Geography Reference
In-Depth Information
the referral of the case back to the Finnish Patent and Registration Office in
order for it to undertake a fresh examination of the case. These proceedings
were stayed for a referral of questions to the ECJ.
5.133
One question was whether Arts 16 and 23 of Regulation No 110/2008 preclude
the registration of a mark which contains a PGI of origin, or such an indication
in the form of a generic term and a translation of the latter, and which is
registered for spirit drinks which do not satisfy the conditions for the use of that
GI.
5.134
The Court observed that the clear and unconditional wording of Art 23(1) of
Regulation No 110/2008, under which the registration of a mark which
contains a GI registered in Annex III is to be refused or invalidated if its use
would lead to any of the situations referred to in Art 16 of that regulation,
requires the national authorities to refuse or to invalidate the registration of a
mark if it is used in such circumstances. The term 'Cognac' appears both in
Annex III to Regulation No 110/2008 and in Annex II to Regulation No
1576/89 as a GI identifying a spirit drink originating from France. The Court
ruled that independently of the protection it enjoys under French law, the term
'Cognac' has therefore been protected as a GI under EU law since 15 June 1989,
the date on which Regulation No 1576/89 entered into force.
33
5.135
The Court observed that the protection thus conferred on GIs by Art 16 of
Regulation No 110/2008 must be interpreted in the light of the objective
pursued through the registration of those indications, 'namely, as is clear from
recital 14 to that regulation, to enable the identification of spirit drinks as
originating in a particular area, where a given quality, reputation or other
characteristic of those drinks is essentially attributable to its geographical
origin'.
34
Specifically, the extent of that protection must be assessed in the light
of the fundamental rule laid down in Art 15(4) of Regulation No 110/2008, in
accordance with which a GI registered in Annex III to that regulation may be
borne only by spirit drinks which meet all the specifications in the technical file
provided to the Commission by the Member State of origin, pursuant to Art 17
of Regulation No 110/2008, when the application for registration of the
indication concerned is made.
35
The question whether a particular spirit drink
meets all the specifications applicable to a PGI is a question of fact which is a
matter to be determined by the competent national authorities and which must
33
[2011] ETMR 53, at para 43.
34
Ibid, at para 44.
35
Ibid, at para 48.
