria

Timeframe and costs

Registration Overall registration makes up to 3 years, at the national level it may be between 1 to 1,5 years (depending on whether the opposition has been filed).

Costs The Ministry of Agriculture and Foods does not indicate whether any fees are charged. But the Patent Office collects fees for: filing of applications; registration; issue of certificates; acceleration of examination as to substance; correction of errors; appeals against rejections, revocation and invalidation; publications of the application. Examples of Protected Names from Bulgaria There are no registered PDOs or PGIs in the EU from Bulgaria yet. At present only one application for a PGI “Горнооряховски суджук” or “Gornooryahovski sudzhuk” was published. Gornooryahovski Sudzhuk is a compacted, non-perishable, raw, dried sausage manufactured from natural gut filled with machine-minced beef, intended for direct consumption. Legislation Bulgarian Law on Marks and Geographical Indications of 14 September 1999, as amended in 2006. The latest amendment of the Law was on 9 March 2010, but that version is only available in Bulgarian.

European Legislation on Protection of Geographical Indications Cyprus

Cyprus

General background information

Cyprus became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia and Hungary). It is a Contracting Party to the Paris Convention from 17 January 1966 and member to the Madrid 26 Agreement and Protocol on Trademarks from 4 November 2003; and is a WTO Member since 30 July 1995. National Legal Framework for Protecting Geographical Indications

History of protection Before entering into the EU, Cyprus adopted the Law on Appellation of Origin and Geographical 27 Indications for Agricultural Products and Foodstuffs of 2002. The Law was adopted pursuant to Council Regulation 2081/92 of 14 July 1992 and is very similar to that Regulation.

Relevant Regulatory Framework EC Regulation 510/2006 is directly applicable and new administrative procedure of registration on the national level has been introduced. This procedure also includes the possibility to object the registration at the national level.

Commission Regulation 918/2004 of 29 April 2004 introduced transitional arrangements for the protection of geographical indications and designations of origin for agricultural products and foodstuffs in connection with the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia allowing the new EC Members to have in place transitional protection to their GIs till 31 October 2004.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs on Cyprus 28 is the Ministry of Agriculture, Natural Resources and Environment.

 Ministry of Agriculture, Natural Resources and Environment 1411 Nicosia Cyprus Tel: +357 22 408317 Fax: +357 22 781156 E-mail: [email protected]

26 Source of information: http://www.wipo.int/treaties.

27 The Law on Appellation of Origin and Geographical Indications for Agricultural Products and Foodstuffs of 2002, (N.7(I)/2002).

28 The official web site of the Ministry of Agriculture, Natural Resources and Environment is http://www.moa.gov.cy. (last visited 24 January 2011). 22

European Legislation on Protection of Geographical Indications Cyprus

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006.

The official controls are conducted by the Department of Agriculture:

 Department of Agriculture Louki Akrita Avenue, 1412, Nicosia 35722408519 35722781425 [email protected] www.moa.gov.cy/da

Specific Provisions (Industrial goods) No information available. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (depending on whether the opposition has been filed). Costs The Ministry of Agriculture, Natural Resources and Environment does not indicate the fees for application or opposition in relation to Protected Designations of Origin or Protected Geographical Indications. Examples of Protected Names from Cyprus At present there is only one registered PGI from Cypros in the EC Register “Λουκούμι Γεροζκήπου” or “Loukoumi Geroskipou”. It is a soft, chewy, sugar-powder covered cubical sweet available in many flavours with or without nuts.

There are also 2 applications for PGI “Κουθέηα Αμυγδάλου Γεροζκήπου” or “Koufeta Amygdalou Geroskipou” (for sugared almonds) and PDO “Χαλλούμι” or “Halloumi” (for cheese). Legislation The legislation of Cyprus is available only in Greek from the official web site of the Ministry of Agriculture, Natural Resources and Environment is http://www.moa.gov.cy.

European Legislation on Protection of Geographical Indications Czech Republic

Czech Republic

General background information

Czech Republic became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Estonia, Latvia, Lithuania, Poland, Hungary, Slovakia, Slovenia and Cyprus). It is a Contracting Party to the Paris Convention, the Madrid Agreement on Indications of Source, the Madrid Agreement on Marks from 1 January 1993, and as from 25 September 29 1996 member to the Madrid Protocol on Trademarks. Czech Republic is also a Member to the Lisbon Agreement on Appellations of Origin as from 1 January 1993 with 76 appellations registered in the WIPO and Czech Republic is a founding WTO Member (from 1 January 1995). National Legal Framework for Protecting Geographical Indications

History of protection The Czech Republic has a long tradition of recognition and protection of geographical indications. In the former Czechoslovakia the use of appellations of origin was regulated by the special Act 159/1973 on the Protection of Appellations of Origin of Products (with special Implementing Order N° 160/1973 concerning the Procedure in respect registration and protection of Appellations of Origin of Products). Both these acts were repealed by the Act N° 452 of 29 November 2001 on the Protection of Designations of Origin and Geographical Indications and on 30 Amendment to the Act on Consumer Protection.

When Czechoslovakia split, there were 154 appellations of origin registered at the national register. In accordance with the Agreement of 7 October 1993, signed between the presidents of the Industrial Property Office of the Czech Republic and the Industrial Property Office of the 31 Slovak Republic, 87 of them were recorded in the register of the Czech Office. At the moment there are more than 200 geographical indications registered in the Register of the Industrial 32 Property Office.

Relevant Regulatory Framework Before entering into the European Union, the protection of geographical indications and designations of origin resulted from registration in the register of the Industrial Property Office, which used to be the competent authority for the registration procedure under Act 452/2001. However, after becoming a party to European Union on 1 May 2004, Czech Republic had to implement all the EC legislation in relation to protection of geographical indications. Since that date all the Community laws, including those on protection of geographical indications, were fully binding and directly applicable on the territory of Czech Republic.

29 Source of information: http://www.wipo.int/treaties.

30 Act on the Protection of Designations of Origin and Geographical Indications and on Amendment to the Act on Consumer Protection N° 452 entered into force on 1 April 2002.

31 Industrial Property Office of the Czech Republic, for more information consult http://www.upv.cz.

32 Find the list of the registered appellations of origin on http://www.upv.cz, “Appellations of Origin”, “List”, (last visited 22 January 2011). 24

European Legislation on Protection of Geographical Indications Czech Republic

Under Czech Act N° 452 of 2001 on the Protection of Designations of Origin and Geographical Indications no opposition procedure was foreseen. Now this Act has been amended. EC Regulation 510/2006 is directly applicable and the new administrative procedure of registration on the national level was introduced in 2006. This procedure also included the possibility to object the registration at the national level.

Competent National Authority 33 34 The Ministry of Agriculture of the Czech Republic and the Industrial Property Office are the competent authorities for issues related to the designations of origin, geographical indications and names of traditional specialties.

 Úřad průmyslového vlastnictví Atonína Čermáka 2ª 160 68 Praha 6 – Bubeneč Tel. +420 220 383 111 Fax. +420 224 324 718 E-mail: [email protected]

 Ministerstvo zemědělství ČR Těńnov 17 117 05 Praha 1 Tel. +420 221 811 111 Fax.: +420 224 810 478 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs The national procedure of registration starts with the preparation by the applicant of the file with extracts of evidence from the State administration body within the territory where the production, processing and preparation of products is taking place.

If the application concerns an agricultural product or a foodstuff intended for human nutrition or an agricultural product not intended for human nutrition, whose files are within the competence of the Department of Agriculture. The Industrial Property Office starts the examination of the application once the Ministry of Agriculture confirmed that the application meets the requirements for registration.

If the application lacks some of the prerequisites provided by law, the Industrial Property Office calls upon the applicant to complete the file, it sets a time limit, which cannot be shorter than two months and warns the applicant that in case of failure to respect the given deadline it would terminate the procedure.

If the appellation is excluded from the registration or if it does not meet the requirements stated by this law, the Industrial Property Office refuses the registration.

33 The official web site of the Ministry of Agriculture of the Czech Republic is http://www.mze.cz (last visited 22 January 2011). 34 Industrial Property Office of the Czech Republic, for more information consult http://www.upv.cz. 25

European Legislation on Protection of Geographical Indications Czech Republic

It is possible to file an appeal against a first instance decision of the Intellectual Property Office within 15 days since the delivery of a decision. An appeal filed duly functions as a postponement (statute § 61 of the Law No. 71/1967 Coll. on Administrative Proceedings (Administrative Code), as amended.

In case of positive decision after the registration the Industrial Property Office may forward the file to the EC Commission for registering at the EU level.

In the Czech Republic the system of independent quality controls conducted by the private and public inspection bodies have been also introduced and monitored by the Ministry of Agriculture, in particular, the State Phytosanitary Inspection, the State Veterinary Inspection and the Central Institute for Supervising and Testing in Agriculture:

 Státní potravinářská a zemědělská inspekce Květná 15, 603 00 Brno +420543540111 +420543540202 [email protected] www.szpi.gov.cz

 Státní veterinární správa ČR Slezská 7, 120 00 Praha 2 +420227010186 x [email protected] www.svscr.cz

 Ústřední kontrolní a zku e ní stav zemědělsk Hroznová 2, 656 06 Brno +420543548111x [email protected] www.ukzuz.cz

Specific Provisions (Industrial goods) The protection of appellations of origin for industrial products is governed by the Law No. 159/1973 Coll. concerning the Protection of Appellations of Origin of Products and by the implementing Order No. 160/1973 Coll. concerning the Procedure in respect of Appellations of Origin of Products. The protection of appellations of origin under this Law results from its registration in the Register of appellations of origin kept by the Industrial Property Office.

There is one regime of protection of geographical indications for different products (as described above).

European Legislation on Protection of Geographical Indications Czech Republic

Timeframe and costs

Registration Overall registration makes over 2 years, at the national level it may be between 3 to 5 months (depending on whether the opposition has been filed).

Costs The Industrial Property Office provides the following fees: 1) Receipt of the application for registration of an appellation of origin/geographical indication 4,000 SZK (approximately € 165); 2) Receipt of the application for international registration of an appellation of origin 2,500 SZK (approximately € 104); 3) Receipt of the request for cancellation of registration of an appellation of origin/geographical indication 2,000 SZK (approximately € 86); 4) Assignment of the application for protection of an appellation of origin/geographical indication to the Commission of the European Communities 500 SZK (approximately € 20). Examples of Protected Names from Czech Republic There are 25 geographical names from the Czech Republic registered in the EU (19 PGIs and 6 PDOs). The most famous Czech appellations of origin registered are for beers: PGIs “Plzeňské pivo” (Pilsen Beer), “Budějovické pivo” (Budweis Beer); for agricultural products: PGI “Ņatecký chmel český” (Saaz Hops), PGI “Trńický chmel moravský”, PDO “Úńtecký chmel – český” (Auscha Hops), PDO “Třeboňský kapr” (fish).

Very well known appellations of origin for wines Pálavské bílé, Pavlovické ohnivé, Slovácký rubín; for liqueurs: Prostějovická staroreņná, Slovácká borovička, Karlovarská hořká, Bohemia sekt rosé; and handicraft products: Jablonecká biņutérie (Jablonec Jewellery), Český křińťál (Bohemia Crystal), Vamberská krajka (Lace of Vamberk). Legislation Act No. 452 of 29 November 2001 on the Protection of Designations of Origin and Geographical Indications and on the Amendment to the Act on the Consumer Protection.

European Legislation on Protection of Geographical Indications Denmark

Denmark

General background information

Denmark joined the European Economic Communities on 1 January 1973 (together with the United Kingdom and Ireland). It is a Contracting Party to the Paris Convention from 1 October 35 1894 and member to the Madrid Protocol on Trademarks from 13 February 1996; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection Denmark belongs to a group of countries that did not have any specific legislation on the protection of geographical indications before 1993, as not having a tradition of protecting “typical” or “geographical products”.

Relevant Regulatory Framework The EC legislation on the protected geographical indications and designations of origin is directly applicable and no other national laws have been introduced for the protection of geographical and traditional names.

Competent National Authority The national authority in charge of PDOs and PGIs in Denmark is the Danish Veterinary and 36 Food Administration (Fødevarestyrelsen) of the Ministry Food, Agriculture and Fisheries:

 Fødevarestyrelsen Mørkhøj Bygade 19 2860 Søborg Tlf. +45 33 95 60 00 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs EC Regulation 510/2006 is directly applicable and new administrative procedure of registration on the national level has been introduced. This procedure also included the possibility to object the registration at the national level. The national authority in charge of applications and examinations of PDOs and PGIs in Denmark is the Danish Veterinary and Food Administration (Fødevarestyrelsen).

35 Source of information: http://www.wipo.int/treaties.

36 The official web site of the Danish Veterinary and Food Administration is http://www.uk.foedevarestyrelsen.dk/forside.htm (last visited 18 January 2011). 28

European Legislation on Protection of Geographical Indications Denmark product meets the specifications. The applicants nominate the inspection body. This may be a public body (in some cases the Trading Standards Office) or a private one. Under Article 10 of Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011.

There are 3 national controlling departments of the Danish Veterinary and Food Administration (respectively for eastern part, southern and northern parts):

 Fødevarestyrelsen Fødevareregion Øst Søndervang 4 DK-4100 Ringsted 0045 / 72 27 60 00 0045 / 72 27 60 01 [email protected] www.fvst.dk

 Fødevarestyrelsen Fødevareregion Syd DK-Tysklandsvej 7 7100 Vejle 0045 / 72 27 55 00 0045 / 72 27 55 01 [email protected] www.fvst.dk

 Fødevarestyrelsen Fødevareregion Nord Sønderskovvej 5 DK-8520 Lystrup 0045 / 72 27 50 00 0045 / 72 27 50 01 [email protected] www.fvst.dk

Specific Provisions (Industrial goods) The protection for geographical indications is provided through provisions in the Danish Marketing Practices Act, No. 428 of 1 June 1994 (Markedsfringsloven) and the Danish Food Act, No. 310 of 6 June 1973 (Levnedsmiddelloven). Such protection does not require registration. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (depending on whether the opposition has been filed). Costs The Food Division of the Department of Agriculture and Food does not charge any fees for application or posing an opposition.

Examples of Protected Names from Denmark There are only three EC protected geographical names in Denmark: the PGIs Danablu, Esrom, and Lammefjordsgulerod.

Danablu is a blue cheese, produced of cow milk, with its roots in the French Roquefort. The Danablu has been produced in Denmark since the 1920s.

Esrom is a Trappist-style pale yellow semi-soft cow‟s milk cheese. The name derives from the Esrom monastery where it was produced until 1559. The production method was rediscovered in 1951.

European Legislation on Protection of Geographical Indications Denmark

Lammefjordsgulerod is a carrot produced in the region of Lammefjorden, located on Själland. After draining certain parts of the Lammefjorden in 1873, the land was used for agricultural purposes. The nutritious mud gives the carrot its particular characteristic.

At present, there are 4 applications from Denmark for PGIs: Danbo and Havarti (for cheeses), Vadehavslam and Vadehavsstude (for fresh meat). Legislation There is no specific Danish legislation on Protected Designations of Origin and Protected Geographical Indications.

European Legislation on Protection of Geographical Indications Finland

Estonia

General background information

Estonia became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Cyprus, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia and Hungary). It is a Contracting Party to the Paris Convention from 24 August 1994 and member to the Madrid 37 Protocol on Trademarks from 18 November 1998; and is a WTO Member since 13 November 1999. National Legal Framework for Protecting Geographical Indications

History of protection National protection for geographical indications in Estonia is provided by the Geographical 38 Indication Protection Act of 1999. The recognition and protection of geographical indications requires registration. In Estonia, there is a single regime of protection for all products with an extended protection for alcoholic beverages. The established legal framework of Estonia is in line with EC Regulation 510/2006.

The register of geographical indications was established and approved by the Government of the Republic of Estonia in 1999.

Relevant Regulatory Framework Since becoming a party to European Union on 1 May 2004, Estonia implemented all the EC legislation in relation to protection of geographical indications. Therefore, all the Community laws, including those on protection of geographical indications, are fully binding and directly applicable on the territory of Estonia.

Section 7 of the Estonian Trademark Act excludes “trademarks which are of such nature as to deceive the consumer as to the kind, quality, quantity, intended purpose, value or geographical origin of the goods and services, the time of production of the goods or of the rendering of the services, or other characteristics of the goods or services and trademarks which contain a registered geographical indication or are confusingly similar to it if it may result in an unlawful use 39 of the geographical indication” from registration.

37 Source of information: http://www.wipo.int/treaties.

38 Protection of Geographical Indications Act of December 15, 1999, electronically available at http://www.epa.ee/geogr/geoact.htm (last visited 19 January 2011).

39 Estonian Trademark Act of 1992, find on http://www.epa.ee/kaubam/markact.htm (last visited 19 January 2011). 31

European Legislation on Protection of Geographical Indications Finland

Section 12 of the Geographical Indication Protection Act provides for the right of prior use of a trademark containing a geographical indication. Section 19 of the Act stipulates that any interested person may request a declaration of invalidity of a trademark registered for identifying an alcoholic beverage before the date of entry into force of this Act if the trademark contains a registered geographical indication or is misleadingly similar to it, and the alcoholic beverage identified by the trademark in question does not originate in the geographical area indicated by the geographical indication.

The Act has specific provisions relating to the use of registered geographical indications in respect of alcoholic beverages. First of all, the Act defines homonymous geographical indications for wines as “identical or misleadingly similar words or figurative indications which are used for identifying different wines” and identifies three groups of homonymous names with:

 the same pronunciation and spelling;  the same pronunciation but different spelling;  different pronunciation but the same spelling.  According to the Act, legal protection is accorded to each homonymous indication independently, however, the user of a homonymous indication is obliged to provide the wine label with information sufficient to differentiate one homonymous indication from another in order to avoid misleading the consumers.

In addition to the protection given to all geographical indications, a registered geographical indication for alcoholic beverage may not be used for identifying alcoholic beverage not originating in the geographical area indicated by the geographical indication in question, including cases where the true origin of the alcoholic beverage is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like.

Competent National Authority The competent authorities for the registration of geographical indications are the Ministry of Economic Affairs and the Ministry of Agriculture of Estonia and the Patent Office (the authorized processor of the register). The language of the register is Estonian.40

 EESTI VABARIIGI PÕLLUMAJANDUSMINISTEERIUM Kaubanduse ja põllumajandussaadusi töötleva tööstuse osakond Turu arendamise bu roo Lai 39/41 15056 TALLINN Tel +372 6256 288 E-mail [email protected]

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006. Any interested person or supervisory agency may submit an opposition to the Ministry of Agriculture of Estonia against the published application within prescribed period of 2 months.

Under Estonian law the registration of geographical indications is carried out by the application system or registration system.

40 There is a requirement for documents in foreign language to be submitted to the register together with an Estonian translation. 32

European Legislation on Protection of Geographical Indications Finland

The Patent Office does not examine whether the geographical indication the registration of which is applied for is protectable as a geographical indication under the Geographical Indication Protection Act. This is done by the Ministry of Agriculture. The Patent Office solely examines the fulfillment of the formal requirements related to the registration of geographical indications (the form, contents and terms for filing of the required documents).

A geographical indication is granted legal protection by registering the geographical indication in the state register of geographical indications and the corresponding announcement is published in the Official Gazette of the Patent Office.

The registration of a geographical indication may be contested by administrative or civil proceeding.

Any interested person may contest the data entered in the state register and demand the amendment thereof in court.

Supervision over the lawfulness of use of a protected geographical indication, including the complying of the good or service identified with the geographical indication with the description contained in the register, is exercised by the following Estonian agencies according to their competence:

41  Plant Production Inspectorate; 42  Consumer Protection Board; 43  Veterinary and Food Board.

A supervisory agency exercises supervision on its own initiative or on the basis of a request from an interested person. An official of a supervisory agency has the right to receive all information necessary for exercising supervision and to take samples for establishing potential offence, from the register free of charge and from state agencies, agencies administered by state agencies, local government agencies and legal and natural persons.

