Geography Reference
In-Depth Information
+
the factors to be taken into account when defining GIs and designations
of origin and exceptions thereto, particularly exceptional reputation and
renown;
+
whether a name is generic;
+
the assessment of the traditional nature of the product;
+
the assessment of criteria regarding fair competition in commercial trans-
actions and the risk of confusing consumers in cases of conflict between
the designation of origin or geographical indication and a trade mark, a
homonym or existing product which are legally marketed.
159
The Regulation makes no reference to the Scientific Committee.
(a) Case law
In Joined Cases C-465/02 and C-466/02
160
concerning whether the PDO
'FETA' was generic, it was argued that the Commission had merely adopted the
decision of the Scientific Committee that it was not. The ECJ rejected this
argument, as the Scientific Committee was set up by the Commission, who also
appointed its members. It met at the request of a representative of the
Commission and the proceedings of the committee related to matters on which
the Commission has requested an opinion.
161
It was free, as it determined, to
refer questions relating to designation of origin to the experts appointed to the
Committee in order to help elucidate the problem, as it did in the present case.
It was for the Commission to decide to what extent it would follow the opinion
provided by the Committee.
162
3.369
29. Amendment to a product specification
(a) Application for amendment
Article 53(1) provides that a group having a legitimate interest may apply for
approval of an amendment to a product specification and that applications shall
describe and give reasons for the amendments requested.
3.370
3.371
Article 6(1) of the Draft Delegated Regulation provides that the application for
an amendment to a product specification as referred to in Art 53(1) 'which is
not minor shall contain an exhaustive description and the specific reasons for
159
Article 2 of the Commission Decision.
160
Germany v Commission (Agriculture)
[2005] EUECJ C-465/02, [2005] ECR I-9115, [2006] ETMR 16.
161
[2005] EUECJ C-465/02 at para 103.
162
Ibid, at para 104.
