Geography Reference
In-Depth Information
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For a name to be registered as a TSG, Art 18(2) provides that it shall:
(a) have been traditionally used to refer to the specific product; or
(b) identify the traditional character or specific character of the product.
3. Relation to intellectual property
Article 43 provides that the quality schemes described in Titles III and IV shall
apply without prejudice to Union rules or to those of Member States governing
intellectual property, and in particular to those concerning designations of
origin and GIs and trade marks, and rights granted under those rules.
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4. Exclusion of 'generic terms'
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'.
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Article 41(1) provides that without prejudice to Art 13, this Regulation shall
not affect the use of terms that are generic in the Union, even if the generic term
is part of a name that is protected under a quality scheme.
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Article 41(2) provides that to establish whether or not a term has become
generic, account shall be taken of all relevant factors, in particular:
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(a) the existing situation in areas of consumption;
(b) the relevant national or Union legal acts.
Article 41(3) provides that in order to fully protect the rights of interested
parties, the Commission shall be empowered to adopt delegated acts, in
accordance with Art 56, laying down additional rules for determining the
generic status of terms referred to in Art 41(1).
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5. Plant varieties and animal breeds
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
that contains or comprises the name of a plant variety or animal breed, provided
that the following conditions are met:
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