Activities of Sergey LAGODINSKY related to 2022/0115(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754
Legal basis opinions (0)
Amendments (55)
Amendment 168 #
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for registration, amendments to the product specification and, cancellation of the registration and appeals in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 172 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’pt-out from their obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision,. That derogation can also takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 174 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 177 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public in machine- readable, commonly used formats. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office. The register of geographical indications for craft and industrial products should be included in the database already administered by the Office aggregating all geographical indications registered in the EU and at international level.
Amendment 183 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the product category concerned, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.
Amendment 186 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Homonymous indications are spelled or pronounced in the same way, but refer to different geographical areas. A name which is wholly or partly homonymous with a geographical indication registered or applied for earlier, should not be registered, unless certain circumstances make its protection justified, considering the need for equal treatment of the producers and the need for consumers not to be misled as to the true origin of the products.
Amendment 187 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 189 #
Proposal for a regulation
Recital 33
Recital 33
(33) The relationship between internet domain names and geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest in a registered geographical indicationThe holders of a registered geographical indication or a producer group having a legitimate interest in it should be empowered to request for the revocation or the transfer of the domain name in case the conflicting domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes the protection of a geographical indication. Alternative dispute resolution procedures should not prejudice the possibility of bringing domain name disputes before a national court. In case of conflicts on domain names with non-EU Country-codes, or with EU country codes concerning non- EU Geographical Indications, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN.
Amendment 196 #
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence. Citizens and consumers should expect that any geographical indication count with robust verification and control systems, regardless of whether the products originate from the EU or a third country.
Amendment 261 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission and the Office shall be considered joint controllers within the meaning of Article 3, point (9), of Regulation (EU) 2018/1725 of the European Parliament and of the Council29 (‘EUDPR’) in relation to the processing of personal data in the procedure it is competent for in accordance with this Regulation. _________________ 29 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The competent authorities of Member States shall be considered joint controllers within the meaning of Article 4, point (7), of Regulation (EU) 2016/679 of the European Parliament and of the Council30 (‘GDPR’) in relation to the processing of personal data in the procedures for which they are competent in accordance with this Regulation. _________________ 30 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC , OJ L 119, 4.5.2016, p. 1–88.
Amendment 263 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The joint controllers referred to in paragraphs 1 and 2 shall in a transparent manner determine their respective responsibilities for compliance with the obligations under, respectively, the EUDPR and the GDPR by means of an arrangement between them in accordance with Article 28 EUDPR and Article 26 GDPR.
Amendment 290 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The access to a geographical indication remains open to any new producer or manufacturer complying with the product specification on the geographical indication concerned.
Amendment 292 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Craft and industrial products the names of which are registered as a geographical indication shall comply with a product specification, which shall include at least the following objective and non- discriminatory elements:
Amendment 298 #
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) the type of product(s) covered by the name;
Amendment 301 #
Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)
Article 7 – paragraph 1 – point h a (new)
(ha) the competent product inspection authority;
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the product type;
Amendment 315 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii
Article 8 – paragraph 1 – point a – point ii
(ii) a description of the product, including, where appropriate, specific rules concerning packaging and labelling and the main stages of the production process,
Amendment 326 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States may charge a fee to cover the costs of managing the geographical indication system for craft and industrial products provided for in this Regulation, including those incurred in processing applications, statements of opposition, applications for amendments and, requests for cancellations and appeals.
Amendment 343 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. By way of derogation from Article 11, the Commission shall be empowered to exempt a Member State may opt-out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, provideinforms the Commission about its opt-out with evidence that shows that the following conditions are met:
Amendment 347 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission may request further information from the Member State before adopting a Commission Decision on the derogation referred in paragraph 1.
Amendment 352 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 353 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. Upon request by the Office, within 60 days from such request, the Member State, through the contact point, shall provide assistance in particular for the examination process. Upon request by the Member State, the time limit may be extended by 60 days. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications, notably pursuant to the joint controller roles of the Office and of the competent authorities of the Member State in relation to the processing of personal data in the procedures for which they are competent under the Regulation.
Amendment 399 #
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) the proposed geographical indication does not comply with the requirements for protection laid down in this Regulation or;
Amendment 400 #
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the registration of the proposed geographical indication would be contrary to Articles 35, 37, 38 or 39, or;
Amendment 403 #
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) the registration of the proposed geographical indication would jeopardise the existencbe detrimental to the use of, an identirely, or partly identicalcal or similar name or of a trade mark, or the existenco the use of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 18(3).
Amendment 409 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The Office may decide to extend the transitional period granted under paragraph 1 up to 150 years, or allowing continued use for up to 15 years, provided it is additionally shown that:
Amendment 414 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 105 years, with effect from the date on which the application is lodged with the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.
