Geography Reference
In-Depth Information
PDOs and PGIs in the light of the criteria referred to in Art 10(1)
153
or the
admissibility of oppositions to TSGs in the light of the criteria referred to in Art
21(1).
154
Günzel (2012 at 246-7) suggests that the description of the properties of the
product or the methods of production may also be objected to.
155
In particular,
the description must not contain any restrictions which would lead to an
unlawful monopolisation in favour of one or several producers. This was an
issue in the decision of the German Federal Patent Court rendered on 22
September 2011
156
concerning 'OBAZDA', comprising Camembert cheese,
butter, paprika, and other spices. This beer garden food is popular in Bavaria.
The product specification set out that the only permissible means of stabilising
the product should be by use of heat, and that the use of chemical preserving
agents was forbidden. However, as only one of the producers based in the
defined geographical area used heat for stabilising its 'Obazda', as opposed to
chemical stabilisers, the German Federal Patent Court held that the German
Patent and Trademark Office should examine how the specification could be
changed in order to prevent unjustified restrictions.
3.334
15. Application to Member States
Article 49(2) provides that where the application under the scheme set out in
Title II relates to a geographical area in a Member State, or where an
application under the scheme set out in Title III is prepared by a group
3.335
153
Article 10(1) provides:
A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by
the Commission within the time limit set out in that paragraph and if it:
(a)
shows that the conditions referred to in Article 5 and Article 7(1) are not complied with;
(b)
shows that the registration of the name proposed would be contrary to Article 6(2), (3) or (4);
(c)
shows that the registration of the name proposed would jeopardise the existence of an entirely or partly
identical name or of a trade mark or the existence of products which have been legally on the market
for at least five years preceding the date of the publication provided for in point (a) of Article 50(2); or
(d)
gives details from which it can be concluded that the name for which registration is requested is a
generic term.
154
Article 21(1) provides:
A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by
the Commission before expiry of the time limit and if it:
(a)
gives duly substantiated reasons why the proposed registration is incompatible with the terms of this
Regulation; or
(b)
shows that use of the name is lawful, renowned and economically significant for similar agricultural
products or foodstuffs.
155
Günzel (2012) at 246-47.
156
Case 30 W (pat) 9/10, BeckRS 2011, 25376, at II.5 discussed in ibid.
