27 Amendments of Geoffroy DIDIER related to 2022/0089(COD)
Amendment 132 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors, and that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 148 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 168 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that notice of comments, which will not trigger the aopplicaosition could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be voidprocedure shall contain additional information or point out any error in relation to the application for registration. It shall not confer any rights on the sender.
Amendment 172 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the applicationpplicant to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 182 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 198 #
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. The Commission may adopt implementing acts extending the transitional period granted under paragraph (1) up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that:
Amendment 216 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation. In case of cancellation, the documentation is retained for 10 years thereafter.
Amendment 220 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 228 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the rights' holdmanager of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 242 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standtemporardy amendment shall be considered as a temporstandaryd amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or, adverse weather conditions formally recognised by the competent authorities, or exceptional circumstances or emergencies recognised by the Member State.
Amendment 253 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinise the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutiny of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.
Amendment 263 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 282 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 291 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, or dilutes, or is detrimental to the reputation of,the protected name, including where those protected nameducts are used as ingredients;
Amendment 293 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar., including where those products are used as ingredients;
Amendment 299 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear link with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumeraverage European consumer who is reasonably well informed and reasonably observant and circumspect, thereby exploiting, weakening, or diluting or being detrimental to the reputation of the registered name.
Amendment 302 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 311 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Geographical indications protectregistered under this Regulation shall not become generic in the Union.
Amendment 317 #
Proposal for a regulation
Article 28
Article 28
Amendment 353 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 360 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. TUnion trade marks registered in breach of paragraph (1) shall be invalidated by EUIPO and, when applicable, national trade marks registered in breach of paragraph (1) shall be invalidated by the competent national authorities.
Amendment 390 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 401 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 405 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 407 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 412 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 52 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.
Amendment 414 #
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47 a 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate the Union register of geographical indications referred to in Article 23. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the producer group and the Member State from which the Union application for registration was submitted, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name similar or identical to their geographical indication. That delegated act shall also include the obligation for registries of top-level domain names, established in the Union, to provide EUIPO with the relevant information and data.