Geography Reference
In-Depth Information
hearing, the Federal Republic of Germany was also unable to provide infor-
mation on the quantity of cheese produced in Italy under the PDO 'PARMI-
GIANO REGGIANO' and imported into Germany, making it impossible for
the Court to use the factors relating to the consumption of that cheese as
indicators of the generic character of the name 'Parmesan'.
84
3.100
The Court noted in a
dictum
that a geographical designation could, over time
and through use, become a generic name in the sense that consumers cease to
regard it as an indication of the geographical origin of the product, and come to
regard it only as an indication of a certain type of product. 'That shift in
meaning occurred for instance in the case of the designations “Camembert” and
“Brie”'.
85
14. Names of plant or animal breeds
3.101
Article 6(2) disqualifies from registration as a designation of origin or geo-
graphical indication 'where it conflicts with a name of a plant variety or an
animal breed and is likely to mislead the consumer as to the true origin of the
product'.
3.102
Council Regulation 2100/94
86
on Community variety rights requires that for
protection a plant variety must be designated by a denomination in accordance
with the provisions of Art 63.
87
The use of a geographical name as a part of the
denomination of the plant variety is not prohibited. O'Connor (2004 at n. 171)
refers to the name 'Genova', which is used for the plant variety
Ocimum
basilicum L.
and the fact that Alicante, Ankara, Athene, Barcelona, Bari,
Bordeaux, Calcutta, Cannes and Copenhagen are registered for new varieties of
Rosemallow (
Hibiscus L.
) and Baltimore, Barcelona, Chianti, Colorado, Flan-
dria, Guadelope and Liguria for Lettuce (
Lactuca sativa L.
).
3.103
There is no requirement for a link between the particular plant variety and its
geographical location.
3.104
Article 42(1) of the Regulation provides that it shall not prevent the placing on
the market of products the labelling of which includes a name or term protected
or reserved under a quality scheme described in Title II, Title III, or Title IV
84
Ibid, at para 56.
85
Ibid, at para. 36.
86
Council Regulation 2100/94 of 27 July 1994 on Community plant variety rights, OJ L 227, 1/09/1994, p. 1.
87
See Art 63 of Council Regulation 2100/94 and Commission Regulation 930/2000 of 4 May 2000, establishing
implementing rules as to the suitability of the denomination of varieties of agricultural plant species and
vegetable species.
