Geography Reference
In-Depth Information
Article 15(3) provides that a name that has become generic means the name of a
spirit drink which, although it relates to the place or region where this product
was originally produced or placed on the market, has become the common
name of a spirit drink in the Community.
5. Homonymous geographical indications
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Article 19 of the Spirits Regulation provides that a homonymous GI meeting
the requirements of this Regulation shall be registered with due regard for local
and traditional usage and the actual risk of confusion, in particular:
-
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 its wording is concerned for the actual territory, region or place of origin of
the spirit drink in question,
-
the use of a registered homonymous GI shall be subject to there being a clear
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 consumers.
6. Established geographical indications
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Article 20(1) of the Spirits Regulation provides that for each GI registered in
Annex III on 20 February 2008, Member States shall submit a technical file as
provided for under Art 17(1) to the Commission not later than 20 February
2015.
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Article 20(2) requires that Member States shall ensure that this technical file is
accessible to the public.
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Article 20(3) provides that where no technical file has been submitted to the
Commission by 20 February 2015, the Commission shall remove the GI from
Annex III in accordance with the regulatory procedure with scrutiny referred to
in Art 25(3).
7. Alteration of the technical file
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Article 21 of the Spirits Regulation provides that the procedure provided for in
Art 17 shall apply
mutatis mutandis
where the technical file referred to in Arts
17(1) and 20(1) is to be altered.
