Geography Reference
In-Depth Information
(c) Commencement of protection
Article 19(1) of Commission Regulation (EC) No 607/2009 provides that the
protection of a designation of origin or GI shall run from the date on which it is
entered in the Register.
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Article 19(3) of Commission Regulation (EC) No 607/2009 provides that the
protection of a designation of origin or GI shall apply to the whole denomina-
tion including its constitutive elements provided they are distinctive in them-
selves. A non-distinctive or generic element of a PDO or GI shall not be
protected.
15. Grounds for refusal of protection
(a) Generic names
Article 43(1) provides that names that have become generic shall not be
protected as a designation of origin or GI.
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For the purposes of Chapter IV of the Wine Regulation, Art 43(1) provides
that 'a 'name that has become generic' means the name of a wine which,
although it relates to the place or the region where this product was originally
produced or marketed, has become the common name of a wine in the
Community. It provides that to establish whether or not a name has become
generic, account shall be taken of all relevant factors, in particular:
(a) the existing situation in the Community, notably in areas of consumption;
(b) the relevant national or Community legal provisions.
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Article 45(3) provides that protected designations of origin or PGIs shall not
become generic in the Community within the meaning of Art 43(1).
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Article 55(2) provides that traditional terms shall not become generic in the
Community.
(b) Misleading names
Article 43(2) provides that a name shall not be protected as a designation of
origin or GI 'where, in the light of a trademark's reputation and renown,
protection is liable to mislead the consumer as to the true identity of the wine.'
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(c) Homonyms
Article 42(1) provides that a name, for which an application is lodged, which is
wholly or partially homonymous with that of a name already registered under
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