Amendment 425 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A publicly accessiblen electronic Union register of geographical indications for craft and industrial products shall be made easily accessible to the public, in machine- readable, commonly used formats. It shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.
Amendment 427 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the classtype of the product;
Amendment 430 #
Proposal for a regulation
Article 26 – paragraph 3 – point b a (new)
Article 26 – paragraph 3 – point b a (new)
(b a) the contact details of the holders of the registered geographical indication;
Amendment 432 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 433 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. The Commission shall make public and regularly update both the list of the international agreements referred to in paragraph 2 and the list of geographical indications protected under those agreements. The Commission shall enable easy access to the product specifications behind each geographical indication, regardless of whether they are from the EU or third- countries, including those recognised via trade agreements or via the mechanism foreseen in the Geneva Act.
Amendment 434 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The Office 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 for 10maximum 5 years thereafter. The personal data contained in such documentation shall however be retained for no longer than is necessary for the purposes for which the personal data are processed, according to Regulation (EU) 2016/679 and Regulation (EU) No 2018/1725.
Amendment 438 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to easily download, in a machine-readable, commonly used format, an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body.
Amendment 453 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least a consecutive period of 75 years.
Amendment 460 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Following an examination of admissibility of the appeal, the Boards of Appeal shall decide on the appeal. The Boards of Appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. The Boards of Appeal may, on its own initiative or upon the written, reasoned request of a party, consult the Advisory Board as referred to in Article 33. The Office may offer alternative dispute resolution, like mediation services pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties reach an amicable settlement.
Amendment 474 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission and their respective altern, their respective alternates and independent experts in the field of the product category concerned, including from academia, as well as representatives of regional or local authorities, where appropriates.
Amendment 487 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, imitation or misleading evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
Amendment 492 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Paragraph 1 shall also apply to a domain name containing or consisting of the registered geographical indication within the limits of Article 41.
Amendment 506 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Amendment 509 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall regularly verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 516 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Country-code top-level domain name registries established in the Union may, upon request of a natural or legal person having a legitimate interest or rightsbeing the rights-holder of a geographical indication or being mandated by a producer group having a legitimate interest in a protected geographical indication, revoke or transfer a domain name registered under such country-code top- level domain to the producer group of the products with the geographical indication concerned, following an appropriate alternative- dispute-resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 35.
Amendment 524 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material or communication materials. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 547 #
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 1 (new)
Article 46 – paragraph 4 – subparagraph 1 (new)
The Commission shall be empowered to adopt delegated acts to define the modalities of such administrative cooperation with third-country authorities to ensure an equivalent level of verification of compliance of geographical indications on products originating in the EU.
Amendment 553 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall regularly carry out controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 570 #
Proposal for a regulation
Article 50 – paragraph 2 – point b – introductory part
Article 50 – paragraph 2 – point b – introductory part
(b) the delegated product certification body or the tasked natural person:
Amendment 571 #
Proposal for a regulation
Article 50 – paragraph 2 – point b – point i
Article 50 – paragraph 2 – point b – point i
(i) is to have the expertise, equipment and infrastructure required to perform the official control tasks delegated to ithem, including for company accounting;
Amendment 573 #
Proposal for a regulation
Article 50 – paragraph 2 – point b – point iii
Article 50 – paragraph 2 – point b – point iii
(iii) is to be impartial and free from any conflict of interest and in particular is not to be in a situation which may, directly or indirectly, affect the impartiality of itstheir professional conduct as regards the performance of those official control tasks delegated to ithem; and
Amendment 574 #
Proposal for a regulation
Article 50 – paragraph 2 – point b – point iv
Article 50 – paragraph 2 – point b – point iv
(iv) is to have sufficient powers to perform the official control tasks delegated to ithem; and
Amendment 575 #
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
Amendment 580 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Office mayshall establish a digital portal where the names and addresses of the competent authorities and delegated product certification bodies including natural persons referred to in paragraphs 1 and 2 are made public.
Amendment 589 #
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 (new)
Article 62 – paragraph 1 – subparagraph 1 (new)
All geographical indications originating in third countries and registered or recognised in the EU should be backed-up by an equivalent level of verification of compliance and scrutiny to the level applicable to products originating in the EU, regardless of the specific process that has been followed to register or recognise them in the EU. To that end, EUIPO shall cooperate with its non-EU counterparts along the modalities determined under the delegation of powers provided by Article 46(4) second subparagraph.
Amendment 590 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1 (new)
Article 64 – paragraph 1 – subparagraph 1 (new)
The Office shall make that digital system easily accessible to the public, in machine-readable and commonly used formats, and design it in such a way that it can be used by the Member States’ competent authorities for their national procedure in accordance with this Regulation.
Amendment 591 #
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
The IT system shall be managed according to the obligations pertaining to personal data provided in Regulation (EU) 2016/679 and Regulation (EU) No 2018/1725.