Geography Reference
In-Depth Information
(a) Submission of a request for cancellation
Article 18(1) of Commission Implementing Regulation (EU) No 716/2013
provides that a request for cancellation of a GI shall be drawn up in accordance
with the form set out in Annex IV and shall be submitted to the Commission.
The date of submission of the request for cancellation shall be the date of its
receipt by the Commission.
5.104
Article 18(2) of Commission Implementing Regulation (EU) No 716/2013
provides that the author of the request for cancellation shall receive an
acknowledgement of receipt indicating at least:
5.105
(a)
the file number;
(b)
the number of pages received; and
(c)
the date of receipt of the request.
(b) Admissibility of a request for cancellation
Article 19(1) of Commission Implementing Regulation (EU) No 716/2013
provides that a request for cancellation is admissible if it clearly states the
legitimate interest of the author of the request for cancellation and explains the
ground(s) for such cancellation.
5.106
Article 19(2) of Commission Implementing Regulation (EU) No 716/2013
provides that any request for cancellation shall contain details of the facts,
evidence and comments submitted in support of cancellation. It shall be
accompanied by the relevant supporting documents and in particular, by a
statement from the Member State or the third country authority where the
residence or registered office of the author of the request is located.
5.107
Article 19(3) of Commission Implementing Regulation (EU) No 716/2013
provides that if the information and documents referred to in Art 19(1) and (2)
have not been provided at the same time as the request for cancellation, the
Commission shall invite the author of the request to remedy the deficiencies
within a period of two months. If the deficiencies are not remedied within the
time limit, the Commission shall reject the request as inadmissible.
5.108
4. Generic names
Article 15(3) of the Spirits Regulation provides that the GIs registered in
Annex III may not become generic and that names that have become generic
may not be registered in Annex III.
5.109
