Geography Reference
In-Depth Information
this Regulation shall be registered with due regard for local and traditional
usage and the risk of confusion. On the other hand, a homonymous name
which misleads the consumer into believing that products come from another
territory shall not be registered even if the name is accurate as far as the actual
territory, region or place of origin of the products in question is concerned.
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The use of a registered homonymous name shall be subject to there being a
sufficient distinction in practice between the homonym registered subsequently
and the name already on the register, having regard to the need to treat the
producers concerned in an equitable manner and not to mislead the consumer.
Article 42(2) applies paragraph 1
mutatis mutandis
if a name, for which an
application is lodged, is wholly or partially homonymous with a GI protected as
such under the legislation of Member States.
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However, Art. 42(2) provides that Member States shall not register non-
identical GIs for protection under their respective legislation on GIs if a
designation of origin or GI is protected in the Community by virtue of the
Community law relevant to designations of origin and GIs.
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(d) Homonymous grape variety
Article 42(3) provides that save as otherwise provided for in Commission
implementing measures, where the name of a wine grape variety contains or
consists of a PDO or GI that name shall not be used for purposes of labelling
the products covered by this Regulation.
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Article 62(3) of Regulation 607/2009 provides that by way of derogation from
Art 42(3) of the Wine Regulation, the wine grape variety names and their
synonyms listed in Part A of Annex XV to this Regulation, that consist of or
contain a PDO or GI may only appear on the label of a product with PDO or
GI or GI of a third country if they were authorised under Community rules in
force on 11 May 2002 or on the date of accession of Member States, whichever
is later.
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E. REGISTER
Article 46 requires the Commission to establish and maintain an electronic
register of protected designations of origin and GIs for wine which shall be
publicly accessible.
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