Geography Reference
In-Depth Information
C. DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS
5.22
Rules dealing with GIs are included in Chapter II of the Spirits Regulation,
which regulates the description, presentation and labelling of spirit drinks. This
Regulation repeals and replaces Council Regulation (EEC) No 1576/89.
11
5.23
In Joined Cases C-4/10 and C-27/10
Bureau national interprofessionnel du
Cognac v Gust. Ranin Oy
12
the ECJ ruled that Regulation No 110/2008 applied
to the assessment of the conditions for registration of a trade mark, containing a
GI protected by that regulation, which was applied for on 19 December 2001
and registered on 31 January 2003. The Court observed that under Art 23(1) of
Regulation No 110/2008 there was 'no reference to a time-frame imposing
some sort of temporal restriction as regards the date of registration it is intended
to apply to marks registered before that regulation entered into force'.
13
5.24
Article 8 provides that 'in accordance with Art 5 of Directive 2000/13/EC, the
name under which a spirit drink is sold (sales denomination) shall be subject to
the provisions laid down in this Chapter'.
1. Definitions
5.25
Article 7 provides that for the purpose of the Spirits Regulation the terms
'description', 'presentation' and 'labelling' are defined in Annex I(14), (15) and
(16).
5.26
Annex I(14) defines 'description' to mean 'the terms used on the labelling,
presentation and packaging; on the documents accompanying the transport of a
drink; on the commercial documents, particularly the invoices and delivery
notes; and in its advertising'.
5.27
Annex I(15) defines 'presentation' as 'the terms used on the labelling and on the
packaging, including in advertising and sales promotion, in images or such like,
as well as on the container, including the bottle and the closure'.
5.28
Annex I(16) defines 'labelling' as 'all descriptions and other references, signs,
designs or trade marks which distinguish a drink and which appear on the same
container, including its sealing device or the tag attached to the container and
the sheathing covering the neck of the bottle'.
11
See n 1 above.
12
[2011] ETMR 53.
13
Ibid, at para 31.
