Geography Reference
In-Depth Information
2.187
In Case T-237/08
Abadía Retuerta, SA v OHIM
,
87
which concerned an appli-
cation for a geographical trade mark under the Community Trade Mark
Regulation, the ECJ pointed out that although the provisions of TRIPS do not
have direct effect, trade mark legislation, including Art 7(1)(j) of Regulation No
40/94 on the Community trade mark, must, as far as possible, be interpreted in
the light of the wording and purpose of that agreement.
88
2.188
The Court recited that it is settled case law that a provision of an agreement
entered into by the Community with non-member countries must be regarded
as being directly applicable when, 'regard being had to the wording, purpose and
nature of the agreement', it may be concluded that 'the provision contains a
clear, precise
and
unconditional
obligation
which
is
not
subject, in
its
implementation or effects, to the adoption of any subsequent measure'.
89
2.189
The Court noted that it has already held that, first, having regard to their nature
and structure, the WTO Agreement and the annexes thereto are not in
principle among the rules in the light of which the Court is to review measures
of the Community institutions in the context of an action for annulment and
the provisions of the TRIPS Agreement are not such as to create rights upon
which individuals may rely directly before the courts by virtue of Community
law.
90
However, it observed that although the provisions of the TRIPS Agree-
ment do not have direct effect, Art 7(1)(j) of Regulation No 40/94 must, as far
as possible, be interpreted in the light of the wording and purpose of that
agreement.
91
2.190
The Court observed that the
concept of a geographical indication identifying wines… must be read in the light of the
relevant provisions of Community law on determining and protecting geographical
indications relating to wines. Consequently, it is necessary to refer to Regulation No
1493/1999, which is also intended to ensure that Community law is consistent with the
provisions of the TRIPS Agreement, as is apparent from recitals 56 and 80 in the
preamble to that regulation.
92
87
Judgment 11 May 2010.
88
Ibid, at para 64 applying Case C-245/02
Anheuser-Busch Inc
.
v Bud ˘jjovický Budvar
at para 42.
89
Ibid, at para 65, citing Joined Cases C-300/98 and C-392/98
Dior and Others
[2000] ECR I-11307, para 42.
90
Ibid, at para 66.
91
Ibid, at para 67.
92
Ibid at para 74.
