Geography Reference
In-Depth Information
P. TRANSITIONAL PERIODS FOR USE OF PROTECTED DESIGNATIONS OF
ORIGIN AND PROTECTED GEOGRAPHICAL INDICATIONS
3.207
Article 15(1) provides that without prejudice to Art 14, the Commission may
adopt implementing acts granting a transitional period of up to five years to
enable products originating in a Member State or a third country the designa-
tion of which consists of or contains a name that contravenes Art 13(1) to
continue to use the designation under which it was marketed on condition that
an admissible statement of opposition under Art 49(3) or Art 51 shows that:
(a) the registration of the name would jeopardise the existence of an entirely or partly
identical name; or
(b) such products have been legally marketed with that name in the territory concerned
for at least five years preceding the date of the publication provided for in point (a)
of Art 50(2).
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Art 57(2).
3.208
Article 15(2) provides that without prejudice to Art 14, the Commission may
adopt implementing acts extending the transitional period mentioned in Art
15(1) to 15 years in duly justified cases where it is shown that:
(a) the designation referred to in Art 15(1) has been in legal use consistently and fairly
for at least 25 years before the application for registration was submitted to the
Commission;
(b) the purpose of using the designation referred to in Art 15(1) has not, at any time,
been to profit from the reputation of the registered name and it is shown that the
consumer has not been nor could have been misled as to the true origin of the
product.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Art 57(2).
3.209
Article 15(3) provides that when using a designation referred to in Art 15(1)
and (2), the indication of country of origin shall clearly and visibly appear on the
labelling.
3.210
Article 15(4) provides that to overcome temporary difficulties with the long-
term objective of ensuring that all producers in the area concerned comply with
the specification, a Member State may grant a transitional period of up to ten
years, with effect from the date on which the application is lodged with the
Commission, on condition that the operators concerned have legally marketed