 Veterinary and Food Board Väike-Paala 3, 11415 Tallinn, Estonia 00372 6051710 00372 6211441 [email protected] http://www.vet.agri.ee

41 For more information on the Estonian Plant Production Inspectorate (Taimetoodangu Inspektsioon) consult http://www.plant.agri.ee/ (last visited 19 January 2011).

42 For more information on the Estonian consumer Protection Board (Tarbijakaitseametist) consult http://www.consumer.ee/ (last visited 19 January 2011).

43 For more information consult the official site of the Ministry of Agriculture http://www.agri.ee/ (last visited 19 January 2011). 33

European Legislation on Protection of Geographical Indications Finland

Specific Provisions (Industrial goods) Protection for geographical indications for industrial goods is provided through the Geographical Indication Protection Act, as well as through the relevant provisions of the Competition Act on unfair competition (Chapter 8, Sections 28 and 29) and the Commercial Code (Section 63). Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (deepening on whether the opposition has been filed).

Costs State fees (subject to payment under the State Fees Act) are paid to the Ministry of Finance of the Republic of Estonia bank account:

 For filing of an application for registration of a geographical indication EEK1600 (€102.25);  For filing of an application for an entry of amendment of the data of a geographical indication EEK 500 (€ 31.95);  For extension of the term for elimination of deficiencies in an application for registration of a geographical indication, and for provision of explanations EEK 500 (€31.95). Examples of Protected Names from Estonia There are several geographical indications registered under the Geographical Indications Protections Act, among them Võru Juust, Saaremaa Juust, Põltsamaa Juust for cheeses, Värska 44 for mineral water, Põltsamaa for wine. Registration of Estonian geographical indications for agricultural products and foodstuffs is now considered by the EC Commission. Legislation The Geographical Indication Protection Act of 1999.

44 For more information consult the register of geographical indications at http://www.epa.ee. (last visited 19 January 2011). 34

European Legislation on Protection of Geographical Indications Finland

Finland

General background information

Finland acceded to the European Union on 1 January 1995 (the forth enlargement with Austria and Sweden). It is a Contracting Party to the Paris Convention from 20 September 1921 and 45 member to the Madrid Protocol on Trademarks from 1 April 1996; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection There was no specific legislation in Finland on the protection of geographical indications before entering into the EC on 1 January 1995, as the country did not have a tradition of protecting “geographical” or “typical products”. The EC legislation on the protected geographical indications and designations of origin is directly applicable and no other national laws have been introduced for the protection of geographical and traditional names.

Relevant Regulatory Framework EC Regulation 510/2006 is directly applicable and new administrative procedure of registration on the national level has been introduced. This procedure also included the possibility to object the registration at the national level.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Finland is 46 the Ministry of Agriculture and Forestry.

National procedure for PGIs, PDOs and TSGs The Ministry of Agriculture and Forestry checks the applications submitted by producer groups to ensure they meet the criteria laid down in the EU Regulation and, when content, forwards the application to the European Commission.

In compliance with Article 5.5 of Council Regulation 510/2006, once an application has been completed and submitted to the relevant department, a national objection procedure is initiated where the application is made public, and anyone with a legitimate interest may lodge an objection to the application within the given timescale (4 months). Once any objections have been considered, the MAF officials decide whether the application should be submitted to the Commission. If so, this decision will be made public, the final version of the application will be published, and a further opportunity for appeal provided. Comments must be received within 14 working days of publication.

45 Source of information: http://www.wipo.int/treaties.

46 The official web site of the Ministry of Agriculture and Forestry is http://www.mmm.fi (last visited 16 December 2010). 35

European Legislation on Protection of Geographical Indications Finland

In Finland, there are 2 inspection bodies – the Finish Food Safety Authority and the National Product Control Agency for Welfare and Health, both situated in Helsinki.

 Finnish Food Safety Authority Evira Mustialankatu 3 FI-00790 Helsinki +358 20 77 24 296 +358 20 77 24 350

 National Product Control Agency for Welfare and Health (STTV) PL BOX 210 FI-00531 Helsinki +358 9 39 67 2754 +358 9 39 67 2798

Specific Provisions (Industrial goods) Geographical indications in Finland enjoy general protection under the Consumer Protection Act (No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts.

The Unfair Business Practises Act of Finland provides for specific remedies to prevent forms of exploitation described in Article 22.2 (a) and (b) of the TRIPS Agreement. Also, the Trademarks Act provides a general obligation to refuse registration in cases where the mark applied for is misleading. Thus, a geographical indication must not indicate an origin if there is no real connection between the indicated origin and the used geographical indication. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (deepening on whether the opposition has been filed). Costs The Ministry of Agriculture and Forestry does not charge any fees for application or posing an opposition. Examples of Protected Names from Finland There are 7 names registered as PGIs and PDOs in Finland. Among them, PDO “Lapin Poron Kuivaliha” for dried salted reindeer meat, PDO “Lapin Poron Liha” for Lapland reindeer meat, PGI “Sahti” for beer and PGI “Kainuen Rönttönen” for special pastry. At present one PDO “Lapin Poron Kylmäsavuliha” for cold smoked reindeer meat from Lapland is published and soon due to be registered in the EU.

European Legislation on Protection of Geographical Indications Finland

Legislation There is no specific Finish legislation on Protected Designations of Origin and Protected Geographical Indications, as Council Regulations 510/2006, 1234/2007 and 110/2008 are directly applicable in Finland.

European Legislation on Protection of Geographical Indications France

France

General background information

France is a founding member of the European Union, who signed on 18 April 1951 in Paris a treaty to run heavy industries – coal and steel – under a common management (this Paris Treaty was based on the Schuman plan presented on 9 May 1950).

France is a Contracting Party to the Paris Convention from 7 July 1884, to the Madrid Agreement on Indications of Source and the Madrid Agreement on Marks from 15 July 1892 and member to the Madrid Protocol on Trademarks from 7 November 1997.47 France is also a Member to the Lisbon Agreement on Appellations of Origin as from 25 September 1966 with over 500 appellations registered in the WIPO.

France is a founding WTO Member since 1 January 1995.

National Legal Framework for Protecting Geographical Indications

History of protection France is the first country that developed the systematic legal protection of geographical indications. The first general laws in France on geographical indications were introduced in 1905. Geographical indications are protected in France by a variety of regulations relating to agricultural products and foodstuffs, wines, and general consumer protection laws.

There are three categories of geographical indications provided for by French law:

 Indications of source („indications de provenance‟), protected through unfair competition law („acte de concurrence déloyale‟) and through the Law of 1 August, 1905 („usurpation de dénomination‟);48  Appellation of origin („appellation d‟origine‟), received a detailed protection under the Law on the Protection of Appellations of Origin of 6 May, 1919;  Geographical indications („indications géographique‟), introduced by the Law of 3 January 1994 on the recognition of the quality of agricultural products and foodstuffs.49

The Law of 1 August 1905 made the French government responsible for the administrative recognition of appellations of origin and allowed imposition of fines on those who would mislead or even attempted to mislead the contracting party as to the origin of goods. This Law leads to the adoption of a number of decrees providing the definition of production area boundaries and 50 51 52 the recognition of names such as Cognac, Bordeaux and Armagnac.

47 Source of information: http://www.wipo.int/treaties.

48 Journal Officiel, August 5, 1905. For the historical development, see P. Roubier, “Le Droit de la Propriété Industrielle”, 44 Trademark Reporter (1954), p. 722.

49 Loi 94-2, du 3 janvier 1994, relative à la reconnaissance de qualité des produits agricoles et alimentaires, of 4 January 1994, p. 131.

50 The Decree of 1 May 1909 and subsequent amendments cover the region where Cognac can be produced, the varieties of grapes used, the type of pressing and vinification, the distillation, and the ageing. For more information consult 38

European Legislation on Protection of Geographical Indications France

The Law of 6 May 1919 on appellations of origin established appellation of origin as a collective intellectual property right. The 1919 Law gave judges the competence to regulate the use of geographical names.

As a result, a large number of appellations of origin for wines in France were declared after the Law of 1919 was adopted. The first product other than wine was Roquefort cheese protected as an appellation of origin from 1925.

The Law of 26 May 1930 on indications of provenance provided the definition of an indication of provenance and set out penalties for false use.

In 1935 the Decree of 30 July on controlled appellations of origin for wines established a special category of controlled appellations of origin (AOC) for wines and spirits, and set up an institution to specify production requirements: the National Committee for Wines and Spirits. In 1947 this 53 committee became the National Institute of Appellations of Origin for Wines and Spirits (INAO). In 1990 the Law on Protection of Appellations of Origin of 1919 was amended substantially and 54 has since been incorporated into the Consumer code (Code de la Consommation). The changes required by EC Regulation 510/2006 on the protection of geographical indications and 55 designations of origin for agricultural products and foodstuffs were incorporated to the French law by the Law 94-2 of 3 January 1994 on the recognition of the quality of agricultural products 56 and foodstuffs. These changes concerned:

 introduction to French law of a new concept of protection of geographical indications;  recognition of protection of AOC and GIs for all agricultural products, not only for wines and spirits.

Relevant Regulatory Framework The relevant Regulatory Framework of France is the special sections of the Consumer Code. Article L115-1 of the Consumer Code defines an appellation of origin as follows:

“… the name of a country, region or locality serving to designate a product originating therein the quality and characteristics of which are due to the geographical environment, including both 57 natural and human factors”.

http://www.cognac-tercinier.com/histoire/cognacstory (last visited 14 January 2011).

51 The Decree of 1 May 1909 determined the territory where Bordeaux wine can be produced. For more information consult: http://www.history-of-bordeaux.co.uk (last visited 14 January 2011).

52 The Decree of 25 May 1909 defined the permitted boundaries for the production of Armagnac and its three regions (Bas-Armagnac, Armagnac-Tenarèze, Haut-Armagnac). For more information consult : http://www.armagnac.fr (last visited 14 January 2011).

53 L' Institut National des Appellations d'Origine (http://www.agriculture.gouv.fr) (last visited 10 January 2010).

54 Loi 93-949 du 26 juillet 1993, Journal Officiel, 27 July 1993.

55 Council Regulation 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 208, 24/07/1992, p. 1, as amended by Council Regulation 535/97 of 17 March 1997, OJ L 83, 25/03/1997, p. 3.

56 Loi 94-2, du 3 janvier 1994, relative à la reconnaissance de qualité des produits agricoles et alimentaires, of 4 January 1994, p. 131.

57 Code de Consommation, Chapitre V “Valorisation des produits et des services”, Section 1 “Appellations d‟origine”, Article L115-1, see on http://www.legifrance.gouv.fr/ (as last amended by Loi N° 2010-788 du 12 Julliet 2010) (last visited 10 January 2010). 39

European Legislation on Protection of Geographical Indications France

This definition is similar to the definition of PDOs provided by Regulation 510/2006.

As from 1 July 1995, all appellations of origin (AO) became Appellation d‟Origine Contrôlée (AOC), with the exception of quality wines and appellations of origin from France‟s overseas départements, which retained their previous status. An Appellation d‟origine contrôlée is also defined by Articles L115-6 of the Consumer Code as:

“… an appellation of origin in the agricultural products and foodstuffs sector, with a duly established reputation and an approval procedure defined by a decree passed on an INAO proposal setting out the relevant boundaries and requirements pertaining to production and approval.”

AOCs are governed by decrees that regulate in detail the conditions for manufacture of the products qualifying for them, in particular, with respect to the production area and the techniques 58 used.

The principle of the AOC in France rests on two elements:

 it depends on the specifications, which define the geographical production zone, fix the methods of productions, detail the proof put on the product origin (traceability) and 59 describe the connection between the product and the region;  the obligatory control of the specifications is carried out on all levels (farmer, transformer, merchant) of production and trade.

Competent National Authority The Ministry of Agriculture and Fisheries is the national authority responsible for overall quality policy in France and the INAO has now the responsibility to conduct the national examination of the appellations of origin and geographical indications for all products as provided in Regulation 510/2006.

The Institute‟s mandate has been to submit proposals to government regarding the recognition of appellations of origin by drawing up the necessary regulations, and to inspect and protect them at national and international levels. It has legal personality and the capacity to be a party to legal proceedings.

 Ministère de l'Agriculture et de la Pèche Direction des politiques économique et internationale (DPEI) Bureau des signes de qualité et de l'agriculture biologique 3, rue Barbet de Jouy 75349 PARIS 07SP

 INAO (Institut National des Appellations d'Origine) 51, Rue d'Anjou 75008 PARIS

National procedure for PGIs, PDOs and TSGs The French legislation has the same registration requirements as a Protected Designation of Origin in the European Regulation 510/2006. However, the notion of “particular qualities” of agricultural products is more precise in the French law. The specifications of the products take into account not only the geographical origin and tradition, which serve as the differentiation base

58 For example, Decree of 29 December 1986 registered designation of origin “Roquefort”.

59 A link between the region of origin and certain characteristics of the product must be shown. 40

European Legislation on Protection of Geographical Indications France

60 of typical regional products, but also the ecological dimension and specific organoleptic 61 characteristics where the technology is not capable of being reproduced.

A link between the region of origin and most of the characteristics of the product has to be shown. The Law on the Protection of Appellations of Origin not only controls the geographical origin, but also the quality of the products. Geographical names, therefore, traditionally served not only as a statement of origin, but also as a guarantee of quality and the maintenance of certain characteristics.

Similarly to Regulation 510/2006, under the Law on Protection of Appellations of Origin, geographical names could not be regarded as generic terms, once a name of a product has been recognized and registered as an appellation of origin. Producers are granted the exclusive right to use the appellation of origin („exclusivité d‟origine‟), which allowed them to prohibit the use of that appellation for any other product, whether similar or not, “where such use is liable to detract 62 from or weaken the notoriety of the appellation of origin”.

The registration procedure for appellations of origin is similar to the procedure introduced by Regulation 510/2006 for the protection of designations of origin and geographical indications. To create an AOC the producers must develop a “syndicat de défense” (defence union) to manage the future application. This “syndicat de défense” prepares, in consultations with the INAO, an application file containing, as required by Regulation 510/2006 a specification and single document. These documents must explain and provide:

 the reasons underlying the AOC request;  proof of notoriety, information on the name‟s use and the products‟ reputation, giving historical data;  proof of a link between the product and the natural, technical, and social conditions which confer to the product its typicality;  a financial study (including inter alia market, networks, price, added value in relation to other similar products).

This complete file is published and sent to the INAO, which prepares and submits its own dossier to the National Committee. The National Committee is a consulting body for all questions related to geographical indications in France, which has the decision-making power for the recognition and fixing of the production conditions for the AOC. There are four National Committees:

 the National Committee for Wines and Sprits,  the National Committee for Dairy Products (cheeses),  the National Committee for Agricultural Products and 63  the National Committee for Protected Geographical Indications.

During that state it is possible to object to the registration and provide arguments for objections within the time limit indicated by the National Committee (at least 3 months).

60 The ecological dimension of products refers to a particular production means respecting the environment. For example, for products of animal origin, the ecological components include respect of the needs and the well being of the animals, depending on the system of rearing and raising. From production processes and manufacturing the use of chemicals is minimised in order to limit recourse to methods changing the environment.

61 This means that production processes are oriented so as to optimise the organoleptic qualities of the product. For example, in the case of meat production, a low intensity (but longer duration) fattening and prolonged maturation of the meat leads to better quality.

62 L115-4 of the Law on Protection of Appellations of Origin.

63 For more information consult: http://www.agriculture.gouv.fr. 41

European Legislation on Protection of Geographical Indications France

In the case of approval, the INAO publishes the name and application file in the French Journal Officiel.

The INAO‟s National Committee gives its approval and draws up the official version of the decree, which sets out the product specifications. This is eventually published in the French Journal Officiel, signed jointly by the Ministry of Agriculture and the Ministry of Finance and than forwarded to the EC Commission to registration in the EC register of PGIs and PDOs. The procedure can take from three to ten years.

Under Article 10 of Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011.

In France, INAO is responsible for inspections and analytical/organoleptic tests for AOC products as required under Regulation 510/2006.

Specific Provisions (Wines, spirits and Industrial goods) 64 65 With respect to wines, from 1935 until 1970 France developed its own concept of AOC for wines. However, since 1970 France has been implementing EC regulations on quality wines produced in specified regions (“quality wines psr”) and protected designations of origin. 66 Regulation 1234/2007 and all other EC regulations on wines and spirits apply in France.

The EC legislation provides for two main categories of protected geographical names for wines: quality wines produced in specific regions, so-called quality wines psr or vins de qualité produits dans une région délimitée (VQPRD)), and table wines or vins de table.

In France, there are two different types of vins de qualité produits dans une région délimitée:

 vins délimités de qualité supérieure (VDQS) and  vins d'appellation d'origine contrôlée (AOC).

The first are subjected to regulation and a trade-union control. The right to the controlled label of origin is the subject of a decree adopted on the basis of a proposal from the national institute of labels of origin. This decree specifies, for each name, the geographical surface, the type of vines, the limit of output for hectare, the minimum degree, the processes of culture of the vine and wine making.

Among the vins de table, there is a special category vins de pays, which corresponds to a 67 determinate origin. In France, local wines are controlled by the Office des Vins.

64 The Decree-Law of 30 July 1935 on controlled appellations of origin for wines.

65 Council Regulation 817/70 of 28 April 1970 laying down special provisions relating to quality wines produced in specified regions, OJ L 99, 5/05/1970, p. 20, no longer in force.

66 Council Regulation 1493/1999 of 17 May 1999 on the common organisation of the market in wine, OJ L 179, 14/07/1999, p. 16.

67 The list of wines with AOC in France (more than 400), their possible classification and the list of Vin de Pays (more than 150) can be found on: 42

European Legislation on Protection of Geographical Indications France

The French law, Section VII of the Law N° 92-597 of 1 July 1992, which concerns Trademarks, Service Marks and Other Distinctive Signs, allows geographical names to be registered as trademarks, provided that the geographical indication is a distinctive feature of the product, and that it is not liable to mislead the public. A geographical indication may not be registered as a collective mark. A geographical name that does not have a special reputation with regard to the specific product concerned may be considered a valid trademark. Timeframe and costs

Registration The procedure in France can take from three to ten years.

Costs The INAO web site does not indicate the application or opposition fees. Examples of Protected Names from France France has over 600 GIs registered under the general EC rules for foodstuffs generating €19 billion for 138.000 agricultural enterprises. 85% of French wine exports use GIs. The most famous French GIs for agricultural products and foodstuffs are Roquefort, Gruyère, Comté, Abondance, Chabichou du Poitou, Epoisses (for cheeses), Olives Noires de Nyons (for black olives), Pomme du Limousin for apples), Miel de Provence (for honey), Noix de Grenoble (for nuts), Dinde de Bresse (for turkey). Legislation The Consumer Code - Code de Consommation, Chapitre V “Valorisation des produits et des services”, Section 1 “Appellations d‟origine”, Article L115-1, as last amended by Loi N° 2010-788 du 12 Julliet 2010.

http://www.chez.com/bibs/alisteaoc.html#AClassements and http://www.onivins.fr. (last visited 10 January 2010). 43

European Legislation on Protection of Geographical Indications Germany

Germany

General background information

Germany is a founding member of the European Union, who signed on 18 April 1951 in Paris a treaty to run heavy industries – coal and steel – under a common management (this Paris Treaty was based on the Schuman plan presented on 9 May 1950). It is a Contracting Party to the Paris Convention from 1 May 1903, member to the Madrid Agreement on Indication of Source from 12 June 1925, member to the Madrid Agreement on Marks from 1 December 1922 and member to 68 the Madrid Protocol on Trademarks from 20 March 1996; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection Before 1992, Germany had no specific legislation on the protection of geographical indications 69 and they were essentially protected through the general rules of the Unfair Competition Act. The protection granted through the Unfair Competition Act concerned direct geographical indications, but also indirect indications, such as, for example, the shape of a bottle (e.g. 70 71 Bocksbeutel). The Federal Supreme Court has held that the Bocksbeutel bottle was an indirect indication of geographical origin and its use for wine not produced in the region in which the bottle is traditionally used might mislead consumers.

