7th Liaison Meeting, 21-22 May 2012

11. Geographical indications as AG – on the basis of Articles 7(1)(k) and 7(1)(j) CTMR

Óscar Mondéjar – ICLAD/Legal Practice Service22.05.2012

11. Geographical indications as AG – on the basis of Articles 7(1)(k) and 7(1)(j) CTMR

CTMs which contain or consist of PDOs/PGIs

Where we are now:current practice

CTMs which contain or consist of PDOs/PGIs

Where we want to move:future practice

Current practice

Main CTMR provisions applied:

• 7(1)(c)

• 7(1)(j)

• 7(1)(k)

Current practice

 

7(1)(c) 7(1)(j)/(k)

Consists of PGI/PDO

Contains PGI/PDO

(Consists of G.N.)

(Contains G.N.)

Future practice

CTMR provisions:

• 7(1)(c)

• 7(1)(j)

• 7(1)(k)

EC Regulations:

• 510/2006 (foodstuff)

• 110/2008 (spirits)

• 1234/2007 (wines)

Future practice

7(1)(c) → self-contained provision

7(1)(j) → no explicit remission

7(1)(k) → Regulation 510/2006

Future practice

Main open issues from EC Regulations:

• Concept of comparable products;

• Concept and scope of misuse, imitation and evocation of the GI;

Further discussions at the workshops

THANK YOU.