Geography Reference
In-Depth Information
Distinction between subsequent homonym and traditional term
The use of a protected homonymous term shall be subject to there being a sufficient
distinction in practice between the homonym protected subsequently and the trad-
itional term already listed in the electronic database 'E-Bacchus', having regard to the
need to treat the producers concerned in an equitable manner and not to mislead the
consumer.
Partial homonyms
Article 42(2) of Regulation No 607/2009 provides that Article 42(1) shall apply mutatis
mutandis for traditional terms protected before 1 August 2009, which are partially
homonymous with a protected designation of origin or geographical indication or a
wine grape variety name or its synonym listed in Annex XV.
10. Modification of traditional term
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Commission Regulation (EU) No 538/2011 of 1 June 2011 inserts Art 42a,
which provides that an applicant as referred to in Art 29 may apply for an
approval of a modification of a traditional term, the language indicated, the
wine or wines concerned or of the summary of the definition or conditions of
use of the traditional term concerned.
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Article 42a provides that Arts 33 to 39 of Regulation No 607/2009 apply
mutatis mutandis
to applications for modification.
11. Enforcement of the protection
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Article 43 of Regulation No 607/2009 provides that for the purposes of the
application of Art 55 of the Wine Regulation, in case of illegal use of protected
traditional terms, competent national authorities, on their own initiative or at
the request of a party, shall take all measures to stop the marketing, including
any export, of the products concerned.
12. Cancellation procedure
(a) Grounds for cancellation
Article 44 of Regulation No 607/2009 provides that the grounds for cancelling
a traditional term shall be that it no longer meets the definition laid down in Art
54(1) of the Wine Regulation or the requirements laid down in Arts 31, 35,
40(2), 41(3) or 42 of Regulation No 607/2009.
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(b) Submission of a request for cancellation
Article 45(1) of Regulation No 607/2009 provides that a duly substantiated
request for cancellation may be filed with the Commission by a Member State,
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