In April 2003, the Federal German Government temporarily stopped the registration procedure for two applications under Regulation 2081/92 which had already been forwarded to the 72 Commission and published in the Official Journal, concerning two meat based products 73 74 (sausages) “Thüringer Bratwurst” and “Nürnberger Bratwürste”. The reason was that the German Government wanted to await the outcome of cases brought by other producers of “Thüringer” sausages which were not established in the region of Thuringia at the Administrative Court of Berlin (Verwaltungsgericht Berlin). In relation to “Nürnberger Bratwürste”, the German Government resumed examination of the application and the product was registered as

68 Source of information: http://www.wipo.int/treaties.

69 Unfair Competition Act, Gesetz gegen den unlauteren Wettbewerb (UWG) of 7 June 1909, German Official Journal until 1945, Reichsgesetzblatt (RGBl). 1909, p. 499, last amended on 23 July 2002, Official Journal, BGBl. 2002 I, p. 2852.

70 The Bocksbeutel bottle has a characteristic bulbous shape. It is used for wines produced in Franconia, Baden- Franconia and four municipalities located in central Baden.

71 Judgment of the Federal Supreme Court, Bundesgerichtshof (BGH) of 12 March 1971, Zeitschrift für gewerblichen Rechtsschutz und Urheberrecht (GRUR) 1971, p. 313; see also judgment of the ECJ of 13 March 1984, Case 16/83, Criminal proceedings against Karl Prantl, Reference for a preliminary ruling: Landgericht München II – Germany, ECR [1984] p. 1299.

72 OJ C 114 of 15/5/2002, p. 14 and OJ C 63 of 12/3/2002, p. 25.

73 A grilled sausage in narrow natural casing (pig‟s gut or sheep‟s casing), raw or stewed, with highly spiced taste.

74 A 7-9 cm long grilling sausage in a tight sheep casing. 44

European Legislation on Protection of Geographical Indications Germany

75 geographical indication on 15 July 2003. Names “Thüringer Leberwurst”, “Thüringer Rotwurst”, 76 “Thüringer Rostbratwurst” were registered as geographical indications on 17 December 2003.

Relevant Regulatory Framework EC Regulation 2081/1992 (now 510/2006) was implemented in Germany by Part VI “Indications of Geographical Origin” of the Law on the Protection of Trademarks and Other Signs, which entered into force in January 1995.

The provisions on geographical indications in Part VI of the Law on the Protection of Trademarks and Other Signs are subdivided into three sections:

 First section, which provides for the material rules for the protection of geographical indications;  Second section, which implements Regulation 2081/92/EC; and  Third section, which contains the legal basis for further Regulations, such as on the protection of individual geographical indications.

Article 127 of the Law on the Protection of Trademarks and Other Signs protects three different types of rights:

 protection from misleading geographical indications;  protection of qualified geographical indications; quality protection;  protection of well-known geographical indications; protection of the reputation.

In case of a violation of one of these rights, a person who commits a violation of Article 127 is liable for damages in case the violation was committed with intent or negligence.

Penal provisions and provisions concerning the confiscation of goods illegally marked with a geographical indication are set out in Part VIII “Provisions Governing Offences Punishable with Imprisonment or Fines; Seizure on Import or Export” of the Law on the Protection of Trademarks and Other Signs, in Articles 144, 145 and 151.

Competent National Authority 77 At federal level, the German Patent and Trademark Office in Munich, an administrative body 78 within the Federal Ministry of Justice, is the central administrative body in the area of industrial property and commercial rights in Germany. The Patent and Trademark Office has four main departments, and Department III deals with trademarks, ornamental designs, registered designs and geographical indications. Applications for registration of geographical indications under Regulation 510/2006 are made at the Patent and Trademark office.

75 Commission Regulation 1257/2003 of 15 July 2003 supplementing the Annex to Regulation 2400/96 on the entry of certain names in the “Register of protected designation of origin and protected geographical indications” provided for in Council Regulation 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 177, 16/7/2003 p. 3 - 4.

76 Commission Regulation 2206/2003 of 17 December 2003 supplementing the Annex to Regulation 2400/96 on the entry of certain names in the “Register of protected designation of origin and protected geographical indications”, OJ L 330, 18/12/2003 p. 13 - 14.

77 Deutsches Patent- und Markenamt (DPMA), for more information consult http://www.dpma.de (last visited 22 January 2011).

78 Bundesministerium der Justiz, for more information consult http://www.bmj.bund.de (last visited 22 January 2011). 45

European Legislation on Protection of Geographical Indications Germany

The following bodies are also relevant at national level with respect to geographical indications:

79  Ministry for Consumer Protection, Nutrition and Agriculture; 80  Federal Agency for Agriculture and Food; 81  German Federation of Food Law and Food Science, an umbrella organisation with members coming from all sectors of the food industry, especially associations and companies stemming from industry, trade and commerce; and 82  German Institute for the protection of geographical indications.

 Deutsches Patent- und Markenamt (fur Anträge gemäß der VO (EG) 510/06) Zweibruckenstrasse 12 80297 MÜNCHEN Tel.: 0049-89-2195-3402 E-Mail: [email protected]

 Bundesanstalt fur Landwirtschaft und Ernährung Deichmanns Aue 29, 53179 Bonn Postanschrift: Postfach, 53168 Bonn Te l.: 0049-228-6845-0 E-Mail: [email protected]

National procedure for PGIs, PDOs and TSGs The procedure for the registration of a geographical indication is set out in the Trademark Decree 83 of 30 November 1994 which implements the Law on the Protection of Trademarks and Other Signs and EC Regulation 510/2006.

84 After receiving an application, the Patent and Trademark Office first examines whether the formal requirements for an application are fulfilled. Then the Patent and Trademark Office requests comments of interested bodies, including the relevant ministries and industry organisations. If the geographical indication concerned is the same as one existing in a region located in another Member State, the Patent and Trademark Office will inform the relevant body in that Member State, and give the opportunity to submit comments.

According to Article 56(1) of the Trademark Decree, an application which complies with the requirements of Regulation 2081/92 is published in the Trademark Journal (Markenblatt). Comments and objections in relation to the application can be submitted by everybody within three months after the publication under Article 56(1) of the Trademark Decree. The Patent and Trademark Office may re-consider the application, which can also lead to the rejection.

79 Bundesministerium für Verbraucherschutz, Ernährung und Landwirtschaft, for more information consult http://www.bmelv.de. (last visited 25 April 2007).

80 Bundesanstalt für Landwirtschaft und Ernährung (BLE), for more information consult http://www.ble.de (last visited 22 January 2011).

81 Bund für Lebensmittelrecht und Lebensmittelkunde e.V (BLL), for more information consult http://www.bll.de (last visited 22 January 2011).

82 Deutsches Institut zum Schutz von geografischen Herkunftsangaben (DIGH), for more information consult http://www.digh.de (last visited 22 January 2011).

83 Verordnung zur Ausführung des Markengesetzes, BGBl. I 1994, p. 3555, BGBl. 2001 I, p. 3682.

84 Application forms for the registration of geographical indications can be downloaded under: http://www.dpma.de. 46

European Legislation on Protection of Geographical Indications Germany

If there are no objections or the application has been reconsidered without any other result (than compliance with the EC Regulation), then the files are transmitted to the Federal Ministry of Justice who will forward the application to the European Commission.

According to Article 134(1) of the Law on the Protection of Trademarks and Other Signs, control of compliance with the requirements for geographical indications is carried out by the competent bodies under the law of the Federal Länder. Public inspection authorities and private bodies carry out inspections in Germany, as permitted under Article 10(2) of Regulation 510/2006. The inspection bodies can carry out the following operations in accordance with Article 134(2) of the Law on the Protection of Trademarks and Other Signs:

 visit and inspection of the offices, premises and means of transport;  take samples for the purposes of analysis, whereby a second sealed sample may be handed out to the inspected person/undertaking;  examination and analysis of documentary material;  interviews with representatives of the inspected undertaking.

Depending on the controlled product and the federal Land, control is carried out by federal administrative bodies (Regierungspräsidenten), federal Ministries (Bundesministerien), by the agencies for agriculture and food of the Länder (Landesanstalten für Ernährung) and, in the 85 Federal State of Baden-Württemberg, by a private body.

The national authority responsible for overall monitoring and control is:

 Bundesministerium der Justiz Referat III B 5 11015 Berlin 0049-30 18 580 9584

Specific Provisions (Industrial goods) A national particularity is that German law provides for the protection of a geographical indication for cutlery, scissors, knives, razorblades, etc. The “Solingen Decree” of 16 December 1994 protects such products produced in the industrial territory of Solingen which includes the cities of 86 Solingen and Haan.

85 Lacon-GmbH in Offenburg.

86 Verordnung zum Schutz des Namens Solingen, BGBl. 1994 I, p. 3833. This Decree replaced the Law for the protection of the name Solingen (German title: Gesetz zum Schutze des Namens Solingen) of 25 July 1938, RGBl. I, p. 953. 47

European Legislation on Protection of Geographical Indications Germany

Timeframe and costs

Registration Overall registration makes up to 5 years, at the national level it may be between 2 to 3 years (depending on whether the opposition has been filed).

Costs The Ministry for Consumer Protection, Nutrition and Agriculture does not indicate the fees for application or opposition in relation to PDOs and PGIs. Examples of Protected Names from Germany There are over 90 protected GIs and DOs from Germany registered in the EU Register, among them PGIs “Dresdner Christstollen” / “Dresdner Stollen” (for pastry), “Thüringer Rotwurst”, “Nürnberger Bratwürste”, “Greußener Salami” (for sausages and ham), “Tomaten von der Insel Reichenau” (for tomatoes), “Gurken von der Insel Reichenau” and “Spreewälder Gurken” (for pickles), “Lausitzer Leinöl” (for oil); “Nürnberger Rostbratwürste” and PDOs “Odenwälder Frühstückskäse”, “Allgäuer Emmentaler”, “Allgäuer Bergkäse”, “Altenburger Ziegenkäse” (for cheeses). Legislation The latest amendments to the Law on the Protection of Trademarks and Other Signs in relation to Protected Designations of Origin and Protected Geographical Indications are only available in German.

European Legislation on Protection of Geographical Indications Greece

Greece

General background information

Greece joined the European Economic Communities on 1 January 1981. It is a Contracting Party to the Paris Convention from 2 October 1924 and member to the Madrid Protocol on Trademarks 87 from 10 August 2000. Greece also signed the Lisbon Agreement on Appellations of Origin on 22 December 1959 and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Greece, the EC legislation on the protected geographical indications and designations of origin is directly applicable and no other national laws have been introduced for the protection of geographical and traditional names.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Greece is 88 the Ministry of Rural Development and Food.

 MINISTERE DU DEVELOPMENT RURAL ET DES DENREES ALIMENTERES DIRECTION DE L’AGRICULTURE BIOLOGIQUE SECTEUR DES PRODUITS A.O.P. – I.G.P. & S.T.G. 29, rue Axarnon, 104 39 Athenes – Grèce No Telephone: 00 30/210 8232025 No Telefax: 00 30/210 8821241 E-mail: [email protected]

87 Source of information: http://www.wipo.int/treaties.

88 The official web site of the Ministry of Rural Development and Food is http://www.minagric.gr (last visited 12 February 2011). 49

European Legislation on Protection of Geographical Indications Greece product meets the specifications. The applicants nominate the inspection body. This may be a public body (in some cases the Trading Standards Office) or a private one. Under Article 10 of Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011.

Greece national control authority is:

 Οργανισμός Πιστοποίησης & Επίβλεψης Γεωργικών Προϊόντων ΟΠΕΓΕΠ (AGROCERT - Agricultural Products Certification and Supervision Organization Παηηζίων & Άνδρου 1, ΤΚ - 1, Patission and Androu 11257 Αθήνα - 11257 Athens + 210 - 8231253 + 210 - 8231438 [email protected] www.agrocert.gr

Specific Provisions (Industrial goods) No information available. Timeframe and costs

Registration Overall registration makes over 3 years, at the national level it may be between 10 to 18 months (depending on whether the opposition has been filed).

Costs The Greek Ministry of Rural Development and Food does not indicate the fees for application or opposition. Examples of Protected Names from Greece There are over 80 EC protected geographical names in Greece, including the famous PDO cheeses “Feta”, “Svela”, “Kefalograviera”, “Batzos”, “Galotyri”, “Manouri”, “Anevato”, “Kasseri”, “Kopanisti”, “Katiki Domokou”, “Graviera Kritis”, “Graviera Agrafon”, and numerous olive oils “Exeretiko Partheno Eleolado Selino Kritis”, “Kalamata”, “Apokoronas Chanion Kritis”, “Samos”, “Olympia”, “Petrina Lakonias”. Legislation There is no specific Greek legislation on Protected Designations of Origin and Protected Geographical Indications.

European Legislation on Protection of Geographical Indications Hungary

Hungary

General background information

Hungary became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia and Cyprus). It is a Contracting Party to the Paris Convention and the Madrid Agreement on Marks from 1 October 1909, to the Madrid Agreement on Indications of Source from 5 June 1934 and member to the 89 Madrid Protocol on Trademarks from 3 October 1997. Hungary is also a Member to the Lisbon Agreement on Appellations of Origin as from 23 March 1967 with 76 appellations registered in the WIPO and is a founding WTO Member (from 1 January 1995). National Legal Framework for Protecting Geographical Indications

History of protection In Hungary the protection of geographical indications was established by 1997 Law N XI on the Protection of Trademarks and Geographical Indications.

According to the Chapter V of the Hungarian Trademark Law, geographical indications are geographical signs and appellations of origin, which are used in the course of trade to identify the geographical origin of a product. The Law provides definitions of geographical signs and 90 appellations of origin, which are identical to definitions provided by EC Regulation 510/2006.

After becoming a party to European Union on 1 May 2004, Hungary had implemented all the EC legislation in relation to protection of geographical indications. Commission Regulation 918/2004 of 29 April 2004 introduced transitional arrangements for the protection of geographical indications and designations of origin for agricultural products and foodstuffs in connection with the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia allowing the new EC Members to have in place transitional protection to their GIs till 31 October 2004.

Competent National Authority The competent authorities for the registration of geographical indications are the Ministry of 91 Agriculture and Rural Development of Hungary and the Hungarian Intellectual Property Office, 92 the authorised processor of the register.

89 Source of information: http://www.wipo.int/treaties.

90 Article 103 (2, 3) of the Hungarian Act on the Protection of Trademarks and Geographical Indications of 1997, see on http://www.hipo.gov.hu/English/ (last visited 24 January 2011). This definition is identical to a definition given by the EC Regulation 2081/92 of the Protected Geographical Indication.

91 The official web site of the Ministry of the Agriculture and Rural Development (Földművelésügyi és Vidékfejlesztési Minisztérium) is http://www.fvm.hu/. (last visited 24 January 2011). 51

European Legislation on Protection of Geographical Indications Hungary

 Földművelésügyi és Vidékfejlesztési Minisztérium Kossuth Lajos tér 11. 1055 BUDAPEST Tel: (+36-1) 301- 4486 or (+36-1) 301- 4806 or (+36-1) 301- 4419 Fax: (+36-1) 301- 4808 - E-mail: [email protected], [email protected], [email protected]

 Magyar Szabadalmi Hivatal Garibaldi utca 2. 1054 BUDAPEST Tel: (+36-1) 474-5766 or (+36-1) 474-5527 Fax: +36-1-3329-930 E-mail: [email protected], [email protected]

National procedure for PGIs, PDOs and TSGs A procedure of registration and opposition at the national level was introduced in by the Administrative Act of the Ministry of 1 March 2007 as required by EC Regulation 510/2006. Any interested person or supervisory agency may submit an opposition to the Ministry of Agriculture and Rural Development of Hungary against the published application within the prescribed period of 2 months.

After filing the application for registration of the geographical indication with the Ministry or the Hungarian Intellectual Property Office, they examine whether the application satisfies the requirements of the law. If the application complies with the requirements necessary for the acknowledgment on the date of filing, the formal (Section 59 APT) and substantive (Section 61 APT) examinations are carried out. If the sign and the geographical indication comply with all requirements of the examination procedure (Section 1 Point a) APT), the Hungarian Intellectual Property Office grants protection for the sign as geographical indication (Section 64 APT). The Office issues a GI certificate to which the extract from the Register is annexed.

The official controls are conducted by the Central Agricultural Office:

 Mezőgazdasági Szakigazgatási Hivatal / Central Agricultural Office Keleti Károly u. 24. 1024 Budapest +36/1-336-9000 +36/1-336-9100 +36/1-336-9427 +36/1-336-9099 [email protected]

92 The official web site of the Hungarian Intellectual Property Office (Magyar Szabadalmi Hivatal) is http://www.hipo.gov.hu/English/ (last visited 24 January 2011). 52

European Legislation on Protection of Geographical Indications Hungary

Specific Provisions (Industrial goods) Protection for geographical indications for industrial goods is provided under the Act on the Prohibition of Unfair and Restrictive Market Activity, No. LVII. of 1996 and the Act on the Protection of Trademarks and Geographical Indications, No. XI. of 1997. The recognition of a geographical indication requires registration under the Trademark Act. There is one single regime of protection of geographical indications for all products. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 8 to 10 months (depending on whether the opposition has been filed). Costs The fee for submitting an application for geographical indication is HUF 107,000 (approximately € 390) regardless of the number of product groups included in the application.

Examples of Protected Names from Hungary There are 7 protected registered names from Hungary in the EC register at the moment: PDO “Szegedi szalámi” or “Szegedi téliszalámi” (for meat product), PGI “Budapesti téliszalámi” (for smoked, fermented dried meat product), PDO “Hajdúsági torma” (for the roots of the regional varieties of horseradish (Armoracia rusticana)); PDO “Makói vöröshagyma” or “Makói hagyma” (for a variety of onion grown in the Csongrád County town of Makó), PGI “Gyulai kolbász” or “Gyulai pároskolbász” (for the smoked Hungarian sausages), PGI “Csabai kolbász” or “Csabai vastagkolbász” (for the smoked and dried sausage), PGI “Gönci kajszibarack” (for apricotes), PDO “Szegedi fűszerpaprika-őrlemény” or “Szegedi paprika” (for ground paprika).

There are also 4 applications published in the EC Official Journal to register PDO “Kalocsai fűszerpaprika örlemény” (for paprika), PDO “Szőregi rózsatő” (for flowers), PGI “Magyar szürkemarha hús” (for Hungarian Grey cattle) and PDO “Alföldi kamillavirágzat” (for wild camomile flowers). Legislation The Act on the Protection of Trademarks and Geographical Indications, No. XI. of 1997.

