Geography Reference
In-Depth Information
5. Collective marks
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Article 12(5) of the provides that without prejudice to Directive 2000/13/
EC
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, the collective geographical marks referred to in Art 15 of Directive
2008/95/EC
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may be used on labels, together with the PDO or PGI.
6. Third country products
3.162
Article 12(6) provides that in the case of products originating in third countries
marketed under a name entered in the register, the indications referred to in Art
12(3) or the Union symbols associated with them may appear on the labelling.
K. PROTECTION
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Article 13(1) provides that registered names shall be protected against:
(a) any direct or indirect commercial use of a registered name in respect of products not
covered by the registration where those products are comparable to the products
registered under that name or where using the name exploits the reputation of the
protected name, including when those products are used as an ingredient;
(b) any misuse, imitation or evocation, even if the true origin of the products or services
is indicated or if the protected name is translated or accompanied by an expression
such as 'style', 'type', 'method', 'as produced in', 'imitation' or similar, including when
those products are used as an ingredient;
(c) any other false or misleading indication as to the provenance, origin, nature or
essential qualities of the product that is used on the inner or outer packaging,
advertising material or documents relating to the product concerned, and the
packing of the product in a container liable to convey a false impression as to its
origin;
(d) any other practice liable to mislead the consumer as to the true origin of the
product.
Where a PDO or a PGI contains within it the name of a product which is
considered to be generic, the use of that generic name shall not be considered to
be contrary to points (a) or (b) of the first subparagraph.
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Article 13(3) provides that Member States shall take appropriate administrative
and judicial steps to prevent or stop the unlawful use of PDOs and PGIs, as
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Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approxima-
tion of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ
2000 L 109, p. 29).
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Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the
laws of the Member States relating to trade marks, (OJ L 299, 8.11.2008).
