The Protection of the Protected The Protection of the Protected Geographical Indications in Europe Geographical Indications in Europe TAIEX Seminar on Trade Marks and Designs TAIEX Seminar on Trade Marks and Designs Warsaw November 28 Warsaw November 28 Rafael Fernández Ibiza Rafael Fernández Ibiza
The Protection of the Protected Geographical Indications in Europe TAIEX Seminar on Trade Marks and Designs Warsaw November 28 Rafael Fernández Ibiza. 1. Legal Overview. 1.1Legal Frame: - PowerPoint PPT Presentation
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The Protection of the Protected The Protection of the Protected Geographical Indications in EuropeGeographical Indications in Europe
TAIEX Seminar on Trade Marks and DesignsTAIEX Seminar on Trade Marks and Designs
Warsaw November 28Warsaw November 28Rafael Fernández IbizaRafael Fernández Ibiza
1. Legal Overview1. Legal Overview
1.1Legal Frame: Council Regulation (EC) No 510/2006 on the
protection of Geographical Indications and Designations of Origin for Agricultural products and Foodstuffs.
Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine.
Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks.
1. Legal Overview1. Legal Overview
1.2.- WINES GIs
- Not really UE registration but recognition (art 47).- Registration at national level- EU Committee recognices the Geographical
Indication- then protection in the EU (art 50):
1. against identical copies of the name2. against similar names3. against “type” clauses4. against “semi-generic”
- Protection granted to recogniced group of producers
1. Legal Overview1. Legal Overview
1.3.- SPIRITS - Not really UE registration but recognition
(art 5)- registration at national level- EU Committee recognices the
Geographical Indication- then protection in the EU
- 1.4.- MANUFACTURED PRODUCTS - only under national legislations if possible
1. Legal Overview1. Legal Overview
1.5.- FOODSTUFFS REGISTRATION- PRODUCTS: cheese, sweets, hams, oils, fruits and
- Control structures:- Independent body which shall guarantee the
fulfilment of the Product Specifications.- The product certification bodies shall
comply with the European Standard EN 45011 or ISO/IEC Guide 65.
- Product trazability.- Details about labelling:
- Use of their own logo- Fulfilment of the national legal requirements:
- National recognition as a PDO/PGI
3. CONSEQUENCES3. CONSEQUENCES
3.1.- EXCLUSIVE RIGHT: (ex art. 13)– exclusivity on the geographical name – for the products that have been protected (same or similar) – within the 25 states of EU.
3.2.- IUS PROHIBENDI (Art. 13)– direct or indirect commercial use of the geographical name– acts implying misuse, imitation or evocation even though the
real origin of the product is indicated.– the use of the name simply translated or associated to
expressions such as “type”, “style”, “method”, “as produced in” or similar.
– any other false or misleading indication as to the provenance, origin, nature or essential qualitities of the product liable to convey a false impression as to its origin
– any other practise liable to mislead the consumer as to the true origin of the product
3. CONSEQUENCES3. CONSEQUENCES
“Grated cheese ITALIAN style”
Parmesan’sTypical knife
Know this cheese?
3. CONSEQUENCES3. CONSEQUENCES
“TIPO” = Jijona “type”
3. CONSEQUENCES3. CONSEQUENCES
3.3.- INTERPRETATION of ECJ JURISPRUDENCE
– COMPOSED DESIGNATIONS. One single part of the designation cannot be protected by sole right, due to its genericity.
– The national judge shall decide in any case– (EPOISSES DE BOURGOGNE, 9 june 98, Cases C-129/97 C-130/97)
– VIOLATION, IMITATION, EVOCATION. In order to define whether exists likelihood of confusion it has to be carried out a global analisis over the elements that are present in the product
– (GORGONZOLA Case, 4 march 99, Case C-87/97)
– TRANSLATION. In no case translations will be considered as generic names ( Case PARMESAN, 25 june 02, Case C-66/00)
– CUT AND PACKED BY. Compulsory reminder if it appears in the technical specifications
– (PROSCIUTTO DI PARMA, 20 may 03, Case C-108/01)
3. CONSEQUENCES3. CONSEQUENCES
3.4.- CONFLICTS WITH TRADEMARKS (art. 14)
– It has to be analyzed case by case
– It is impossible to register a trademark if a Designation has been filed
– It is possible the coexistence of a registered trademark, used in good faith and registered before the filing of a Designation
– It is required the good faith of the trademark owner!
– It is not possible the registration of a Designation in case a well-known trademark already exists and if the existing sign can lead to confusion or result misleading to the consumers about the origin of the products
PDO/PGI EUROPEAN LOGOPDO/PGI EUROPEAN LOGO
3.5.- PDO/PGI EUROPEAN LOGO compulsory use of the Logo on packaging
controversy when product used as an ingredient
EC Regulation 1726/1998:– distinctive sign– same for PDO/PGI– (also the same for STG)– Minimun size (15 mm diameter)– colours (pantone standards)– no fading or hiding the logo