European Legislation on Protection of Geographical Indications Ireland

Ireland

General background information

Ireland joined the European Economic Communities on 1 January 1973 (together with the United Kingdom and Denmark). It is a Contracting Party to the Paris Convention and to the Madrid Agreement on Indication of Source from 4 December 1925, member to the Madrid Protocol on 93 Trademarks from 19 October 2001; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Ireland there was no specific legislation on the protection of geographical indications before 1993. Relevant Regulatory Framework The EC legislation on the protected geographical indications and designations of origin is directly applicable and no other national laws have been introduced for the protection of geographical and traditional names.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Ireland is the Food Division of the Department of Agriculture and Food:

 Department of Agriculture and Food Agriculture House Kildare Street DUBLIN 2 Tel 00 353 1 6072390 E-mail [email protected]

National procedure for PGIs, PDOs and TSGs EC Regulation 510/2006 is fully implemented in Ireland and administrative procedure on national registration with the possibilities to object at the national level has been provided in 2006. The national authority in charge of applications and examination of PDOs and PGIs in Ireland is the 94 Food Division of the Department of Agriculture and Food.

93 Source of information: http://www.wipo.int/treaties.

94 The official web site of the Food Division of the Department of Agriculture and Food is: http://www.agriculture.gov.ie (last visited 18 January 2011). 54

European Legislation on Protection of Geographical Indications Ireland

Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011.

The national controlling authority for Irish PGIs and PDOs is the Food Division of the Department of Agriculture and Food.

Specific Provisions (Industrial goods) There are no specific provisions for the registration of geographical indications for industrial products in Ireland under the Trade Marks Act, 1996. However, Section 8(3) of that Act provides that a trademark shall not be registered if it is of such nature as to deceive the public as to the geographical origin of the goods or services. For instance, a trademark which falsely indicates that goods originate from a geographical area with a reputation for producing those goods would be refused registration Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (deepening on whether the opposition has been filed). Costs The Food Division of the Department of Agriculture and Food does not charge any fees for application or posing an opposition. Examples of Protected Names from Ireland There are only four EC protected geographical names in Ireland: the PDO Imokilly Regato cheese, the PGI Timoleague Brown Pudding, the PGI “Uain Sléibhe Chonamara” and the PGI Clare Island Salmon.

Uain Sléibhe Chonamara (in Irish) is Connemara Hill lamb.

Imokilly Regato is a cow‟s milk cheese, made in Dairygold Mogeely. The milk for this cheese comes only from pasture-fed animals in a defined area of approximately 3000 km² in South-East Cork, within which the barony of Imokilly, after which the cheese is named, is situated.

Timoleague brown pudding is brown in colour, is a long cylindrical sausage shape which forms naturally into rings and is made from fresh „pigs‟ blood, pork trimming, fresh onions, seasonings, spices and natural casings. It comes in weights of between 0,75 kilogram and 1 kilogram approx.

Clare Island Salmon is fresh fish of the species Salmo salar (farmed native Atlantic salmon) the flesh of which is firm with low fat, and the tail and body shape emulate the wild salmon, due in each case to the uniquely exposed and pristine conditions in which they are cultivated. The geographical area is the sea adjacent to Clare Island in outer Clew Bay, County Mayo, Ireland.

Legislation There is no specific Irish legislation on Protected Designations of Origin and Protected Geographical Indications.

European Legislation on Protection of Geographical Indications Italy

Italy

General background information

Italy is a founding member of the European Union, who signed on 18 April 1951 in Paris a treaty to run heavy industries – coal and steel – under a common management (this Paris Treaty was based on the Schuman plan presented on 9 May 1950). It is a Contracting Party to the Paris Convention from 7 July 1884, member to the Madrid Agreement on Indication of Source from 5 March 1951, to the Madrid Agreement on Marks from 15 October 1894 and member to the 95 Madrid Protocol on Trademarks from 17 April 2000. Italy is also a Member to the Lisbon Agreement on Appellations of Origin as from 25 September 1968 with over 30 appellations registered in the WIPO and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Italy the legislation on the protection of geographical indications was developing gradually, protecting products of certain sectors. In 1954, a system of protection of GIs was introduced for 96 97 the dairy sector and in 1963 for the wine sector.

Community rules developed later did not change the main features of Italian legislation, as they introduced a general framework with which the Italian law is now to be found.

After the entry into force of the EC Regulation on the protection of designations of origin and geographical indications, Italian sectoral legislation was replaced with a set of rules generally applicable to agricultural products and foodstuffs, which allowed the registration of a considerable number of geographical indications and designations of origin.

Relevant Regulatory Framework Italy introduced new laws to adopt the EC definitions of protected designations of origin (PDOs) and protected geographical indications (PGIs). The laws that preceded the EC Regulation remain in force, but only in so far as they were compatible with Community legislation. One example of the changes introduced to the Italian legislation as a consequence of the new European rules on protection of geographical indications concerned the powers of product consortia to inspect the compliance with the specifications.

In accordance with the Community Regulation inspection, structures have been managed by an 98 independent body. Article 14 of Italian Law 526 of 21 December 1999 redefined the role and limits of product consortia. For example, the National Committee for Designations of Origin and

95 Source of information: http://www.wipo.int/treaties.

96 Law N° 125 of 10 April 1954, GURI, N° 99, 30 April 1954.

97 Presidential Decree (Decreto del Presidente della Repubblica), N° 930 of 12 July 1963, Supplemento Ordinario (Suppl. Ord.), Gazzetta Ufficiale della Repubblica Italiana (GURI), N° 188, 15 July 1963.

98 Law 526 of 21 December 1999, Suppl. Ord., N° 15/L, GURI, N° 13, 18 January 2000. 56

European Legislation on Protection of Geographical Indications Italy

99 100 Typical Designations for Cheeses and the Committee for Plant Oils are still called upon to give an opinion on the approval of product specifications before an application for European registration is made.

A Ministerial Decree of 3 November 1995 established the Ispettorato Centrale Repressioni Frodi 101 102 as the central inspection body, and a Ministerial Decree of 18 December 1997 gave the Ministry of Agriculture the role of coordinating inspection at national level.

The most relevant legal act is Decree of 21 May 2007 on the “Procedure for the national registration of PDO and PGI, in accordance with Regulation (EC) No 510/2006”.

Competent National Authority The Ministry of Agricultural, Food and Forestry Policies (in Italian - Ministero delle Politiche Agricole, Alimentari e Forestali, or MiPAAF) is the national authority in charge of applications and 103 examinations of PDOs and PGIs.

 Ministero delle Politiche Agricole e Forestali Direzione Generale per lo sviluppo agroalimentare, per la qualità e per la tutela del consumatore Via XX Settembre, 20 00187 ROMA ITALIA Tel.: + 39 06 46 65 51 04 Fax.: + 39 06 42 01 31 26 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs Decree of 21 May 2007 on the “Procedure for the national registration of PDO and PGI, in accordance with Regulation (EC) No 510/2006” The registration procedure at the national level is very similar to the procedure provided by European Regulation 510/2006. The initiative to apply for the registration of a geographical indication may be taken by public entities (for example, Regions) or private entities (product consortia), or an association of producer groups.

The application file must contain all documents required by Regulation 510/2006 and they should be sent to the National Committee for Designations of Origin and then forwarded to the Ministry of Agricultural Policy for examination. In accordance with Regulation 510/2006 an opposition procedure was already available at the national level since 2000. According to the Decree, interested parties may lodge an observation to the application within 30 days from the publication of a proposed single document of a specification in the Italian Official Journal. In case of the positive decision, the files are forwarded to the EC Commission for registration in the Community register.

99 Established by Article 4 of Law 125/1954. Its duty is to advise the Minister of Agricultural policy on the recognition of geographical indications of cheeses and it cooperates with State authorities to ensure the compliance with the law as far as production and trade of protected cheeses are concerned.

100 See Article 14 of Law N° 169/1992.

101 Central Inspectorate for the Repression of Fraud, or ICRF, for more information see http://www.markon.net/expoitaly/idee/ispettorato.html. (last visited 17 January 2011).

102 Ministerial Decree of 18 December 1997, GURI, N° 26, 2 February 1998.

103 The official web site of the Ministry of Agricultural, Food and Forestry Policies in Italy is http://www.politicheagricole.it/ (last visited 17 January 2011). 57

European Legislation on Protection of Geographical Indications Italy

A Ministerial Decree of 3 November 1995 established the Ispettorato Centrale Repressioni Frodi 104 105 as the central inspection body, and a Ministerial Decree of 18 December 1997 gave the Ministry of Agriculture the role of coordinating inspection at national level.

Specific Provisions (Wines and spirits, Industrial goods) All wines produced in Italy, as provided by the EC Community legislation, can be subdivided into two categories: table wines and quality wines produced in specified regions. However, according to Italian Law N° 164 of 10 February 1992, there are three different types of protected names of quality wines:

 Typical Geographical Indication or Indicazione Geografica Tipica (IGT), which corresponds, without further specification, to the name of the area where the wine 106 is produced;

 Controlled Designation of Origin or Denominazione d‟Origine Controllata 107 (DOC), where a geographical name is used to indicate a renown, high-quality product, with characteristics connected to the natural environment and to human factors;

 Controlled and Guaranteed Designation of Origin or Denominazione d‟Origine Controllata e Garantita (DOCG), which is used for wines that are entitled to the DOC and considered to be particularly valuable, with regards to their intrinsic 108 qualities.

Under Italian law, designation of origin for wines means any geographical name of an area 109 producing wines of quality and renown, belonging to a number of producers. The geographical name that comes after the letters DOC or DOCG may be followed by the name of the vine variety or other terms, when the production discipline so provides. On the other hand, typical geographical indications for wines mean geographical names that are used for quality wines produced in extensive viticulture areas. The area must have a homogeneous environment, and

104 Central Inspectorate for the Repression of Fraud, or ICRF, for more information see http://www.markon.net/expoitaly/idee/ispettorato.html. (last visited 17 January 2011).

105 Ministerial Decree of 18 December 1997, GURI, N° 26, 2 February 1998.

106 According to Article 1 of Law 164/1992, a Typical Geographical Indication simply corresponds to “the geographical name of an area, used to define the products derived hereby”.

107 Pursuant to Article 1(1) of Law 164/1992 the “designation of origin” indicates the name “of a vine-growing zone with particular vocation, used to define a quality and renowned product, whose qualities are linked to the natural environment and to human factors”.

108 According to Article 8 of Law N° 164/1992, the quality of these wines must be above the average of other DOC wines of the same kind, as a consequence of the incidence of traditional natural, human, and historical factors.

109 Law N° 164/1992, Article 4. 58

European Legislation on Protection of Geographical Indications Italy give uniform characteristics to wines produced here. IGTs are not allowed to use the names of areas used by DOCs and DOCGs.

The central government has the competence to grant protection for quality wines produced in Italy. The Ministry of Agriculture recognizes DOCs, DOCGs and IGTs by means of specific decrees. The decrees define the geographical area to which the DOC, the DOCG and the IGT refer. For each wine, a production discipline (Disciplinare or the EC terms „specification‟), i.e. an administrative act setting specific production standards, is defined. Production disciplines are legally binding and enter into force together with the same decrees that recognise the protected name.

Even though the competence to issue the recognition and the “Disciplinare” lies with the central government, regional governments have to be consulted by the Ministry of Agriculture.

Production disciplines for wines must indicate, inter alia, the following elements:

 the designation of origin;  the delimitation of the territory where the grape can be grown;  the maximum quantity of grapes and wine that can be produced in an area of 10.000 m²;  physical, chemical and organoleptic properties, as well as the minimum alcohol volume;  the conditions of production, the characteristics of the natural environment such as the climate, the soil, the position, the altitude, exposition and the qualities of the grape and of the vineyards;  the minimum period during which the wine has to mature in wood casks or to be refined in bottles;  any eventual obligation as to the area where the wine has to be bottled.

Article 19 of Law N° 164/1992 establishes the Volunteer Protection Consortia (Consorzi volontari di tutela), which is made up of private organisations, aimed to protect and represent the interests of DOC, DOCG and IGT wine producers, and to give advice to the national and local authorities on matters related to wine production.

Pursuant to articles 28, 29 and 30 of Law N° 164, there are criminal sanctions for infringement of the rules on the use of DOCs, DOCGs and IGTs. In particular, those provisions are aimed at impeding the sale and distribution of wines bearing a Designation of Origin or a Typical Geographical Indication without fulfilling the production requirements or complying with the rules on labelling.

The general protection of geographical indications in Italian law is in the Code of Industrial Property (D.lgs. 30/2005) Sec. II called “Indicazioni Geografiche”: GIs are protected when they are adopted to indicate a product that comes from a territory and its quality, reputation or characteristic depends exclusively or essentially on the natural habitat of origin, related with natural, traditional and human factor. Protection is given against acts that can misled or deceive the public. Timeframe and costs

Registration Overall registration makes over 2 - 3 years, at the national level it may be between 10 to 18 months (depending on whether the opposition has been filed).

Costs The Italian Ministry of Agricultural, Food and Forestry Policies does not charge any fees for application or posing an opposition.

European Legislation on Protection of Geographical Indications Italy

Examples of Protected Names from Italy At present there are more than 150 different names of cheeses, fruits, vegetables, cereals, meat- based products, table olives and olive oils, registered as PDOs and PGIs in the EC register. Legislation  Decree of 21 May 2007 on the “Procedure for the national registration of PDO and PGI, in accordance with Regulation (EC) No 510/2006” (Decreto 21 maggio 2007 recante la “Procedura a livello nazionale per la registrazione delle DOP e IGP, ai sensi del regolamento (CE) n. 510/2006”);

 Decree 410 of 12 September 2000 on the “Adoption of the rules concerning the allocation of costs arising from the activities of the Consortium for the protection of designations of origin and geographical indications commissioned by the Ministry of Agriculture and Forestry” (Decreto n. 410 12 settembre 2000 recante la “Adozione del regolamento concernente la ripartizione dei costi derivanti dalle attività dei Consorzi di tutela delle denominazioni di origine e delle indicazioni geografiche protette incaricati dal Ministero delle politiche agricole e forestali”).

European Legislation on Protection of Geographical Indications Latvia

Latvia

General background information

Latvia became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Cyprus, Estonia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia and Hungary). It is a Contracting Party to the Paris Convention from 7 September 1993 and member to the 110 Madrid Protocol on Trademarks from 5 January 2000; and is a WTO Member since 10 February 1999. National Legal Framework for Protecting Geographical Indications

History of protection Geographical indications became protected in Latvia shortly before the accession to the EU, by Cabinet Regulation No. 437 of April 27, 2004. Commission Regulation 918/2004 of 29 April 2004 introduced transitional arrangements for the protection of geographical indications and designations of origin for agricultural products and foodstuffs in connection with the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia allowing the new EC Members to have in place transitional protection to their GIs till 31 October 2004. However, special law recognising indications of geographical origin as special protected signs was adopted in 1999. This was the Law on Trademarks and Indications of Geographical Origin. The recognition and protection of geographical indications required registration. In Latvia, there is a single regime of protection for all products with an extended protection for alcoholic beverages.

Relevant Regulatory Framework Law on Trademarks and Indications of Geographical Origin of 16 June 1999 (entered into force on 15 July 1999) together with the Cabinet Regulation No. 126 on Procedures for the Registration and Protection of Geographical Indications of Agricultural Products and Foodstuffs, adopted on 10 February 2009, provides the relevant regulatory framework.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Latvia is 111 the Ministry of Agriculture.

 Ministry of Agriculture Republikas laukums 2 RIGA, LV 1981 LATVIA Tel. +371 67027294 Fax. +371 67027205 E-mail: [email protected]

110 Source of information: http://www.wipo.int/treaties.

111 The official web site of the Ministry of Agriculture is http://www.zm.gov.lv (last visited 20 January 2011.) 61

European Legislation on Protection of Geographical Indications Latvia

National procedure for PGIs, PDOs and TSGs In relation to agricultural products and foodstuffs, EC Regulation 510/2006 is directly applicable and new administrative procedure of registration on the national level has been introduced by the Cabinet Regulation No. 126 on Procedures for the Registration and Protection of Geographical Indications of Agricultural Products and Foodstuffs. This procedure also included the possibility to object the registration at the national level within three months.

The competent national authority of Latvia in relation to controls is the Food and Veterinary Service:

 Food and Veterinary service Peldu str.30, Riga, LV-1050 +371-67095230 +371-67095271 -67322356 [email protected], www.pvd.gov.lv

Specific Provisions (Industrial goods) Protection for geographical indications for industrial goods is provided through the Law on Trademarks and Indications of Geographical Origin of 1999.

Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (depending on whether the opposition has been filed). However, up to now there were no applications for protection as PGIs or PDOs.

Costs The Cabinet Regulation No. 126 on Procedures for the Registration and Protection of Geographical Indications of Agricultural Products and Foodstuffs indicated that the Ministry of Agriculture does not charge an application fee, but requires coverage of expenses in relation to:

 evaluation of the geographical indication regarding the compliance with a protected geographical indication (together with the VAT 513 LAT equal to €730);

 evaluation of amendments to the geographical indication (after changes to the technological process or the description of geographical location) regarding the compliance with a protected geographical indication (together with the VAT 154 LAT equal to €220);

 examination of the notification regarding objections to registration of a foodstuff produced in Latvia (together with the VAT 257 LAT equal to € 65).

European Legislation on Protection of Geographical Indications Latvia

Examples of Protected Names from Latvia At present there are no protected geographical indications in Latvia. Legislation Law on Trademarks and Indications of Geographical Origin of 1999.

European Legislation on Protection of Geographical Indications Lithuania

Lithuania

General background information

Lithuania became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Cyprus, Estonia, Latvia, Poland, Czech Republic, Slovakia, Slovenia and Hungary). It is a Contracting Party to the Paris Convention from 22 May 1994 and member to the Madrid Protocol 112 on Trademarks from 15 November 1997; and is a WTO Member since 31 May 2001. National Legal Framework for Protecting Geographical Indications

History of protection In Lithuania there was no specific legislation on the protection of geographical indications before entering into the EU on 1 May 2004.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Lithuania 113 is the Ministry of Agriculture of the Republic of Lithuania, Food Safety and Quality Department.

 Ministry of Agriculture of the Republic of Lithuania Food Safety and Quality Department Quality Division Gedimino av. 19, LT-01103 Vilnius Lithuania Tel. +370 5 239 11 32 Fax +370 5 239 12 12 E-mail : [email protected]

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006. Any interested person or supervisory agency may submit an opposition to the Ministry of Agriculture of the Republic of Lithuania against the published application within prescribed period of 2 months.

112 Source of information: http://www.wipo.int/treaties.

113 The official web site of the Ministry of Agriculture of the Republic of Lithuania is http://www.zum.lt. (last visited 20 January 2011). 64

European Legislation on Protection of Geographical Indications Lithuania

The system of independent quality controls conducted by the private and public inspection bodies have been also introduced in Lithuania in 2006 and monitored by the State Food and Veterinary Service:

 The State Food and Veterinary Service of the Republic of Lithuania Siesiku str. 19, LT - 2010 Vilnius, Lithuania + 370-5-2404361 + 370-5-2404362 [email protected] www.vet.lt

Specific Provisions (Industrial goods) Protection for geographical indications for industrial goods in Lithuania is provided through the relevant provisions of the Law on Competition (Articles 16 and 17) and the Law on Trademarks (Articles 2.4, 6.1.11, 6.1.12 and 7.1.5). There are no special provisions for notification/registration of geographical indications.

Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (deepening on whether the opposition has been filed).

Costs The Ministry of Agriculture does not charge any fees for application or posing an opposition. Examples of Protected Names from Lithuania There are no registered EU PGIs or PDOs at the moment, but there are three applications forwarded to the EC Commission for examination from Lithuania for PGI “Staklińkės” (for an alcoholic beverage distilled from grain, honey and water), PDO “Seinų / Lazdijų krańto medus / Miód z Sejneńszczyny / Łoźd” (for honey) and PGI “Lietuvińkas varńkės sūris” (for cheese). Legislation There is no specific Lithuanian legislation on Protected Designations of Origin and Geographical Indications.

