Geography Reference
In-Depth Information
(a) the product in question comprises or is derived from the variety or breed indicated;
(b) consumers are not misled;
(c) the usage of the name of the variety or breed name constitutes fair competition;
(d) the usage does not exploit the reputation of the protected term; and
(e) in the case of the quality scheme described in Title II, production and marketing of
the product had spread beyond its area of origin prior to the date of application for
registration of the geographical indication.
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Article 42(2) provides that in order to further clarify the extent of rights and
freedoms of food business operators to use the name of a plant variety or of an
animal breed referred to in Art 42(1), the Commission shall be empowered to
adopt delegated acts, in accordance with Art 56, concerning rules for deter-
mining the use of such names.
6. Use in another Member State or Third Country
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Recital (39) proposes that in order to avoid creating unfair conditions of
competition, any producer, including a third country producer, should be able to
use a registered name of a TSG, provided that the product concerned complies
with the requirements of the relevant specification and the producer is covered
by a system of controls. For TSGs produced within the Union, the Union
symbol should be indicated on the labelling and it should be possible to
associate it with the indication 'traditional speciality guaranteed'.
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Article 18(3) provides that if it is demonstrated in the opposition procedure
under Art 51 that the name is also used in another Member State or in a third
country, in order to distinguish comparable products or products that share an
identical or similar name, the decision on registration taken in accordance with
Art 52(3) may provide that the name of the TSG is to be accompanied by the
claim 'made following the tradition of ' immediately followed by the name of a
country or a region thereof.
7. Exclusion from registration
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Article 18(4) provides that a name may not be registered if it refers only to
claims of a general nature used for a set of products, or to claims provided for by
particular Union legislation.
8. Delegated acts
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Article 18(5) provides that in order to ensure the smooth functioning of the
scheme, the Commission shall be empowered to adopt delegated acts, in
