Geography Reference
In-Depth Information
applicable to the designation 'SPREEWÄLDER GURKEN' because that
designation was neither legally protected nor established by usage as a geo-
graphical indication within the meaning of that article. It was not legally
protected because there was no system of formal legal protection for GIs in
Germany. Further, the national court is of the view that registration of the
designation 'SPREEWÄLDER GURKEN' as a PGI may have infringed Arts
2 and 4 of Regulation No 2081/92 since the nature of the product and the
expectations of consumers mean that it should have been registered as a PDO.
In its view, the designation 'SPREEWÄLDER GURKEN' told consumers
that all the gherkins came from the Spreewald proper and were, consequently,
of a particular quality. Finally, the national court considered that, since the
specifications relating to the geographical area did not reflect consumer expect-
ations of a product carrying the designation 'SPREEWÄLDER GURKEN',
the registration of the latter as a PGI gives approval to the misleading of
consumers.
3.72
The ECJ ruled that it was for the national courts to rule on the lawfulness of an
application for registration of a designation. Similarly as the national court had
made its own assessment, which was not tainted by a manifest error, the
Commission could properly register the designation 'SPREEWÄLDER
GURKEN' under the simplified procedure. The registration of the designation
'SPREEWÄLDER GURKEN' as a PGI was because a foodstuff may be
treated as originating from the geographical area concerned if it is processed or
produced in that area, even if the raw materials are produced in another region.
3.73
The same principle applied to the registration of the designation 'SPREE-
WÄLDER GURKEN' for the geographical area defined in the amended
specification.
9. Generic Indications
3.74
Recital (52) maintained that existing rules concerning the continued use of
names that are generic should be clarified so that generic terms that are similar
to or form part of a name or term that is protected or reserved should retain
their generic status. This issue is addressed in Art 6 of the Regulation.
10. Definition of 'generic terms'
3.75
Article 3(6) of the Regulation defines 'generic terms' to mean 'the names of
products which, although relating to the place, region or country where the
product was originally produced or marketed, have become the common name
of a product in the Union'.