European Legislation on Protection of Geographical Indications Luxembourg

Luxembourg

General background information

Luxembourg is a founding member of the European Union, who signed on 18 April 1951 in Paris a treaty to run heavy industries – coal and steel – under a common management (this Paris Treaty was based on the Schuman plan presented on 9 May 1950). It is a Contracting Party to the Paris Convention from 30 June 1922, member to the Madrid Agreement on Marks from 1 114 September1924 and member to the Madrid Protocol on Trademarks from 1 April 1998; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Luxembourg, a system of “national marks” or “marques nationales” has been introduced by a Law of 2 July 1932 on the Standardization of Agricultural and Horticultural Products and the Creation of a National Mark. Article 2 of this Law provided that the “national mark” was created to guarantee the origin, the quality and the packaging of agricultural and horticultural products. Although the Law used the word “mark”, this national indication was more similar to a geographical indication than to a trademark.

The Grand-Ducal Regulations adopted in execution of the Law of 2 July 1932 were the following:

 the Grand-Ducal Regulations of 19 December 2000 relating to the national mark of pork and smoked ham and fixing the conditions of attribution of that trademark (known as the “Pork GDR” and the “Ham GDR”, now PGIs “Salaisons fumées Marque Nationale Grand- Duché de Luxembourg” and “Viande de porc Marque Nationale Grand Duché de Luxembourg”);

 the Regulation of the Government of 3 July 1970 concerning the creation of the national mark of Luxembourg butter (known as the “Butter GDR”, now PDO “Beurre rose de la Marque Nationale Grand Duché de Luxembourg”);

 the Regulation of the Government of 5 July 1973 concerning the creation of the national mark of Luxembourg honey (the “Honey GDR”, now PDO “Miel Luxembourgeois de Marque Nationale”);

 the Grand-Ducal Regulations of 30 January 2001 relating to the regulation of the national mark of wine and fixing the conditions of attribution of that mark (the “Wine GDR”);

 the regulation of the government in council of 18 March 1988 concerning the creation of a national mark of sparkling wines, as amended (the “Sparkling Wines GDR”);

 the Regulation of the Government of 4 January 1991 concerning the appellation “Crémant de Luxembourg”, as amended (the “Crémant de Luxembourg GDR”),  the Regulation of the government of 11 October 1996 concerning the national trademark of natural spirit drinks (the “Spirit Drinks GDR”).

114 Source of information: http://www.wipo.int/treaties. 66

European Legislation on Protection of Geographical Indications Luxembourg

The “national mark” system has subsequently been incorporated into the EU framework that has been adopted in Luxembourg, as the EC legislation on the protected geographical indications and designations of origin is directly applicable in Luxembourg.

Relevant Regulatory Framework The protection regime of appellations of origin and geographical indications in Luxemburg at present is largely influenced if not absorbed by European legislation, namely EU Regulation 510/2006 in the fields of agricultural products and foodstuffs, and various EU regulations in the sectors of wines and spirits.

Competent National Authority The national authority in charge of applications and examination of PDOs and PGIs is the 115 Ministry of Agriculture, Viticulture and Rural Development.

 Ministère de l'Agriculture, de la Viticulture et du Développement rural Administration des Services Techniques de l'Agriculture 16, route d'Esch L-1470 Luxembourg Tel. : 00352 45 71 72 -215 Fax: 00352 45 71 72 -341 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs EC Regulation 510/2006 is fully implemented in Luxemburg and administrative procedure on national registration with the possibilities to object at the national level has been provided in 2006. The national authority in charge of applications and examination of PDOs and PGIs in Luxemburg is the Ministry of Agriculture, Viticulture and Rural Development (contact details are indicated above).

The national controlling body in Luxemburg is:

 Administration des services techniques de l'agriculture (Ministère de l'Agriculture, de la Viticulture, du Développement rural) Service de la Production Animale 16, route d'Esch L-1470 Luxembourg 00352 45 71 72 215 00352 45 71 72 341 http://www.ma.etat.lu

115 The official web site of the Ministère de l'Agriculture, de la Viticulture et du Développement Rural is http://www.ma.public.lu (last visited 19 January 2011). 67

European Legislation on Protection of Geographical Indications Luxembourg

Specific Provisions (Industrial goods) The only protection for GIs for industrial goods could be the Law of 27 November 1986 (Article 17) regulating certain commercial practices and penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial A 1992, No. 35, p. 1119, coordinated text). Timeframe and costs

Registration Overall registration makes up to 2 years, at the national level it may be between 10 to 18 months (depending on whether the opposition has been filed).

Costs The Ministry of Agriculture, Viticulture and Rural Development does not indicate any fees for application or posing an opposition. There are also no applications for registration at present. Examples of Protected Names from Luxemburg There are four EC protected geographical names with the “Marque Nationale Grand Duché de Luxembourg” for butter, honey, smoked ham and pork. Legislation There is no specific legislation on Protected Designations of Origin and Protected Geographical Indications in Luxemburg.

European Legislation on Protection of Geographical Indications Malta

Malta

General background information

Malta became a Member of the European Union from 1 May 2004 (the fifth enlargement with Cyprus, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia and Hungary). It 116 is a Contracting Party to the Paris Convention from 20 October 1967; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Malta there was no specific legislation on the protection of geographical indications before entering into the EU. The EC legislation on the protected geographical indications and designations of origin is directly applicable and no other national laws have been introduced for the protection of geographical and traditional names.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs on Malta is 117 Malta Standards Authority, Foodstuffs Directorate.

 Malta Standards Authority Foodstuffs Directorate 2nd Floor, Evans Buildings, Valletta VLT 03 MALTA Tel (356) 21255546 ; Fax (356) 21242406 ; E-mail : [email protected]

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006.

116 Source of information: http://www.wipo.int/treaties.

117 The official web site of the Malta Standards Authority is http://www.msa.org.mt (last visited 28 January 2011). 69

European Legislation on Protection of Geographical Indications Malta

The official controls are conducted by the Malta Standards Authority and the Department of Environmental Health of the Ministry of Social Policy:

 Malta Standards Authority 2nd floor, Evans Building, Merchanta Street, Valletta VLT 1179, Malta 00356 21242420 00356 21242406 [email protected] www.msa.org.mt

 Department of Environmental Health (Ministry of Social Policy) 37-39 Rue d'Argens, Msida CMR02, Malta (+356) 21332225/21324093 (+356) 21344767 [email protected] www.sahha.gov.mt

Specific Provisions (Industrial goods) No information available. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (depending on whether the opposition has been filed).

Costs The Malta Standards Authority does not indicate any fees for application or posing an opposition. There are also no applications for registration at present.

Examples of Protected Names from Malta There are no registered PGIs or PDOs in the EU from Malta at the present moment.

Legislation The EC legislation on the protected geographical indications and designations of origin is directly applicable in Malta and no other national laws have been introduced for the protection of geographical and traditional names.

European Legislation on Protection of Geographical Indications The Netherlands

The Netherlands

General background information

The Netherlands is a founding member of the European Union, who signed on 18 April 1951 in Paris a treaty to run heavy industries – coal and steel – under a common management (this Paris Treaty was based on the Schuman plan presented on 9 May 1950). It is a Contracting Party to the Paris Convention from 7 July 1884, member to the Madrid Agreement on Marks from 1 118 March 1893 and member to the Madrid Protocol on Trademarks from 1 April 1998; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In the Netherlands there was no specific legislation on the protection of geographical indications before 1992. The EC legislation on the protected geographical indications and designations of origin is directly applicable and no specific national laws have been adopted for the protection of geographical and traditional names.

Relevant Regulatory Framework The protection regime of appellations of origin and geographical indications in The Netherlands at present is largely influenced if not absorbed by European legislation, namely EU Regulation 510/2006 in the fields of agricultural products and foodstuffs, and various EU regulations in the sectors of wines and spirits.

Competent National Authority The national authorities in charge of the applications and examination of PDOs and PGIs are the Ministry of Agriculture, Environment and Food Quality and the Main Arable Commodity Department:

 Ministerie van Landbouw, Natuur en Voedselkwaliteit Directie Industrie en Handel Postbus 20401 2500 EK DEN HAAG Tel :+ 31 (0) 70-3785665 E-mail : [email protected] http://www.rijksoverheid.nl/ministeries/lnv

 Hoofdproductschap Akkerbouw Postbus 29739 2052 LS DEN HAAG Tel : + 31 (0) 70-3708324 Fax: + 31 (0) 70-3708444 E-mail : [email protected]

118 Source of information: http://www.wipo.int/treaties. 71

European Legislation on Protection of Geographical Indications The Netherlands

National procedure for PGIs, PDOs and TSGs EC Regulation 510/2006 is fully implemented in the Netherlands and administrative procedure on national registration with the possibilities to object at the national level has been provided in 2006. The national authority in charge of applications and examination of PDOs and PGIs in the Netherlands is the Ministry of Agriculture, Environment and Food Quality (contact details above). At the request of the Minister of Agriculture, Nature and Food Quality, the Advisory Committee on the Geographical Indications of Origin and Traditional Specialities Guaranteed Products has been established in 2006.

The Advisory Committee is composed of representatives of the Ministry of Agriculture and various departments of the Government. The main purpose of the establishemnt of such Committee is to advise the Minister of Agriculture on applications for registration of products and posed objections to the registration of products from other Member States and third countries.

The national controlling bodies in the Netherlands are the Food and Consumer Protection Authority and the Central Quality Assurance Agency:

 V.W.A. (Voedsel en Waren Autoriteit) Postbus 19506, 2500 CM DEN HAAG +3170-4484848 +3170-4484747 [email protected] www.vwa.nl

 C.O.K.Z. (Centraal Orgaan Kwaliteitsaangelegenheden in de Zuivel) Postbus 250, 3830 AG LEUSDEN +3133 - 496 56 96 +3133 - 496 56 66 [email protected] www.cokz.nl

Specific Provisions (Industrial goods) Various national rules of the Netherlands provide for the general protection of geographical indications and designations of origin for industrial goods: the Civil Code (Burgerlijk Wetboek), the Commodities Act (Warenwet), the Dutch Advertising Code. The Benelux Trademark Law may provide some protection as to geographical indications that have been registered as collective brands (Section 19). Timeframe and costs

Registration Overall registration makes up to 2 years, at the national level it may be between 10 to 18 months (depending on whether the opposition has been filed).

European Legislation on Protection of Geographical Indications The Netherlands

Costs The Ministry of Agriculture, Environment and Food Quality does not indicate any fees for application or posing an opposition. Examples of Protected Names from the Netherlands There are only eight EC protected geographical names in the Netherlands. There are five PDO products: four cheeses („Boeren-Leidse met sleutels‟, „Kanterkaas, Kanternagelkaas and Kanterkomijnekaas‟, „Noord-Hollandse Goudse kaas‟ and „Noord-Hollandse Edammer kaas‟) and one type of potato, „Opperdoezer Ronde‟, that is part of the fruit, vegetables and cereals section according the European Union. There are also three PGI products, the „Westlandse Druif‟, a grape that belongs to the fruit, vegetables and cereals section and two cheeses „Edam Holland‟ and „Gouda Holland‟. Legislation No specific national laws have been adopted for the protection of geographical and traditional names in the Netherlands.

European Legislation on Protection of Geographical Indications Poland

Poland

General background information

Poland became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Cyprus, Estonia, Latvia, Lithuania, Czech Republic, Slovakia, Slovenia and Hungary). It is a Contracting Party to the Paris Convention from 10 November 1919, member to the Madrid Agreement on Indications of Source from 10 December 1928, to the Madrid Agreement on Marks 119 from 18 March 1991 and member to the Madrid Protocol on Trademarks from 4 March 1997; and is a WTO Member from 1 July 1995. National Legal Framework for Protecting Geographical Indications

History of protection The system of protection of geographical indications was introduced in Poland by the Industrial 120 Property Law of 30 June 2000. Articles 174-185 of that law provided a definition of geographical indications, registration procedure and established a register of GIs managed by the Patent Office of Poland.

After becoming a party to European Union on 1 May 2004, Poland had to implement all the EC legislation in relation to protection of geographical indications. Since that date all the Community laws, including those on protection of geographical indications, were fully binding and directly applicable on the territory of Poland.

Relevant Regulatory Framework System of registration of regional and traditional products have been introduced in Poland by the 2004 Act on Registration and Protection of Names and Indications of Agricultural Products and 121 Foodstuffs and on Traditional Products in line with EC Regulation 2081/92. Pursuant to this Act, Ministry of Agriculture and Rural Development were competent for issues related to the designations of origin, geographical indications and names of special nature. The system of independent quality controls conducted by the private and public inspection bodies have been also introduced and monitored by the Ministry of Agriculture and Rural Development.

Since March 2006, new Regulation 510/2006 related to the registration and protection of geographical for agricultural products and foodstuffs is the major legal act regulating the protection of Polish designations of origin, geographical indications and names of special nature.

119 Source of information: http://www.wipo.int/treaties.

120 The text of the law can be found on http://www.uprp.pl/Formularze/ustawa2000_gb.doc (last visited 12 December 2010).

121 The text of the law in Polish is available at http://www.minrol.gov.pl (last visited 12 December 2010). 74

European Legislation on Protection of Geographical Indications Poland

The new administrative procedure of registration on the national level was introduced in 2006. This procedure also included the possibility to object the registration at the national level. Competent National Authority 122 The Ministry of Agriculture and Rural Development together with the Patent Office are competent for issues related to the designations of origin and geographical indications.

 Ministerstwo Rolnictwa i Rozwoju Wsi ul. Wspólna 30 00-930 Warszawa Tel. (+48-22) 623-22-00 Fax (+48-22) 623-25-03 E-mail: [email protected] [email protected]

 Urząd Patentowy RP AL. Niepodległości 188/192 00-950 Warszawa Tel: (+48-22) 825-05-83 Fax (+48-22) 875-06-80 E-mail: [email protected]

 Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych ul. Wspólna 30 00-930 Warszawa Tel. (+48-22) 623-29-00 Fax (+48-22) 623-29-01 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006. Any interested person or supervisory agency may submit an opposition to the Ministry of Agriculture and Rural Development against the published application within prescribed period of 2 months.

The system of independent quality controls conducted by the private and public inspection bodies have been also introduced in Poland in 2006 and monitored by the Main Inspectorate of the Ministry of Agriculture and Rural Development:

 Główny Inspektor Jakości Handlowej Artykułów Rolno-Spożywczych ul. Wspólna 30; 00-930 Warszawa

122 The official web site of the Ministry is Agriculture and Rural Development is http://www.minrol.gov.pl (last visited 12 December 2010). 75

European Legislation on Protection of Geographical Indications Poland

00 48/22 623 29 00 48/22 623 29 98 [email protected] www.ijhars.gov.pl

Specific Provisions (Industrial goods) In Poland protection for geographical indications is provided through three articles to that effect in the Act of 1993 on Combating Unfair Competition and a separate Part II in the Act of 2000 – Industrial Property Law, which provides for the protection of geographical indications by way of registration. The regime under Unfair Competition Act applies both to goods and services, while the regime of protection under the provisions of Part II of the Industrial Property Law applies only to goods. Timeframe and costs

Registration Overall registration makes over 2 - 3 years, at the national level it may be between 10 to 18 months (depending on whether the opposition has been filed).

Costs The Polish Patent Office charges the following fees in relation to geographical indications:

 For geographical indication application 300,00 PLN (€77):  For request for postponement of the payment of a fee 60,00 PLN (€ 15);  For request for restoration of a time limit or the excuse of non-observance of a time limit because of exceptional circumstances occurred 80,00 PLN (€ 18);  For request for making a change in the register – for each change made 70,00 (€ 16);  For notice of opposition 1000,00 PLN (€256);  For request for taking by the Patent Office of a decision in litigation proceedings 1000,00 PLN (€256);  For request for lodging a complaint to Administration Court 1000,00 PLN (€ 256);  For protection of geographical indication 1 000,00 PLN (€ 256). Examples of Protected Names from Poland There are 12 PGIs and 5 PDOs are registered in the EU from Poland. In addition there are 12 applications (8 for PGIs and 4 for PDOs). The most famous are PGI “Kielbasa lisiecka” (for meat product), PDO “Bryndza Podhalanska” (for cheese), PGI “Jabłka łąckie” (for apples), PGI “Fasola korczyńska” (for beans), PDO “Podkarpacki miód spadziowy” (for honey) and PDO “Wiśnia nadwiślanka” (for cherries). Legislation There is no specific Polish legislation on Protected Designations of Origin and Geographical Indications.

European Legislation on Protection of Geographical Indications Portugal

Portugal

General background information

Portugal has joined the European Communities on 1 January 1986 (third enlargement, together with Portugal). It is a Contracting Party to the Paris Convention from 7 July 1884, to the Madrid Agreement on Indications of Source and the Madrid Agreement on Marks from 10 October 1893 123 and member to the Madrid Protocol on Trademarks from 20 March 1997. Portugal is also a Member to the Lisbon Agreement on Appellations of Origin as from 25 September 1966 with 7 appellations registered in the WIPO and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Portugal the legislation on the protection of geographical indications was developing gradually, protecting geographical indications and traditional names.

Relevant Regulatory Framework Portugal protects appellations of origin and geographical indications as a separate type of 124 intellectual property regulated by the Industrial Property Code of 2003. Since this law was introduced after the EC Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, it is in full compliance with the EC legal framework for the protection of traditional and geographical names of quality products. Besides the general IP Code, Portugal has special protective and supervisory legislation on wine products, medicinal waters and other products with geographical appellations of origin.

Competent National Authority The national authority in charge of applications and examination of PDOs and PGIs in Portugal is 125 the Ministry of Agriculture, Rural Development and Fisheries.

 Ministério da Agricultura do Desenvolvimento Rural e das Pescas (IDRHa) Av. Defensores de Chaves nº 6 PT - 1049-063 Lisboa - Portugal Telefone: + 351 21 8442200 Fax: + 351 21 8442202 E-mail: [email protected]

123 Source of information: http://www.wipo.int/treaties.

124 Decree-Law N° 36 of 5 March 2003, which repealed the Industrial Property Code of 1995, Decree-Law N° 16/95 of 24 January 1995.

125 The official web site of the Ministério da Agricultura do Desenvolvimento Rural e das Pescas is: http://www.min-agricultura.pt/ (last visited 25 January 2011). 77

European Legislation on Protection of Geographical Indications Portugal

National procedure for PGIs, PDOs and TSGs After the adoption of EC Regulation 510/2006, an administrative procedure on national registration with the possibilities to object at the national level has been provided in Portugal in 2006.

The national controlling authority for Portuguese PGIs and PDOs is:

 GPP Gabinete de Planeamento e Políticas Rua Padre António Vieira,1 1099-073 Lisboa [email protected]

Specific Provisions (Industrial goods) In Portugal, protection for geographical indications is provided through unfair competition law and special registration. In Portuguese law, the protection of geographical indications is governed by the Industrial Property Code (Article 249.3-5, Articles 250-254 and, as far as criminal offences are concerned Articles 260(f) and 269(c)).

The recognition of a geographical indication for industrial goods requires registration. A government organization or a private entity can own the rights to a geographical indication. The National Institute of Industrial Property is the competent authority for registering a geographical indication for industrial goods. Timeframe and costs

Registration Overall registration makes over 3 years, at the national level it may be between 10 to 18 months (depending on whether the opposition has been filed). Costs The Ministry of Agriculture, Rural Development and Fisheries does not charge any fees for application or posing an opposition.

Examples of Protected Names from Portugal There are over 100 PDOs and PGIs registered in the EU from Portugal, among them PDOs “Queijo Serra da Estrela”, “Queijo Terrincho”, “Queijo de Nisa”, “Queijo de Évora”, “Queijo Serpa” (for cheeses), “Castanha de Padrela” (for chestnuts), “Maracujá dos Açores / S. Miguel” (for passion fruit), “Mel de Barroso”, “Mel da Serra de Monchique”, “Mel do Parque de Montezinho” (for honey); PGIs “Farinheira de Estremoz e Borba”, “Chouriça Doce de Vinhais”, “Paio de Beja”, “Sangueira de Barroso-Montalegre” (for cooked meat products, ham and sausages) and “Ovos Moles de Aveiro” (for confectionary products).

