7 Amendments of Nicola DANTI related to 2018/0189(COD)
Amendment 3 #
Proposal for a regulation
Recital 4
Recital 4
(4) Following the accession of the Union to the Geneva Act, the Commission should as a first step file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') an application for registration of a list of geographical indications originating and protected in the territory of the Union in their register (‘the International Register’). T, in close cooperation with the Member States, trade associations and producers concerned. That list should include, as far as possible, geographical indications already registered by the Member States that were contracting parties to the Special Union prior to the European Union's accession to the Geneva Act. Moreover, the criteria for the establishment of such a list should, as it is the case for some of the bilateral and regional agreements of the Union regarding protection of geographical indications, take into account in particular the production value and export value, protection under other agreements as well as current or potential misuse in the third countries concerned.
Amendment 4 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure that additional geographical indications protected and registered in the Union are registered in the International Register, including the possible extension of protection to geographical indications for non- agricultural products, it is appropriate to authorise the Commission, at a later stage, to file applications for the international registration of such additional geographical indications, on its own initiative or at the request of a Member State or of an interested group of producers or, in exceptional cases, at the request of a single producer. In this regard, the Commission should use a regular mechanism to consult Member States, trade associations and European producers in order to establish a fluid dialogue with stakeholders.
Amendment 9 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
The Commission shall adopt an implementing act establishing the list of geographical indications referred to in the first paragraph, in accordance with the examination procedure referred to in Article 13(2). The list shall include, as far as possible, European geographical indications already registered in the International Register by the Member States that were contracting parties to the Special Union prior to the European Union's accession to the Geneva Act.
Amendment 11 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Following the accession of the Union to the Geneva Act, the Commission may on its own initiative or at the request of a Member State or of an interested group of producers or of the single producer using a geographical indication protected and registered in the Union, adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under Union law and pertaining to a product originating in the Union with the International Bureau. To that end, the Commission shall use a regular mechanism to consult Member States, trade associations and European producers.
Amendment 15 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 16 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) The Commission shall assess the publication notified by the International Bureau pursuant to Article 6(4) of the Geneva Act concerning the geographical indications registered in the International Register and in respect of which the Contracting Party of Origin, as defined under Article 1(xv) of the Geneva Act, is not a Member State, in order to determine whether it contains the mandatory elements laid down in Rule 5(2) of the Common Regulations under the Lisbon Agreement and the Geneva Act (the 'Common Regulations')8, and the particulars concerning the quality, reputation or characteristics as laid down in Rule 5(3) of those Regulations, as well as to assess whether the publication relates to a product in respect of which protection within the Union of geographical indications is currently provided. The period for carrying out such assessment shall not exceed four months and shall not include assessment of other specific Union provisions relating to the placing of products on the market and, in particular, to sanitary and phytosanitary standards, the marketing standards, and to food labelling. _________________ 8 Common Regulations under the Lisbon Agreement and the Geneva Act of the Lisbon Agreement as adopted by the Assembly of the Lisbon Union on 11 October 2017, http://www.wipo.int/meetings/en/doc_detai ls.jsp?doc_id=376416, Doc. WIPO A/57/11 of 11 October 2017
Amendment 17 #
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) that the geographical indication registered in the International Register relates to a product in respect of which protection within the EU of geographical indications is currently not provided at the moment of opposition;