Geography Reference
In-Depth Information
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(l)
a trade name in so far as it is protected as an exclusive intellectual property right by
national or Union law.
ii. Geographical indication
'Geographical indication' is defined in Art 2(4) of the Customs Regulation in
the following terms:
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(a) a geographical indication or designation of origin protected for agricultural prod-
ucts and foodstuff as provided for in Regulation (EU) No 1151/2012 of the
European Parliament and of the Council of 21 November 2012 on quality schemes
for agricultural products and foodstuffs;
(b) a designation of origin or geographical indication for wine as provided for in
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a
common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation);
(c) a geographical designation for aromatised drinks based on wine products as
provided for in Council Regulation (EEC) No 1601/91 of 10 June 1991 laying
down general rules on the definition, description and presentation of aromatised
wines, aromatised wine- based drinks and aromatised wine-product cocktails;
(d) a geographical indication of spirit drinks as provided for in Regulation (EC) No
110/2008 of the European Parliament and of the Council of 15 January 2008 on
the definition, description, presentation, labelling and the protection of geographi-
cal indications of spirit drinks;
(e) a geographical indication for products not falling under points (a) to (d) in so far as
it is established as an exclusive intellectual property right by national or Union law;
(f ) a geographical indication as provided for in Agreements between the Union and
third countries and as such listed in those Agreements.
iii. Trade mark
'Trade mark' is defined in Art 2(2) to mean:
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(a) a Community trade mark as provided for in Council Regulation (EC) No 207/
2009 of 26 February 2009 on the Community trade mark;
(b) a trade mark registered in a Member State, or, in the case of Belgium, Luxembourg
or the Netherlands, at the Benelux Office for Intellectual Property;
(c) a trade mark registered under international arrangements which has effect in a
Member State or in the Union.
iv. Counterfeit goods
'Counterfeit goods' are defined in Art 2(5) of the Customs Regulation to mean:
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(a) goods which are the subject of an act infringing a trade mark in the Member State
where they are found and bear without authorisation a sign which is identical to the
