Geography Reference
In-Depth Information
H. APPLICATION FOR REGISTRATION
It has been pointed out that the application process has tended to be quite
lengthy, up to five or six years, because of the time taken by the Home Office
before an application is forwarded to the Commission, the possibility of
objection proceedings both at the national and Community level as well as the
problem of lack of resources to deal with applications (see Profeta et al, 2009 at
634-7).
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1. Scope of application processes
Article 48 provides that the provisions of Chapter IV: Application and registra-
tion processes for designations of origin, GIs, and TSGs (Arts 49-54) shall
apply in respect of the quality schemes set out in Title II (PDOs and PGIs) and
Title III TSGs. These are discussed in the last section of this chapter.
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2. Content of application for registration
Article 8(1) provides that an application for registration of a designation of
origin or geographical indication pursuant to Art 49(2) or (5) shall include at
least:
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(a) the name and address of the applicant group and of the authorities or, if available,
bodies verifying compliance with the provisions of the product specification;
(b) the product specification provided for in Art 7;
(c) a single document setting out the following:
(i)
the main points of the product specification: the name, a description of the
product, including, where appropriate, specific rules concerning packaging
and labelling, and a concise definition of the geographical area;
(ii)
a description of the link between the product and the geographical environ-
ment or geographical origin referred to in Art 5(1) or (2), as the case may be,
including, where appropriate, the specific elements of the product description
or production method justifying the link.
An application as referred to in Art 49(5) shall, in addition, include proof that
the name of the product is protected in its country of origin.
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3. Dossier
Article 8(2) provides that an application dossier referred to in Art 49(4) shall
comprise:
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