Geography Reference
In-Depth Information
9. Protection
(a) General protection
Commission Regulation (EU) No 538/2011 of 1 June 2011
60
replaces Art 40 of
Regulation No 607/2009 with the following provisions:
4.246
1.
If an application for the protection of a traditional term satisfies the conditions laid
down in Article 118u(1) of Regulation (EC) No 1234/2007 and in Articles 31 and
35 of this Regulation and is not rejected under Articles 36, 38 and 39 of this
Regulation, the traditional term shall be included in the electronic database
'E-Bacchus' with an indication of:
(a)
the language as referred to in Article 31;
(b)
an indication of the grapevine product category or categories concerned by
the protection;
(c)
a reference to the national legislation of the Member State in which the
traditional term is defined and regulated, or rules applicable to wine produc-
ers in third countries, including those emanating from representative profes-
sional organisations; and
(d)
a summary of the definition or conditions of use.
Protection against misuse
2.
The traditional terms listed in the electronic database 'E-Bacchus', are protected
only in the language and for the categories of grape vine products claimed in the
application, against:
(a)
any misuse even if the protected term is accompanied by an expression such
as 'style', 'type', 'method', 'as produced in', 'imitation', 'flavour', 'like' or similar;
(b)
any other false or misleading indication as to the nature, characteristics or
essential qualities of the product, on the inner or outer packaging, advertising
material or documents relating to it;
(c)
any other practice liable to mislead the consumer, in particular to give the
impression that the wine qualifies for the protected traditional term.
(b) Relationship with trade marks
i. Refusal of application for trade mark submitted after application for
protection of traditional term
Commission Regulation (EU) No 538/2011 of 1 June 2011 replaces Art 41(1)
of Regulation No 607/2009 with the following provisions:
4.247
60
Commission Regulation (EU) No 538/2011 of 1 June 2011, amending Regulation (EC) No 607/2009 laying
down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards
protected designations of origin and geographical indications, traditional terms, labelling and presentation of
certain wine sector products, OJ L 147, 2.6.2011, p. 6.