European Legislation on Protection of Geographical Indications Portugal

Legislation The Industrial Property Code of 2003 (consolidated version of 2008).

European Legislation on Protection of Geographical Indications Romania

Romania

General background information

Romania became a Member of the European Union on 1 January 2007 (together with Bulgaria). It is a Contracting Party to the Paris Convention and to the Madrid Agreement on Marks from 6 126 October 1920, and a member to the Madrid Protocol on Trademarks from 28 July 1998. Romania is also signed the Lisbon Agreement on Appellations of Origin on 31 October 1958, however, not yet ratified that Treaty and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Romania, the protection of geographical indications is provided for by Law N° 84/1998 on 127 Trademarks and Geographical Indications and Government Decree N° 833/1998 approving 128 the Regulations governing the application of Law N° 84/1998.

Chapter XII of the 1998 Act entitled “Geographical Indications” provides that geographical indications in respect of all products are protected in Romania by means of their registration with the State Office for Inventions and Trademarks (“Oficiul de Stat pentru Invenţii şi Mărci – 129 OSIM”). Before entry into force of Law N° 84/1998, some geographical indications, such as “Dobrogea” for dairy products, “Panciu” for spirits, “Cotnari” for wines, “Murfatlar” for spirits and wines, were protected as trademarks.

Relevant Regulatory Framework Following the accession to the European Union on 1 January 2007, all the EC legislation in relation to protection of geographical indications and designations of origin, including EC Regulation 510/2006, is directly applicable in Romania.

Competent National Authority The Romania authority competent for issues related to the designations of origin, geographical 130 indications and names of special nature is the Ministry of Agriculture and Rural Development, although monitoring of registered GIs is conducted by the State Office for Inventions and 131 Trademarks.

126 Source of information: http://www.wipo.int/treaties.

127 Law N° 84/1998, published in Official Gazette of Romania (Monitorul Oficial al României), N° 161, 23 April 1998.

128 Monitorul Oficial al României, N° 455, 27 November 1998.

129 For more information consult http://www.osim.ro (last visited 25 January 2011).

130 http://www.gov.ro/engleza (last visited 25 January 2011).

131 http://www.osim.ro/index3.html (last visited 25 January 2011). 80

European Legislation on Protection of Geographical Indications Romania

 Ministry of Agriculture and Rural Development Roxana Cristina GRADINARIU European Affaires Counsellor 24, Blvd. CAROL I, Sector 3 Bucharest ROMANIA Tel: + 40 021 3078532 Fax: + 40 021 3078627 E-mail: [email protected] http://www.gov.ro

National procedure for PGIs, PDOs and TSGs The registration procedure at the national level as regulated by the 1998 Act (has been amended in order to include the possibilities to oppose the registration in 2006). According to the Regulations governing the application of the Act, any decision of the State Office for Inventions and Trademarks to register a geographical indication must be published in the Official Bulletin on Industrial Property Issues (“Buletinul Oficial de Proprietate Intelectuală” BOPI) within a period of 132 two months. A notification of opposition to the registration may be submitted within a period of three months of the date of publication.

The inspection body responsible for controlling PDOs and PGIs in Romania in Consumer Protection Board:

 Consumers Protection Board B-dul Aviatorilor nr. 72, sector 1, Bucuresti 011865 004021311.18.62 004021 314 34 61 [email protected] http://www.anpcnet.ro

Specific Provisions (Industrial goods) Protection for geographical indications for industrial goods (handicrafts) is provided within the territory of Romania under the Law on Trademarks and Geographical Indications, No. 84/1998, published in Monitorul Oficial al României (Official Gazette of Romania) No. 161/23 April 1998 and the Government Decree No. 833/1998 approving the Regulations governing the application of Law No. 84/1998 published in Monitorul Oficial al României (Official Gazette of Romania) No. 455/27 November 1998. The Law provides that geographical indications in respect of industrial products shall be protected in Romania by means of their registration with the "Oficiul de Stat pentru Invenţii şi Mărci - OSIM" (State Office for Inventions and Trademarks).

132 The registration of geographical indications in Romania is not free of charge. Government Order N° 41 of 30 January 1998 relating to fees in the area of industrial property provides the fees for the Registration of Geographical Indications. 81

European Legislation on Protection of Geographical Indications Romania

Timeframe and costs

Registration Overall registration makes up to 2 years, at the national level it may be between 8 to 12 months (depending on whether the opposition has been filed).

Costs The Ministry of Agriculture and Rural Development does not indicate any fees for application or posing an opposition in relation to PGIs and PDOs. Yet, the Government Order N° 41 of 30 January 1998 relating to fees in the area of industrial property provides the fees for the Registration of Geographical Indications (approximately €300 for application and €250 for opposition). Examples of Protected Names from Romania There are no registered PGIs or PDOs in the EU from Romania at the present moment. However, there is one application for a PGI “Magiun de prune Topoloveni” published in the Official Journal.

Magiun de prune Topoloveni is a homogenous paste with a shiny surface and which contains no lumps or pieces of peel. These qualities are imparted by the specific local production method. Magiun de prune Topoloveni is made using quality plums that are carefully selected when they are fully ripe. The skin of the fruit is incorporated into the final product, thereby increasing its nutritional value, as it is well-known that the skin contains that greatest proportion of active biological substances and nutrients (antioxidants, vitamins, soluble and insoluble dietary fibre, etc.). Legislation Law N° 84/1998 on Trademarks and Geographical Indications (not the latest version, since amendments were made in 2008).

European Legislation on Protection of Geographical Indications Slovakia

Slovakia

General background information

Slovakia became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Cyprus, Estonia, Latvia, Lithuania, Czech Republic, Poland, Slovenia and Hungary). It is a Contracting Party to the Paris Convention from 1 January 1993, member to the Madrid Agreement on Indications of Source and the Madrid Agreement on Marks from the same date 133 and member to the Madrid Protocol on Trademarks from 1 September 1997. Slovakia is also a Member to the Lisbon Agreement on Appellations of Origin as from 1 January 1993 with over 30 appellations registered in the WIPO and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection Slovakia has a long tradition of the recognition and protection of geographical indications. In the former Czechoslovakia the use of appellations of origin was regulated by the special Act 159/1973 on the Protection of Appellations of Origin of Products and the implementing Order N° 134 160/1973 concerning the Procedure in respect of Appellations of Origin of Products.

When Czechoslovakia split, there were 154 appellations of origin registered at the national register. In accordance with the Agreement of 7 October 1993, signed between the presidents of 135 the Industrial Property Office of the Slovak Republic and the Industrial Property Office of the Czech Republic, 67 of them were recorded in the register of the Slovak Republic. At the moment there are more than 100 geographical indications registered in the Slovak Republic and the Industrial Property Office.

Before entering into the European Union, the protection of geographical indications and designations of origin resulted from registration in the register of the Industrial Property Office, which used to be the competent authority for the registration procedure under Act 469/2003 of 28 October 2003 on Designations of Origin and Geographical Indications for Products and on 136 Amendments of Some Acts. However, after becoming a party to European Union on 1 May 2004, Slovakia had to implement all the EC legislation in relation to protection of geographical indications. Since that date all the Community laws, including those on protection of geographical indications, were fully binding and directly applicable on the territory of Slovakia.

133 Source of information: http://www.wipo.int/treaties.

134 Law concerning the Protection of Appellation of Origin of Products N° 159, of December 12, 1973, see on http://www.upv.cz/zakony/159_73a.pdf (last visited 20 December 2010).

135 The Industrial Property Office of the Slovak Republic, for more information consult http://www.indprop.gov.sk/ (last visited 20 December 2010).

136 The text of the Act can be found on the official web site of the World Intellectual Property Organisation, http://www.wipo.int/clea/docs_new/pdf/en/sk/sk028en.pdf (last visited 20 December 2010). 83

European Legislation on Protection of Geographical Indications Slovakia

Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia allowing the new EC Members to have in place transitional protection to their GIs till 31 October 2004.Relevant Regulatory Framework Under Slovak Act N° 469 of 2003 on the Protection of Designations of Origin and Geographical Indications no opposition procedure was foreseen. In 2006 this Act Has been amended. EC Regulation 510/2006 is directly applicable and the new administrative procedure of registration allowing opposition at the national level was introduced in 2006.

Competent National Authority 137 The Ministry of Agriculture of the Slovak Republic is the competent authority for issues related to the designations of origin, geographical indications and names of traditional specialties. The register is managed by:

 Ministerstvo pôdohospodárstva SR Sekcia potravinárstva Dobrovičova 12 812 66 Bratislava Tel: 00421 2 592 66 544 Fax: 00421 2 529 63 738 E-mail: [email protected]

 Úrad priemyselného vlastníctva SR Ńvermova 43 974 05 Banská Bystrica Tel: 00421 48 4300 111 Fax: 00421 48 4132 563 E-mail: [email protected]

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006. Any interested person or supervisory agency may submit an opposition to the Ministry of Agriculture against the published application within prescribed period of 2 months.

The system of independent quality controls conducted by the private and public inspection bodies have been also introduced and monitored by the Industrial Property Office:

 Industrial Property Office of the Slovak Republic Jána Ńvermu 43, 074 04 Banská Bystrica, Slovakia +421 48 4300 403

137 The official web site of the Ministerstvo pôdohospodárstva SR is http://www.land.gov.sk/ (last visited 20 December 2010). 84

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[email protected]

Specific Provisions (Industrial goods) In compliance with Section 1, subsection 2 of the Law on the Protection of Appellations of Origin, there is a single regime of protection of appellations of origin for industrial, technical, agricultural and natural products. The protection of appellations of origin of products is included both in the Law on the Protection of Appellations of Origin of Products and in provisions on unfair competition. As far as the provisions on unfair competition are concerned, these are not regulated by a separate law, but are included in Law No. 513/1991 Coll., the Commercial Code. Timeframe and costs

Registration Overall registration makes over 2 years, at the national level it may be between 6 to 12 months (depending on whether the opposition has been filed).

Costs All the administrative fees in relation to GIs are indicated at the official web site of the Industrial Property Office - http://www.indprop.gov.sk/?administrative-fees-designation-of-origin-and- geographical-indications. For example filing an application for designation of origin for product or geographical indication for product cost € 66, filing a request for cancellation of registration of a designation of origin for product or geographical indication for product €132,50. Examples of Protected Names from Slovakia There are 4 registered PGIs in the EU from Slovakia “Skalický trdelník” (pastry), “Slovenský ońtiepok”, “Slovenská parenica”, “Slovenská bryndza” (cheeses). At present there are also 3 applications for PGIs from Slovenia. Legislation Slovak Act N° 469 of 2003 on the Protection of Designations of Origin and Geographical Indications.

European Legislation on Protection of Geographical Indications Slovenia

Slovenia

General background information

Slovenia became a Member of the European Union from 1 May 2004 (the fifth enlargement with Malta, Cyprus, Estonia, Latvia, Lithuania, Czech Republic, Poland, Slovakia and Hungary). It is a Contracting Party to the Paris Convention from 25 June 1991, member to the Madrid Agreement on Marks from the same date and member to the Madrid Protocol on Trademarks from 12 March 138 1998; and is a WTO Member since 30 July 1995. National Legal Framework for Protecting Geographical Indications

History of protection The framework of protection of geographical indications was introduced in Slovenia by the 139 Industrial Property Law of 20 March 1992. Articles 25-31 of this Law provided a definition of appellations of origin, registration procedure and established a register of AOs managed by the 140 Patent Office of Slovenia.

After becoming a party to European Union on 1 May 2004, Slovenia had to implement all the EC legislation in relation to protection of geographical indications. Since that date all the Community laws, including those on protection of geographical indications, were fully binding and directly applicable on the territory of Slovenia.

Relevant Regulatory Framework Since March 2006, new Regulation 510/2006 related to the registration and protection of geographical for agricultural products and foodstuffs is the major legal act regulating the protection of Slovenian designations of origin, geographical indications and names of special nature.

The new administrative procedure of registration on the national level was introduced in 2006. This procedure also included the possibility to object the registration at the national level. The system of independent quality controls conducted by the private and public inspection bodies

138 Source of information: http://www.wipo.int/treaties.

139 The text of the law can be found on http://www.uprp.pl/Formularze/ustawa2000_gb.doc. (last visited 12 December 2011).

140 The official web site of the Patent Office of Slovenia can be found on http://www.uil-sipo.si/ (last visited 12 December 2011). 86

European Legislation on Protection of Geographical Indications Slovenia

141 have been also introduced and monitored by the Ministry of Agriculture, Forestry and Food. This Ministry is also the authority responsible for registration of PDO and PGI names in Slovenia.

Competent National Authority The Ministry of Agriculture, Forestry and Food of the Republic of Slovenia is the competent authority for issues related to the designations of origin and geographical indications, in particular, the Safety and Quality of Food Section and the Inspection Service for Quality Control of Agricultural Products and Foodstuffs:

 Ministry of Agriculture, Forestry and Food Safety and Quality of Food Section Dunajska 56, 58, 1000 Ljubljana Mrs Mira Kos Skubic, Head Tel: +386 1 478 9110 Fax: +386 1 478 9055 E-mail: [email protected]

 Ministry of Agriculture, Forestry and Food Inspectorate of the Republic of Slovenia for Agriculture. Forestry and Food Inspection Service for Quality Control of Agricultural Products and Foodstuffs Parmova 33 1000 Ljubljana Tel: +386 1 434 57 34 Fax: +386 1 434 57 17

National procedure for PGIs, PDOs and TSGs An administrative procedure of opposition at the national level was introduced in 2006 in line with EC Regulation 510/2006. Any interested person or supervisory agency may submit an opposition to the Ministry of Agriculture, Forestry and Food of the Republic of Slovenia against the published application within prescribed period of 2 months.

The system of independent quality controls conducted by the private and public inspection bodies have been also introduced in Slovenia in 2006 and monitored by the Inspection Service for Quality Control of Agricultural Products and Foodstuffs:

 Bureau Veritas d.d. Linhartova cesta 49a, 1000 Ljubljana, Slovenia +38614757600 +38614757601 [email protected] http://www.bureauveritas.si

141 The official web site of the Ministry of Agriculture, Forestry and Food is http://www.mkgp.gov.si/en/ (last visited 12 December 2011). 87

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Specific Provisions (Industrial goods) Handicrafts and other industrial goods are governed by the Industrial Property Act of the Republic of Slovenia (Official Gazette RS No. 45/01) and supporting decrees. The procedure for registering geographical denominations for industrial products is conducted by the Patent Office of Slovenia. Timeframe and costs

Registration Overall registration makes over 2 years, at the national level it may be between 10 to 15 months (depending on whether the opposition has been filed).

Costs The Ministry of Agriculture, Forestry and Food does not indicate the fees for application or opposition in relation to Protected Designations of Origin or Protected Geographical Indications. Examples of Protected Names from Slovenia In the EU Register from Slovenia there is one registered PDO “Ekstra devińko oljčno olje Slovenske Istre” and one PGI “Prleńka tünka”. There are 17 applications at the moment under examination by the EC Commission from Lithuania.

Olive oil with the designation of origin “Ekstra devińko oljčno olje Slovenske Istre” (Extra virgin olive oil from Slovenian Istria) is produced from olive trees grown in the region of Slovenian Istria. Oil produced from one particular variety must contain at least 80 % of the declared variety. The permitted varieties are Istrska belica, Leccino, Buga, Črnica, Maurino, Frantoio and Pendolino.

“Prleńka tünka” is a typical Slovenian product composed of meat and minced lard („zaseka‟). The pieces of meat (legs, loin, sirloin or neck of pork) are salted, dry-heat treated and smoked. The minced lard (minced bacon) is prepared by heat treatment of the hard back fat, which is minced and seasoned. The meat and lard are matured together in the vessel for at least 30 days. Legislation There is no specific Slovenian legislation on Protected Designations of Origin and Geographical Indications.

European Legislation on Protection of Geographical Indications Spain

Spain

General background information

Spain has joined the European Communities on 1 January 1986 (third enlargement, together with Portugal). It is a Contracting Party to the Paris Convention from 7 July 1884, to the Madrid Agreement on Indications of Source and the Madrid Agreement on Marks from 15 July 1892 and 142 member to the Madrid Protocol on Trademarks from 1 December 1995. Spain is also signed the Lisbon Agreement on Appellations of Origin on 31 October 1958.

Spain is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection The protection of geographical indications in Spain was first established for wines and spirits. In 1932 the Spanish Wine Statute was adopted for the protection of the designations of origin for 143 wines (Denominaciones de Origen). The Wine Statute created Designations of Origin for wines, which were signs that indicated not only the place where the particular wine was produced, but 144 also the special quality of that wine.

The Wine Statute was in force until 1970 when it was replaced by the Law on Vineyard, Wine 145 and Alcohol Regulations. This Law extended the scope of regulation by including various agricultural products, among them olive oil, raw ham and cheese in 1975, beans, lentils and rice in 1982, peppers in 1986 and fresh meat in 1987. The 1970 Law also set up the National Institute 146 for Designations of Origin (Instituto Nacional de Denominaciones de Origen) to regulate and 147 monitor designations, and a Regulatory Authority for each designation. However, after the adoption of the new Constitution in 1978, Spain decentralised the system of recognition and registration of designations of origin. Seventeen Autonomous Communities (regions) were created, which are now in charge of their own designations of origin. Each region has its own department for designations of origin, while a special subdivision of the Ministry of Agriculture of

142 Source of information: http://www.wipo.int/treaties.

143 The Wine Statute was adopted by virtue of the Decree of 8 September 1932, which was transformed into a Law on 26 May 1933, during the Second Spanish Republic.

144 The first denomination protected by the Spanish Decree of 1937 under the new legal framework was the designation “Málaga Wine”. This Decree was adopted by the first Regulating Council for Designations of Origin in Spain which was created on 8 July 1933. The Decree that protected “Málaga wine” was approved on 20 October 1937.

145 Law N° 25 on Vineyards, Wine and Alcohol Regulations (Estatuto de la Viña, del Vino y de los Alcoholes) of 2 December 1970.

146 The Instituto Nacional de Denominaciones de Origen (INDO) was an independent public institution reporting to the Ministry of Agriculture, Fisheries and Food. This institution no loner exists. A special sub-division of the Directorate-General for Food Policy of the Ministry of Agriculture is now in charge of these affairs.

147 A Regulatory Authority was a decentralised body on which the inspection, promotion and defence of products was delegated at Autonomous Communities level. 89

European Legislation on Protection of Geographical Indications Spain

148 Spain is confined to coordinating and protecting Spanish designations at international level. The Ministry also has the same powers as an Autonomous Community when a designation involves the territory of more than one Autonomous Community.

Before 1986 Spain had its own concept of protection of designations of origin for wines. However, since 1986 Spain has been implementing EU regulations on quality wines produced in specified regions (“quality wines psr”) and protected designations of origin. Council Regulation 1234/2007 and all other EC regulations on wines and spirits apply in Spain. Relevant Regulatory Framework In 1985, one year before accession of Spain to the European Community, Royal Decree 1573/1985 established and regulated specific designations (“denominación específica”) and generic designations of origin (“denominación genérica”) for agriculture products other than wines.

For a geographical name to be protected as a specific designation (“denominación específica”), the product must draw its characteristics from its natural environment, raw material base or methods of preparation. The category of generic designation (“denominación genérica”) does not exist any longer, but it applied to groups of products with no precise area of origin but with common characteristics relating either to the system of production (e.g. organic farming) or to the method of production.

