15.1.2013 EN Official Journal of the European Union L 10/3 AGREEMENT between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA, of the one part, and THE EUROPEAN UNION, of the other part, Hereinafter referred to as the "Contracting Parties", HAVING IN MIND the objectives of the Partnership and Cooperation Agreement and the corresponding Action Plan to ensure a level of protection for intellectual property rights similar to that in the EU, including effective means of enforcement, HAVING IN MIND the objectives of the Association Agreement, particularly under the provisions of the possible future Deep and Comprehensive Free Trade Area, to ensure a level of protection for intellectual property rights similar to that in the EU, including effective means of enforcement, CONSIDERING that the Contracting Parties agree to promote between them a harmonious development of the geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and to foster the trade of the agricultural products and foodstuff originating in the territories of the Contracting Parties, HAVE DECIDED TO CONCLUDE THIS AGREEMENT: Article 1 in Part A of Annex I, the European Union concludes that that legislation meets the elements laid down in Part C of Annex I. Scope 1. This Agreement applies to the recognition and protection of geographical indications which are originating in the terri­ 2. Having examined the legislation of the European Union tories of the Contracting Parties. on the protection of geographical indications, listed in Part B of Annex I, the Government of the Republic of Moldova concludes that that legislation meets the elements laid down in Part C of 2. In order for a geographical indication of a Contracting Annex I. Party to be protected by the other Contracting Party, it shall cover products within the scope of the legislation of that Contracting Party referred to in Article 2. 3. Having completed an objection procedure in accordance with the criteria set out in Annex II, and having examined the geographical indications of the European Union listed in Annex III and the wines, aromatised wines and spirit drinks 3. "Geographical indication" shall mean an indication as corresponding to the geographical indications of the European defined in Article 22(1) of the WTO-TRIPs Agreement, which Union listed in Annex IV, which have been registered by the also includes "designations of origin". European Union under the legislation referred to in paragraph 2 of this Article, the Government of the Republic of Moldova shall protect those geographical indications according to the Article 2 level of protection laid down in this Agreement. Established geographical indications 1. Having examined the legislation of the Republic of 4. Having completed an objection procedure in accordance Moldova on the protection of geographical indications, listed with the criteria set out in Annex II, and having examined the L 10/4 EN Official Journal of the European Union 15.1.2013 agricultural products and foodstuffs corresponding to the (c) any other false or misleading indication as to the prov­ geographical indications of Moldova listed in Annex III and enance, origin, nature or essential qualities of the product, the wines, aromatised wines and spirit drinks corresponding on the inner or outer packaging, advertising material or to the geographical indications of the Republic of Moldova documents relating to the product concerned, and the listed in Annex IV which have been registered by the packing of the product in a container liable to convey a Republic of Moldova under the legislation referred to in false impression as to its origin; paragraph 1 of this Article, the European Union shall protect those geographical indications according to the level of protection laid down in this Agreement. (d) any other practice liable to mislead the consumer as to the true origin of the product. Article 3 Addition of new geographical indications 2. If geographical indications are wholly or partially 1. The Contracting Parties agree on the possibility to add in homonymous, protection shall be granted to each indication Annexes III and IV new geographical indications to be provided that it has been used in good faith and with due protected, in accordance with the procedure set out in regard for local and traditional usage and the actual risk of Article 11(3) after having completed the objection procedure confusion. Without prejudice to Article 23 of the Agreement and after having examined the geographical indications as on Trade-Related Aspects of Intellectual Property Rights (TRIPS), referred to in Articles 2(3) and 2(4) to the satisfaction of the Contracting Parties shall mutually decide the practical both Contracting Parties. conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers 2. A Contracting Party shall not be required to protect as a concerned and that consumers are not misled. A homonymous geographical indication a name that conflicts with the name of name which misleads the consumer into believing that products a plant variety, including a wine grape variety, or an animal come from another territory shall not be registered even if the breed and as a result is likely to mislead the consumer as to the name is accurate as far as the actual territory, region or place of true origin of the product. origin of the product in question is concerned. Article 4 3. Where a Contracting Party, in the context of negotiations Scope of protection of geographical indications with a third country, proposes to protect a geographical indi­ cation of that third country, and the name is homonymous with 1. The geographical indications listed in Annexes III and IV, a geographical indication of the other Contracting Party the as well as those added pursuant to Article 3(1), shall be latter shall be consulted and be given the opportunity to protected against: comment before the name is protected. (a) any direct or indirect commercial use of a protected name: 4. Nothing in this Agreement shall oblige a Contracting Party to protect a geographical indication of the other Contracting Party which is not, or ceases to be, protected in — for comparable products not compliant with the its country of origin. The Contracting Parties shall notify each product specification of the protected name, or other if a geographical indication ceases to be protected in its country of origin. — in so far as such use exploits the reputation of a geographical indication; 5. The provisions of this Agreement shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's prede­ (b) any misuse, imitation or evocation ( 1), even if the true origin cessor in business, except where such name is used in such a of the product is indicated or if the protected name is manner as to mislead consumers. translated, transcribed, transliterated, or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar; Article 5 1 ( ) Is considered an evocation, notably, the use in any way for products Right of use of geographical indications falling under heading No 20.09 of the Harmonised System of the International Convention on the Harmonised Commodity 1. A name protected under this Agreement may be used by Description and Coding System, done at Brussels on 14 June any operator marketing, producing, processing or preparing 1983, although only insofar as those products refer to wines falling under heading 22.04, aromatised wines falling under agricultural products, foodstuffs, wines, aromatised wines or heading 22.05 and spirits falling under heading 22.08 of that spirit drinks which conform to the corresponding product spec­ system. ification. 15.1.2013 EN Official Journal of the European Union L 10/5 2. Once a geographical indication is protected under this geographical indication where, in the light of a reputed or Agreement, the use of such protected name shall not be well-known trade mark, protection is liable to mislead subject to any registration of users or further charges. consumers as to the true identity of the product. Article 6 5. Without prejudice to paragraph 4, the Contracting Parties shall protect geographical indications also where a prior trade Enforcement of protection mark exists. A prior trade mark shall mean a trade mark the use The Contracting Parties shall enforce the protection provided of which corresponds to one of the situations referred to in for in Articles 2 to 7 by appropriate administrative actions or Article 4(1), which has been applied for, registered or estab­ legal proceedings, as appropriate, including at the customs lished by use, if that possibility is provided for by the legislation border (export and import), in order to prevent and stop any concerned, in the territory of one of the Contracting Parties unlawful use of the protected geographical indications. They before the date on which the application for protection of the shall also enforce such protection at the request of an interested geographical indication is submitted by the other Contracting party. Party under this Agreement. Such trade mark may continue to be used and renewed notwithstanding the protection of the geographical indication, provided that no grounds for the trade mark's invalidity or revocation exist in the legislation on Article 7 trade marks of the Contracting Parties. Specific provision Without prejudice to previous commitments of the Republic of Article 9 Moldova to grant protection for the EU geographical indications derived from international agreements on the protection of General rules geographical indications and the enforcement thereof, 1.