Geography Reference
In-Depth Information
(a) the term relates to a characteristic of one or more categories of products, or to a
farming or processing attribute which applies in specific areas;
(b) the use of the term adds value to the product as compared to products of a similar
type; and
(c) the term has a European dimension.
4. Relation to intellectual property
Recital (56) explains that the provisions of systems establishing intellectual
property rights, and particularly of those established by the quality scheme for
designations of origin and GIs or those established under trade mark law,
should not be affected by the reservation of names and the establishment of
indications and symbols pursuant to the quality schemes for TSGs and for
optional quality terms. Consequently, Art 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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5. Excluded optional quality terms in relation to compulsory marketing
standards
Article 29(2) provides that optional quality terms that describe technical
product qualities with the purpose of putting into effect
compulsory marketing
standards
and that are not intended to inform consumers about those product
qualities shall be excluded from this scheme.
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Article 29(3) provides that optional quality terms shall exclude
optional reserved
terms
, which support and complement specific marketing standards determined
on a sectoral or product category basis.
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6.
'Generic terms'
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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7. Delegated acts
Article 29(4) provides that in order to take into account the specific character of
certain sectors as well as consumer expectations, the Commission shall be
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