At the present time a variety of products with names that are protected as designation of origin in Spain include: virgin olive oils, rice varieties, spirits, fresh meat, spices, fruits, vegetables, ham, honey, vinegar, cheese, butter, nougat, nuts, molluscs and wines.

In 1994 the Spanish Ministry of Agriculture, Fisheries and Food issued a Ministerial Order which first established a direct correspondence between Spanish “denominaciones de origen” and “denominaciones específicas” for agricultural products and Protected Designations of Origin and Protected Geographical Indications introduced by EC Regulation 2081/92 and further regulated by Council Regulation 510/2006.

Competent National Authority Royal Decree 1890/1996 and Royal Decree 693/2000 in relation to the structure of the Ministry of Agriculture transferred the responsibilities belonging to the National Institute for Designations of Origin to the department of Ministry of Agriculture - Subdirección de Denominaciones de Calidad.

 MINISTERIO DE AGRICULTURA, PESCA Y ALIMENTACIÓN Secretaría General de Agricultura y Alimentación Dirección General de Industria Agroalimentaria y Alimentación Subdirección General de Calidad y Promoción Agroalimentaria Pº Infanta Isabel, 1 28071 MADRID Tel 00 34 91 347 53 94 E-mail [email protected]

 Authorities of the Autonomous Communities: JUNTA DE ANDALUCÍA Consejería de Agricultura y Pesca Dirección General de Industrias y Promoción Agroalimentaria

148 The Ministry special subdivision, which deals with designations of origin, is the Subdirectotate of Quality Designations. 90

European Legislation on Protection of Geographical Indications Spain

 DIPUTACIÓN GENERAL DE ARAGÓN Departamento de Agricultura y Alimentación Dirección General de Fomento Agroalimentario Edificio Centrorigen-Mercazaragoza

 PRINCIPADO DE ASTURIAS Consejería de Medio Rural y Pesca Dirección General de Agroalimentación

 COMUNIDAD AUTÓNOMA DE LAS ISLAS BALEARES Consejería de Agricultura y Pesca Dirección General de Agricultura

 XUNTA DE GALICIA Consellería del Medio Rural Dirección General de Producción, Industrias y Calidad Agroalimentaria

 GOBIERNO DE LA RIOJA Consejería de Agricultura y Desarrollo Económico Instituto de Calidad de La Rioja

 COMUNIDAD DE MADRID Consejería de Economía e Innovación Tecnológica Dirección General de Agricultura y Desarrollo Rural

 COMUNIDAD AUTÓNOMA DE LA REGIÓN DE MURCIA Consejería de Agricultura y Agua Dirección General de Industrias y Asociacionismo Agrario

 GOBIERNO DE NAVARRA Departamento de Agricultura, Ganadería y Alimentación Dirección General de Desarrollo Rural

 GOBIERNO VASCO Departamento de Agricultura, Pesca y Alimentación Dirección de Calidad Alimentaria c/Donostia-San Sebastián,1

 GENERALIDAD VALENCIANA Instituto Valenciano de Calidad Agroalimentaria Consejería de Agricultura, Pesca y Alimentación

National procedure for PGIs, PDOs and TSGs In line with EC Regulation 510/2006, designations of origin and geographical indications must be registered in order to be protected.

Two procedures are foreseen in Spain:

 for products with specific designations involving only one Autonomous Community;  for products with specific designation involving more than one Autonomous Communities.

European Legislation on Protection of Geographical Indications Spain

When only one Autonomous Community is involved, producers or producer associations of the product in question should apply to the Agricultural Ministry of that Autonomous Community, which is the competent authority for approving and regulating provisionally geographical designations. If more than one Autonomous Communities are involved, the producers of that product should apply to the special department of the Ministry of Agriculture (Subdirección de Denominaciones de Calidad y de Relaciones interprofesionales y contractuales), which is in charge of authorization and approval of registrations.

Once a competent authority establishes that a designation of a particular product fulfils all the necessary requirements for registration established by law, it approves and publishes the regulation which sets out all the details of production of the product. Royal Decree 1069/2007 of 27 July 2007 introduced the rules for the opposition procedure and registry applications in the Community Register of Geographical Indications and Designations of Origin. Article 5 provides for the possibility to oppose registration at the national level within 2 months after the registration of approved specification of the product.

The Regulation with the details of production of the product, approved by either the Autonomous Community competent authority or the central administration competent authority constitutes the Control Board (or Regulatory Council) of the protected denomination, which is in charge of the inspections and controls of quality of the product.

Once the designation is provisionally granted by the Autonomous Community or by the Ministry, the national authority submits an application to the European Commission in order to register the denomination at the Community level.

Official Control and Verification of Compliance With regard to inspection, any group aiming to produce a PDO or PGI must contact an inspection body. This must certify that the procedures for the production, processing and preparation of a product meets the specifications. The applicants nominate the inspection body. This may be a public body (in some cases the Trading Standards Office) or a private one. Under Article 10 of Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011. The authorities in charge of the inspections and controls are the “Consejos Reguladores” (“Regulatory Councils”). Councils also protect and promote designations of origin and their members are chosen among both producers and processing bodies every four 149 years. The central Administration can also make inspections upon producers‟ or manufacturers‟ request in case they observe any anomaly in the behavior of the Regulatory Council.

The state authorities to do the controls are Departments of Consumer Protection (Dirección General de Consumo) of the Authorities of the Autonomous Communities. In total there are 20 of them:

 JUNTA DE ANDALUCÍA - Dirección General de Consumo;  GOBIERNO DE ARAGÓN - Dirección General de Consumo;  PRINCIPADO DE ASTURIAS - Agencia de Sanidad Ambiental y Consumo;  GOBIERNO BALEAR - Dirección General de Consumo Paseo del Borne;  GOBIERNO DE CANARIAS - Dirección General de Consumo;  GOBIERNO DE CANARIAS - Dirección General de Consumo;  GOBIERNO DE CANTABRIA - Dirección General de Comercio y Consumo;  JUNTA DE COMUNIDADES DE CASTILLA-LA MANCHA - Dirección General de

149 Councils also protect and promote designations of origin and geographical indications. The members of Regulatory Councils are chosen every four years among producers and traders of the product in question. For example, Rioja Regulatory Council consists of a president, 28 members and 4 representatives of the Public Administration (from the Ministry of Agriculture and the Autonomous Communities of La Rioja, Navarra and the País Vasco), who attend the sittings and are allowed to speak during the meetings but have no right to vote. 92

European Legislation on Protection of Geographical Indications Spain

Consumo;  JUNTA DE CASTILLA Y LEÓN - Agencia de Protección Civil y Consumo;  GENERALIDAD DE CATALUÑA – Subdirección General de Disciplina de Mercado, Agencia Catalana del Consumo;  JUNTA DE EXTREMADURA - Dirección General de Consumo;  XUNTA DE GALICIA - Dirección General de Comercio y Consumo;  COMUNIDAD AUTÓNOMA DE LA RIOJA – Subdirección General de Seguridad Alimentaria y Consumo;  COMUNIDAD DE MADRID - Dirección General de Consumo;  COMUNIDAD DE LA REGIÓN DE MURCIA - Dirección General de Consumo Calderón de la Barca;  GOBIERNO DE NAVARRA - Dirección General de Familia, Infancia y Consumo;  GOBIERNO VASCO - Dirección General de Comercio y Consumo Donostia;  GENERALIDAD VALENCIANA – Dirección General de Comercio y Consumo;  CIUDAD AUTÓNOMA DE CEUTA - Servicio de Consumo;  CIUDAD AUTÓNOMA DE MELILLA - Dirección General de Sanidad y Consumo

Specific Provisions (Industrial goods) 150 151 The 1988 Trademark Law, as last amended by Law 17/2001, permits the use of a geographical name to indicate a collective or guarantee/certification trademark. However, trademarks with geographical references must not be of such a nature as to deceive the public for instance as to the quality or geographical origin of the goods or services. Timeframe and costs

Registration Overall registration makes over 3 years, at the national level it may be between 1 to 2 years (depending on whether the opposition has been filed).

Costs The Spanish Ministry of Agriculture, Fisheries and Food does not indicate the fees for application or opposition to PGIs and PDOs. Examples of Protected Names from Spain In Spain, over 170 GI products generate some €3.5 billion. There are many famous PDO and PGI products from Spain registered in the EU, among them PDOs “Roncal”, “Cabrales”, “Queso Tetilla”, “Queso Manchego” (for cheeses), Jamon de Teruel” (for ham), “Miel de Galicia” (for honey), “Pera de Jumilla” (for pears); PGIs “Melon de la Mancha” (for melons), “Patapas de Prades” (for potatoes), “Pimiento Riojano” (for peppers), “Espárrago de Navarra” (for asparagus), “Clementinas de las Tierras del Ebro” (for mandarins). Legislation Royal Decree 1069/2007 of 27 July 2007 with the rules on oppositions procedure and registry applications in the Community Register of Geographical Indications and Designations of Origin is only available in Spanish.

150 Article 66 of Law 32/1988 of 10 November 1988.

151 Law 17/2001, Article 62.3. 93

European Legislation on Protection of Geographical Indications Sweden

Sweden

General background information

Sweden acceded to the European Union on 1 January 1995 (the forth enlargement with Austria and Finland). It is a Contracting Party to the Paris Convention from 1 July 1885, member to the Madrid Agreement on Indication of Source from 1 January 1934 and member to the Madrid 152 Protocol on Trademarks from 1 December 1995; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In Sweden there was no specific legislation on the protection of geographical indications before entering into the EC on 1 January 1995, as the country did not have a tradition of protecting “typical products”.

Competent National Authority The national authority in charge of applications and examinations of PDOs and PGIs in Sweden 153 is the National Food Administration (Livsmedelsverket).

 The National Food Administration Box 622 SE - 751 26 Uppsala Sweden Hamnesplanaden 5, Uppsala +46 18 17 55 00 +46 18 10 58 48 E-mail to registrar [email protected]

National procedure for PGIs, PDOs and TSGs EC Regulation 510/2006 is directly applicable and new administrative procedure of registration on the national level has been introduced. This procedure also included the possibility to object the registration at the national level. The applications should be sent to the National Food Administration.

152 Source of information: http://www.wipo.int/treaties.

153 The official web site of the National Food Administration is http://www.slv.se (last visited 17 December 2010). 94

European Legislation on Protection of Geographical Indications Sweden

In Sweden, the control authority is also the National Food Administration (special department of this Administration).

Specific Provisions (Industrial goods) The protection of geographical indications for industrial goods is provided in general through provisions in the Swedish Marketing Act of 27 April 1995 (Swedish Statute Book 1995 No. 450, with amendments). Such protection does not require registration. Timeframe and costs

Registration Overall registration makes over 1,5 - 2 years, at the national level it may be between 3 to 5 months (deepening on whether the opposition has been filed).

Costs The National Food Administration does not charge any fees for application or posing an opposition. Examples of Protected Names from Sweden There are only four EC protected geographical names in Sweden: the PGIs Svecia, Skånsk spettekaka and Bruna bönor från Öland and PDO Kalix löjrom for a whitefish roe from the Northern Sweden.

Since 1920, Svecia is a collective name for a cheese that is produced and sold locally. The name originates from the Latin word for Sweden. Before 1920, each cheese was named after the village where it was produced. The cheese must be produced in Sweden.

Skånsk spettekaka is a pastry that is produced in the Southern region Skåne in Sweden. Currently, around 10-15 bakeries produce the pastry that consists of, inter alia, egg, sugar and potato flour. The name Skånsk spettekaka can be traced back to the year 1839.

Bruna bönor från Öland is a typical Swedish product, which consists of the dry seeds of brown beans (Phaseolus vulgaris L.) of the Bonita, Karin, Katja and Stella I varieties. It has delicate and slightly sweet and sour taste. Legislation There is no specific Swedish legislation on Protected Designations of Origin and Protected Geographical Indications, as Council Regulations 510/2006, 1234/2007 and 110/2008 are directly applicable in Sweden.

European Legislation on Protection of Geographical Indications The United Kingdom of Great Britain and Northern Ireland The United Kingdom of Great Britain and Northern Ireland

General background information

The United Kingdom (UK) joined the European Economic Communities on 1 January 1973 (together with Ireland and Denmark). It is a Contracting Party to the Paris Convention from 7 July 1884, member to the Madrid Agreement on Indication of Source from 15 July 1892 and signed the Madrid Protocol on Trademarks on 1 December 1995. The UK is a founding Member of the 154 WIPO, with signature of the WIPO Convention on 26 April 1970; and is a founding WTO Member since 1 January 1995. National Legal Framework for Protecting Geographical Indications

History of protection In the United Kingdom of Great Britain and Northern Ireland there was no specific legislation on the protection of geographical indications before 1993 as the country did not have a tradition of protecting “typical products”, but such names have always benefited from a degree of legal 155 protection under the common law action for passing off, the Trade Descriptions Act 1968 and the Trademarks Act 1994.

Relevant Regulatory Framework Council Regulation 510/2006 is directly applicable in the United Kingdom, as there is no specific UK legislation on Protected Designations of Origin and Protected Geographical Indications. Administrative procedure on national registration with the possibilities to object at the national level within 12 weeks has been provided in 2006.

Competent National Authority The Department for Environment, Food & Rural Affairs is the competent national authority for handling applications for registration of geographical indications and traditional specialities.

 Department for Environment, Food and Rural Affairs Simon Johnson Regional and Local Food Team, Food and Family Group Area 8E, 9 Millbank, Nobel House 17 Smith Square LONDON SW1P 3JR Tel: 0044 207 238 6623 Fax: 0044 207 238 5728 E-mail: [email protected] Further information in English version http://www.defra.gov.uk/foodrin/foodname/intro.htm.

154 Source of information: http://www.wipo.int/treaties.

155 „Passing off‟ is a term used in common law countries. „Passing off‟ is a tort, a legal wrong. It occurs when one trader presents goods or services in a way which is likely to injure the business, reputation or goodwill of another trader. 96

European Legislation on Protection of Geographical Indications The United Kingdom of Great Britain and Northern Ireland

National procedure for PGIs, PDOs and TSGs The Department for Environment, Food and Rural Affairs checks the applications submitted by producer groups to ensure they meet the criteria laid down in the EU Regulation and, when content, forwards the application to the European Commission.

In compliance with Article 5.5 of Council Regulation 510/2006, once an application has been completed and submitted to the relevant department, a national objection procedure is initiated where the application is made public, and anyone with a legitimate interest may lodge an objection to the application within the given timescale (12 weeks). Once any objections have been considered, DEFRA officials decide whether the application should be submitted to the Commission. If so, this decision will be made public, the final version of the application will be published, and a further opportunity for appeal provided. Comments must be received within 14 working days of publication. Once a UK product or a product from another European country is published in the Official Journal, the department provides for the consultation of specialist bodies 156 depending on the sector concerned.

157 In addition, the UK Trademarks Registry checks that the name to be registered is not already registered as a trademark. This is done by publishing the proposed geographical indications in the UK Trademarks Journal. Once the opposition procedure is concluded the Department for Environment, Food & Rural Affairs ensures that registered products are inspected and conform 158 to the registered specifications. The Trading Standards Officers, which are controlled and financed by local government, are responsible for monitoring that registered names are respected. They also monitor the appropriate use of such names. Generally speaking, they can start proceedings in the event of the deceptive use of a geographical indication.

Under Article 10 of Regulation 510/2006, private inspection bodies must fulfil the requirements laid down in European Standard EN 45011. In the UK, accreditation is granted by UKAS (United Kingdom Accreditation Service). See more on http://www.ukas.com.

Authorities/control bodies ensuring the respect of specifications can be found in relation to each product in DOOR (http://ec.europa.eu/agriculture/quality/door/list.html). National Competent Authorities responsible for compliance on the marketplace can be found in the list available at http://ec.europa.eu/agriculture/quality/schemes/index_en.htm. In the UK it is the Local Government who checks the verification of compliance and conducts the inspections (so called LACORS - http://www.lacors.gov.uk/lacors/home.aspx).

Specific Provisions (Industrial goods, wines and spirits) The United Kingdom has adopted the Community legislation on wines and spirits. The Scotch Whisky Act 1988 and the Scotch Whisky Order 1990 do not provide geographical restrictions or

156 For example, Meat and Livestock Commission, British Poultry Meat Federation, Dairy Industry Federation.

157 For more information consult on http://www.patent.gov.uk/tm/ (last visited 13 December 2010).

158 For more information consult http://www.ealing.gov.uk/services/tradingstandards/default.asp (last visited 13 December 2010). 97

European Legislation on Protection of Geographical Indications The United Kingdom of Great Britain and Northern Ireland precise rules on designations but there is a specification giving the minimum production criteria to be complied with for a whisky to be called Scotch whisky.

Protection of geographical indications for industrial goods is provided in the United Kingdom through various statutory instruments including the Trade Marks Act 1994, the Trade Descriptions Act 1968. A passing off action can be brought in respect of a geographical indication for any product. Similarly, action under the Trade Marks Act 1994 is possible in respect of any geographical indication that is registered except where protection is also sought through EC Regulation 510/2006, 110/2008 and 1234/2007. Timeframe and costs

Registration Overall registration makes over 2 years, at the national level it may be between 6 to 10 months (depending on whether the opposition has been filed).

Costs DEFRA does not charge any fees for application or posing an opposition. Examples of Protected Names from the UK The following names for agricultural products and foodstuffs are protected in the EU as PDOs and PGIs and coming from the UK (beers: Kentish ale (PGI), Kentish strong ale (PGI), Rutland bitter (PGI); cheeses: Beacon Fell traditional Lancashire (PDO), Buxton Blue (PDO), Stilton - Blue (PDO), Stilton - White (PDO), West Country Farmhouse Cheddar (PDO); Cornish Clotted Cream (PDO); Arbroath Smokie Salmon (PGI), Whitstable Oysters (PGI), Isle of Man Manx Loaghtan Lamb (PDO), Orkney beef (PDO), Orkney lamb (PDO), Scotch beef (PGI), Scotch lamb (PGI), Shetland lamb (PDO), Welsh beef (PGI), Welsh lamb (PGI), Melton Mowbray Pork Pie (PGI), Jersey Royal Potatoes (PDO), Yorkshire Forced Rhubarb (PDO), Traditional Farm fresh Turkey (TSG), Traditionally Farmed Gloucestershire Old Spots Pork (TSG). Legislation There is no specific UK legislation on Protected Designations of Origin and Protected Geographical Indications, as Council Regulation 510/2006 is directly applicable in the United Kingdom.

European Legislation on Protection of Geographical Indications Annex: Overview of EU legislation for Geographical Indications for wine Annex: Overview of EU legislation for Geographical Indications for wine

1. EU reform in the wine sector

The European Union is a leading world producer of wine with over 175 million hectoliters every year, it accounts for 45% of wine-growing areas, 65% of production, 57% of global consumption 159 and 70% of exports in global terms.

Since the introduction of the common market organisation (CMO), the wine market has developed considerably. In brief, it has been characterised by three stages:

 a very short initial period of equilibrium,  followed by a marked increase in production against a constant level of demand, and  finally, a continuous decline and a very noticeable qualitative change in demand from the 1980s.

The 1999 Reform of the CMO for wine strengthened the goal of achieving a better balance between supply and demand on the Community market, giving producers the chance to bring production into line with a market demanding higher quality and to allow the sector to become competitive in the long term - especially in the face of increased global competition following GATT - by financing the restructuring of a large part of present vineyards.

The further reform of 2007 was urgently required given the structural production surpluses within the EU. The situation of surpluses was due to the steady decline in wine consumption in the EU over recent decades and the far slower growth in Community exports since 1996 compared with the growth in wine imports from the “New World”.

The reform aimed to balance out supply and demand, win back old markets and conquer new ones while taking care to preserve the best traditions of Community wine production, strengthen the social fabric of rural areas and protect the environment.

As regards management of the production potential, a new three-year grubbing-up scheme has been introduced from the 2008 / 2009 season for a three-year period, and the vine-planting ban will be maintained, with a few exceptions, until 31 December 2015. However, Member States may decide to maintain the ban until as late as 31 December 2018.

To finance specific support measures for the wine sector, each Member State has to allocate a national envelope whose value is linked to its historical share in the Community wine budget, its wine-growing area and its production history.

Measures eligible for financing from the national envelopes are those aimed at: supporting farmers‟ income under the single payment scheme (up to €350/ha for farmers taking part in the grubbing-up scheme, with the option of awarding aid to wine growers based on objective and non-discriminatory criteria), making the sector more competitive (promotion in third-country markets, vineyard restructuring/conversion, overall improvement in company performance), preventing and managing market crises (green harvesting, mutual funds) and managing climate and health risks (harvest insurance). Subsidies for the distillation of winemaking by-products are still permitted. In contrast, subsidies for potable alcohol distillation, crisis distillation in the event

159 For more information and statistics on wine consult http://ec.europa.eu/agriculture/markets/wine/index_en.htm. 99

European Legislation on Protection of Geographical Indications Annex: Overview of EU legislation for Geographical Indications for wine of a production surplus and the use of concentrated grape must to increase wine‟s alcoholic strength will no longer be allowed after 31 July 2012.

In parallel with the financial aspects of the reform, the legal framework for wines sold under a protected designation of origin has been changed. This change was explained by the overall reorganisation of the common market organisation in the EU.

A common market organisation (CMO) in the EU agricultural sector governs 21 sectors, which until 2007 were individual CMOs (for example, cereals, wine, rice, olives and olive oil, milk and milk products, beef and veal, poultry meat and eggs, pig meat, fresh and processed fruits and 160 vegetables, etc).

In 2007, a new EC Regulation was introduced, which replaced all 21 separate regulations establishing common organisations of markets for different agricultural products. It establishes a system common to all the products concerned. Those products include live trees, ornamental flowers, pork, eggs, poultry, raw tobacco, bananas, fruit and vegetables, processed fruit and vegetables, beef and veal, milk, flax and hemp, sheep and goat meat, cereals, rice, dried fodder, olive oil, seeds, hops, sugar and wine.

Up until 2007, each product regulated under the CAP had its own regulation setting up a common organisation of the market. The consequence was a considerable degree of overlap between them and sometimes different mechanisms were adopted to solve similar or identical problems. At the same time, different rules will exist to take account of the particularities of each product. Nevertheless, the single regulation should simplify the regulatory environment considerably. Council Regulation 1234/2007 entered into force on 1 January 2008 (so called 161 “Single CMO Regulation”).

Gradually, the whole legal framework for the wine sector has been modified. Next section will explain what changes have been introduced and will provide the overview of the current legal framework applicable to geographical indications and designations of origin for wines.

160 See for more background information repealed Council Regulation (EC) No 1787/2003 of 29 September 2003 on the common organisation of the market in milk and milk products; Council Regulation (EC) No 1512/2001 of 23 July 2001 amending Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal; Council Regulation (EEC) No 2771/75 on the common organisation of the market in eggs and Council Regulation (EEC) No 2777/75 on the common organisation of the market in poultry meat; Council Regulation (EC) No 1365/2000 of 19 June 2000 amending Regulation (EEC) No 2759/75 on the common organisation of the market in pig meat; Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96; Council Regulation (EC) No 2699/2000 of 4 December 2000 amending Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables, Regulation (EC) No 2201/96 on the common organisation of the market in processed fruit and vegetables and Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits. 161 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 299, 16 November 2007, p. 1, as last amended by Commission Regulation (EU) No 513/2010 of 15 June 2010, L 150, 16 June 2010, p. 40. 100

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2. EU rules for protection of designations of origin and geographical indications for wines

2.1. Council Regulation 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products Before 2008 there were no EU special legal provisions in relation to GIs for wines and no EU register for wine GI names. Various national laws regulated that area. However, similar to the system of registration and protection of PGIs and PDOs for agricultural products and foodstuffs, specific rules on registration of geographical indications for wines in the European Union were established by Council Regulation 479/2008 of 29 April 2008 on the common organisation of the 162 market in wine, in particular Chapters III, IV and V on designations of origin, geographical indications and traditional terms. These provisions had to be incorporated into the Single CMO Regulation.

As a consequences, Council Regulation 479/2008 of 29 April 2008 was repealed by Council Regulation 491/2009 of 25 May 2009 amending Regulation 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products 163 (Single CMO Regulation). Article 3.1 of Council Regulation 491/2009 clearly provides: “Subject to paragraph 2, Regulation (EC) No 479/2008 shall be repealed”.

The framework for protection of GIs provided by Council Regulation 1234/2007 is applicable to wines (including wines from raisined and overripe grapes), sparkling and semi-sparkling wines, liqueur wines and quality sparkling wines (including quality aromatic sparkling wines and aerated 164 sparkling wines), as well as partially fermented grape must. The protection for designations of origin and geographical indications is not limited to the EU wines, but available for wines from third countries.

The EC Regulation points out that the concept of quality wines in the Community has always been based, inter alia, on the specific characteristics attributable to the wine‟s geographical origin. Such wines are identified for consumers via protected designations of origin and geographical indications.

Article 118b of the Regulation defines designations of origin for wines as:

162 Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999, OJ L 148, 6/6/2008, p. 1.

163 Council Regulation 491/2009 of 25 May 2009 amending Regulation 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, OJ L 154, 17.6.2009, p. 1–56.

164 According to Article 118a of EC Regulation 1234/2007 rules relating to designations of origin, geographical indications and traditional terms laid down by that Regulation apply only to the products referred to in paragraphs 1 (Wine), 3 to 6 (Liqueur wine, Sparkling wine, Quality sparkling wine, Quality aromatic sparkling wine), 8 (Semi- sparkling wine), 9 (Aerated semi-sparkling wine), 11 (Partially fermented grape must), 15 (Wine from raisined grapes) and 16 (Wine from overripe grapes) of Annex XIb “Categories of grapevine products”.

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… the name of a region, a specific place or, in exceptional cases, a country used to describe a product referred to in Article 118a(1) that complies with the following requirements: (i) its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; (ii) the grapes from which it is produced come exclusively from this geographical area; (iii) its production takes place in this geographical area; (iv) it is obtained from vine varieties belonging to Vitis vinifera.

Certain traditionally used names can be recognised as designation of origin if they: (a) designate a wine; (b) refer to a geographical name; (c) meet the requirements provided for designations of origin for wines (d) undergone the procedure conferring protection on designations of origin and geographical indications as provided by Regulation 1234/2007.

Geographical indications for wines described by Article 118b of the Regulation as indications: … referring to a region, a specific place or, in exceptional cases, a country, used to describe a product referred to in Article 118a(1) which complies with the following requirements: (i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin; (ii) at least 85 % of the grapes used for its production come exclusively from this geographical area; (iii) its production takes place in this geographical area; (iv) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

Therefore, the major differences between designations of origin and geographical indications for wines are the following:

 in order for a wine to qualify for a designation of origin, the grapes from which it is produced must come exclusively from the geographical area indicated, where for geographical indications only 85% rule is applied;  traditional non-geographical names may be registered as designations of origin and only geographical names can be registered as geographical indications;  the link between the territory and specific features in case of designations of origin must be more objective, as explained by the Regulation “its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors”, whereas for geographical indications a link is necessary but is not essential or exclusive, as stated in the Regulation “specific quality, reputation or other characteristics” must be merely “attributable to that geographical origin”;  finally, for designations of origin only Vitis vinifera vine varieties can be used, whereas for geographical indications crossings between the Vitis vinifera species and other species of the genus Vitis are also allowed.

To qualify for protection in the Community, designations of origin and geographical indications should be recognised and registered at Community level.

It should be noted that the Regulation establishes regime of protection under which applications for a designation of origin or a geographical indication are examined in line with the approach followed under the Community‟s horizontal quality policy applicable to agricultural products and foodstuffs other than wines and spirits in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

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Therefore, the requirements for application, application procedure, protection and control provided in Articles 118a – 118zb of Subsection I “Designations of origin and geographical indications” of Regulation 1234/2007 are very similar to the corresponding provisions of Regulation 510/2006.

The main actors involved in the procedure for registration of wine names are applicants (group of producers) and national and European authorities responsible for registration. The group of producers interested in applying for the registration of a European GI name in the EU must follow a procedure that includes two phases, one at the national level, the other at the European level (Articles 118c – 118). The whole process can take several years.

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This chart briefly explains the different steps of the procedure at national and EU levels.

------Preparation by the group of wine producers of a technical file in accordance with Article 118c “Content of application for protection”

Request from the producer’s group sent to its competent national authorities

Examination of the application by the national authority (Article 118f) to check if it is justified and meets the conditions of Regulation 1234/2007

Objection procedure (118f(3))

If no objection is raised and the requirements of the regulation are met, the Member State takes a favourable decision If objection is raised, the Member State considers the admissibility of the objections and decides whether to reject or accept the application

Publication of the positive decision | V Request from the producer’s group sent to the European Commission by the Member State

Examination of the application by the Commission (Article 118g)

Objection procedure (Article 118h)

If objection admissible: consultation period between the interested parties (6 months period) If no agreement is reached, the Commission takes a decision and publishes it in the Official Journal of the European Union If no objection is made, the name is registered and entered into the European Register of Protected Geographical Indications and Designations of Origin.

Registration published in the OJ EU (Article 118i). ------

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The EC Regulation provides for an extensive protection of GIs for wines. According to Article 118m, producers are given an exclusive right to use the registered name for their products. This means that the following is prohibited:

 any direct or indirect commercial use of a registered name in respect of products not covered by the registration in so far as those products are comparable to the products registered under that name or in so far as using the name exploits the reputation of the protected name;  any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as „style‟, „type‟, „method‟, „as produced in‟, „imitation‟ or similar;  any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;  any other practice liable to mislead the consumer as to the true origin of the product.

In spite of the division between the designations of origin and geographical indications, all registered PDOs and PGIs for wines benefit from the same level of protection in the EU. As far as enforcement of the rights is concerned, the EU has established an ex officio protection – i.e. a system by which the state or public authorities are responsible for policing and ensuring GI protection. As a result, Member States are obliged to set up the necessary control bodies and procedures. The use of registered GIs for wines is restricted to the products that meet the specifications.

All PGI and PDO wine names registered are subject to controls to ensure that the requirements 165 of the registered specification are met.

To preserve the particular quality characteristics of wines with a designation of origin or a geographical indication, the legislator allows the EU Member States to apply more stringent rules. Wine names, which are protected in accordance with Articles 51 and 54 of Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products are automatically protected under this Regulation. The Commission listed all these names in the register provided for in Article 118n of this Regulation.

In Subsection II of Regulation 1234/2007 protection is provided to the traditional terms. Article 118u defines “traditional term” meaning:

…a term traditionally used in Member States for products referred to in Article 118a(1) to designate: (a) that the product has a protected designation of origin or a protected geographical indication under Community or national law; (b) the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication.

165 See in particular Article 118p of the Regulation. 105

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2.2. Commission Regulation 753/2002 of 29 April 2002 on the description, designation and protection of certain wine sector products 166 In May 2002 the European Commission adopted new rules for the labelling of wine. These rules continue to be applied notwithstanding the legal framework established by Council Regulation 1234/2007.

Regulation 753/2002 lays down provisions concerning:

 obligatory terms on the labels (among them, the sales designation, volume, alcoholic 167 strength, lot number and name of bottler and/or consignor and/or importer);  optional but regulated terms (e.g., the type of product and a particular colour, terms concerning the vintage year, the vine variety, awards and medals, production methods, 168 traditional expressions, names of vineyards and places of bottling);  free terms (such terms that do not fall under either the obligatory or optional but regulated categories may be added on the label, providing they do not mislead consumers).

The use of geographical indications with regard to table wines is regulated by Article 28 of Regulation 753/2002. Each wine producing Member State has to notify to the EC Commission the list of names of geographical units smaller than the Member State, that may be used as a geographical indication and the provisions regulating their use. The Commission publishes the names of the geographical units in the Official Journal of the European Communities. The producer Member State may adopt stricter rules on the use of these terms for wine produced in their territory.

According to Article 59 of Regulation 479/2008 the labelling and presentation of wines referred in Article 34 marketed for export or in the Community must contain:

(a) the designation for the category of the grapevine product in accordance with Annex IV; (b) for wines with a protected designation of origin or geographical indication: a. the term „protected designation of origin‟ or „protected geographical indication‟; and b. the name of the protected designation of origin or geographical indication; (c) the actual alcoholic strength by volume; (d) an indication of provenance; (e) an indication of the bottler or, in the case of sparkling wine, a. aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor; (f) an indication of the importer in the case of imported wines; (g) in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

The traditional specific terms such as “gecontroleerde oorsprongsbenaming”, “appellation d‟origine contrôlée”, “Qualitätswein garantierten Ursprungs” or “Denominación de origen calificada” are reserved by particular Member States and listed in Article 29 of Regulation

166 Commission Regulation 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation 1493/99 as regards the description, designation and protection of certain wine sector products; OJ L 118, 4/05/2002, p. 1, as last amended by Commission Regulation 1471/2007 of 13 December 2007, OJ L 329, 14 December 2007, p. 9.

167 Regulation 753/2002 adopts certain details on the use of these terms.

168 Traditional expressions are names of vineyards and places of bottling are reserved for wines with a geographical indication. 106

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753/2002. These traditional terms could be only used as specified by the Member States reserving the right to use these terms. According to Article 30 of Regulation 753/2002, wines carrying one of the following specified regional names under the applicable EC and national provisions may be marketed using certain names only:  in Grece – “Samos”  in Spain – “Cava”, “Jerez”, “Xérès” or “Sherry” and “Manzanilla”;  in France – “Champagne”;  in Italy – “Asti”, “Marsala” and “Franciacorta”;  in Portugal – “Madeira” or “Madère” and “Porto” or “Port”.

To prevent misuse and in the interests of fair competition, consumer protection and market transparency, traditional expressions are reserved for the wines concerned. Examples of these traditional expressions are Ruby, Tawny or Vintage for “Port” from Portugal, Amarone for “Valpolicella” or Gutturnio for “Colli Piacentini” or Lacryma Christi for “Vesuvio” from Italy, Liebfrau(en)milch for “Nahe”, “Rheinhessen”, “Pfalz”, “Rheingau” or Moseltaler for “Mosel-Saar- Ruwer” from Germany, Claret for “AOC Bordeaux” from France and others. In this case the traditional expression “Vintage” is only reserved for use with liqueur wines but not for ordinary still wines.

Some additional traditional terms like “château”, “amber”, “klassik” or “classic”, “cream”, “crianza”, “reserva”, “chiaretto”, “scelto” are reserved for all wines and can be used only on the particular categories of wines as specified by Annex III of Regulation 753/2002. For example, the traditional French term “château” can only appear on quality wines psr, quality sparkling wines psr and quality liqueur wines psr and not on table wines. These traditional expressions are considered to be so closely linked to a geographical origin as to meet the TRIPs definition of a geographical indication. Therefore, the Regulation provides for exclusive protection for these terms subject to the TRIPs provisions.

Trademarks used to describe a wine on its label may not contain traditional terms listed in Annex III of Regulation 753/2002 unless the wine qualifies for such a traditional term. However, there is a special provision for all pre-existing trademarks applicable in the territory of the European Community. In the case of trademarks legally registered in good faith in the Community, or that have legitimately acquired rights in the Community by being used in good faith before the date of publication of this Regulation (or, in the case of traditional terms added to Annex III after the entry into force of this Regulation, before the date of the addition) that have actually been in legal use in good faith since that registration or acquisition of rights, the use of traditional terms listed 169 in Annex III of Regulation is allowed. However, this provision applies only in the Member State in which the brand name in question has been registered or in which rights have been acquired by that usage.

The Regulation reserves certain bottle shapes for certain types of wine, such as the German 170 171 172 “Bocksbeutel” or “Cantil” bottle or the French “Flute d‟Alsace” and “Clavelin”.

Provisions applying to third country wines marketed in the EC are also included in the Regulation. In the context of third country wines, Regulation 752/2002 provides for national treatment. This means that third country wines with geographical indications are treated the same as EC wines

169 Article 24(3) of Regulation 753/2003.

170 Short-necked glass bottle, pot-bellied but flattened in shape, the base and the cross-section of the bottle at the point of greatest convexity are ellipsoidal.

171 A glass bottle consisting of a straight cylindrical body with a long neck.

172 A short-necked glass bottle containing 0,62 litres, consisting of a cylindrical body with broad shoulders, giving the bottle a squat appearance. 107

European Legislation on Protection of Geographical Indications Annex: Overview of EU legislation for Geographical Indications for wine with geographical indications. In terms of the use of geographical indications, there must be full compliance with the TRIPs obligations. For WTO Members, geographical indications may be used if they meet the definition provided in the TRIPs Agreement. Also, the use of homonymous geographical indications is permitted in accordance with the TRIPs Agreement commitments.

2.3. Commission Regulation 607/2009 with implementing provisions In addition to the legal framework established by Council Regulation 1234/2007, there is Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products. In spite of the fact that Council Regulation 479/2008 is repealed by Council Regulation 1234/2007, implementing rules in relation to application requirements, procedural issues, examination and registration of Protected Designations of Origin and Protected Geographical Indications for wines continue to apply.

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European Legislation on Protection of Geographical Indications Legislation: EU and EU Member States

Legislation: EU and EU Member States

European Union

Council Regulation 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 93, 31/03/2006

Commission Regulation 1898/2006 of 14 December 2006 laying down detailed rules on implementation of Council Regulation 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 369, 23/12/2006, p. 12

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 299, 16 November 2007, p. 1, as last amended by Commission Regulation (EU) No 513/2010 of 15 June 2010, L 150, 16 June 2010, p. 40

Commission Regulation 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, OJ L 118, 4/05/2002, p. 1

Regulation 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirits drinks and repealing Council Regulation (EEC) N° 1576/89, OJ L 39, 13/02/2008.

Bulgaria

Law on Marks and Geographical Indications 1999

Czech Republic

Act on the Protection of Designations of Origin and Geographical Indications and on the Amendment to the Act on Consumer Protection 2001

Estonia

Geographical Indication Protection Act 1999

France

The Consumer Code 2011 (French)

Hungary

Act on the Protection of Trademarks and Geographical Indications 1997

Italy

Decree of 21 May 2007 on the “Procedure for the national registration of PDO and PGI, in accordance with Regulation (EC) No 510/2006” (Italian)

Decree 410 of 12 September 2000 on the “Adoption of the rules concerning the allocation of costs arising from the activities of the Consortium for the protection of designations of origin and geographical indications commissioned by the Ministry of Agriculture and Forestry” (Italian)

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Latvia

Law on Trademarks and Indications of Geographical Origin 1999

Procedures for the Registration and Protection of Geographical Indications of Agricultural Products and Foodstuffs

Portugal

Industrial Property Code

Romania

Law on Marks and Geographical Indications 1998

Slovakia Act on designations of origin for products and geographical indications for products and on amendment of some acts

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The European Patent Office (EPO) is the The Ministry of Commerce Supported by the EU-China IPR2 Project, European implementing organisation (MOFCOM) is the IPR2 Chinese a partnership project on the protection for IPR2, and draws on expertise from implementing organisation. and enforcement of intellectual property its Member States in specific fields and rights in China the Office for the Harmonisation in the www.mofcom.gov.cn Internal Market (OHIM) on trademark www.ipr.gov.cn www.ipr2.org and design. www.epo.org www.oami.europa.eu

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