2022/0115(COD) Geographical indication protection for craft and industrial products
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
WALSMANN Marion ( EPP)
|
GARCÍA DEL BLANCO Ibán ( S&D),
VÁZQUEZ LÁZARA Adrián ( Renew),
LAGODINSKY Sergey ( Verts/ALE),
BASSO Alessandra ( ID),
STANCANELLI Raffaele ( ECR),
MAUREL Emmanuel ( GUE/NGL)
|
| Committee Opinion | INTA |
BELKA Marek ( S&D)
|
Emmanuel MAUREL ( GUE/NGL)
|
| Committee Opinion | ITRE | ||
| Committee Opinion | IMCO |
CHARANZOVÁ Dita ( Renew)
|
Francisco GUERREIRO ( Verts/ALE),
Alessandra BASSO ( ID)
|
Lead committee dossier:
Legal Basis:
TFEU 118-p1
Legal Basis:
TFEU 118-p1Subjects
Events
2023/10/27
Final act published in Official Journal
2023/10/18
CSL - Draft final act
Documents
2023/10/18
CSL - Final act signed
2023/10/09
EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/09/12
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 616 votes to 9, with 7 abstentions, a legislative resolution 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) 2019/175.
Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Protection of geographical indications for craft and industrial products
The regulation provides Union protection for geographical indications for products falling outside the scope of existing Union law, while ensuring convergence. That protection should be aimed at encompassing a large variety of craft and industrial products, such as natural stones, woodwork, jewellery, textiles, lace, cutlery, glass, porcelain, and hides and skins.
The introduction of such a system for the protection of geographical indications for craft and industrial products would bring benefits for consumers, by improving awareness in relation to the authenticity of products. It would also have a positive economic impact on micro- and small and medium-sized enterprises (MSMEs) by strengthening competitiveness, and it would have a general positive impact on employment, development and tourism in rural and less developed regions. Furthermore, such a system would also facilitate access to third-country markets through trade agreements with the Union and would achieve the full potential of geographical indications for craft and industrial products.
Objectives
The amended Regulation lays down provisions relating to:
- the necessary tasks, rights and responsibilities for producers to manage geographical indications, including in response to societal demands for sustainable products;
- simple and efficient registration of geographical indications, taking into account the appropriate protection of intellectual property rights;
- the generation of added value by contributing to fair competition in the market;
- reliable information and a guarantee of authenticity of products designated by a geographical indication for the consumer;
- effective controls and enforcement in relation to geographical indications for craft and industrial products and the marketing of craft and industrial products throughout the Union, including in electronic commerce, whilst ensuring the integrity of the internal market;
- local economic development that contributes to the protection of know-how and of common heritage.
Registration procedure
To obtain protection as geographical indications, names should be registered at Union level only. The standard procedure for the registration of a geographical indication under this Regulation should comprise two phases : (i) the first phase should take place at national level; (ii) the second phase should take place at Union level (European Union Intellectual Property Office). Where a Member State has been granted a derogation from that standard procedure, it should be possible for an applicant from that Member State to submit an application directly to the Office through the direct registration procedure. Any administrative burden associated with the registration procedure shall be kept to a minimum.
Member States should provide for efficient, predictable and expeditious administrative procedures . Information about those procedures, including any applicable deadlines and the overall length of the procedures, should be publicly available. The procedures for registration, including opposition, amendment of the product specification, cancellation of the registration and appeal in respect of geographical indications originating in the Union should be carried out by the Member States and the Office and those procedures should fulfil transparency requirements.
Member States should establish the detailed procedural arrangements for the national phase. Those arrangements should include consultations between the applicant and any national opponents, as well as the submission by the applicant of a report on the outcome of those consultations, and on any modifications made to the application.
Control and verification
To ensure consumer confidence in the specific characteristics of artisanal and industrial products designated with a geographical indication, producers should be subject to a system based on a self-declaration by the producer verifying that the product complies with the specifications before and after it is placed on the market. Once the product has been placed on the market, producers should submit a new self-declaration every three years to demonstrate that the product continues to comply with the specifications.
On receipt of the self-declaration, the competent authority should carry out an examination of the self-declaration, including at least a check for completeness and consistency. Where the competent authority is satisfied that the information provided in the self-declaration is complete and consistent and has no other reservations regarding conformity, the competent authority should issue or renew an official certificate of authorisation to manufacture the product designated by the geographical indication.
As an alternative to the verification procedure based on self-declaration, Member States should be allowed to provide for a verification procedure based on verification of compliance by a competent authority or a designated third party . Such verification procedure should include controls of compliance with the product specification both before and after the product has been placed on the market. The competent authority should be allowed to delegate, where necessary, to product certification bodies or natural persons certain control tasks related to checking the geographical origin, or the production process, of the product concerned.
Member States should have the possibility of charging a fee to cover the costs of managing the system for the protection of geographical indications for craft and industrial products. In that context, Member States should take into account the situation of MSMEs.
Protection of geographical indications in domain names
In order to strengthen the protection of geographical indications for craft and industrial products and to combat counterfeiting effectively, the protection under this Regulation should also apply to domain names on the internet.
Country-code top-level domain name registries established in the Union offering alternative dispute resolution procedures to settle disputes relating to the registration of domain names should ensure that such procedures also cover geographical indications.
Following an appropriate alternative dispute resolution procedure or judicial procedure, it should be possible for country-code top-level domain name registries established in the Union to revoke or transfer a domain name registered under a country-code top-level domain to the relevant producer group, where: (i) domain name registration contravenes the protection of a geographical indication, (ii) where the domain name is being used in bad faith, or (iii) where it has been registered by its holder without that holder having a right to or a legitimate interest in the geographical indication.
Documents
2023/09/11
EP - Debate in Parliament
Documents
2023/05/30
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2023/03/15
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/03/13
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/03/07
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Legal Affairs adopted the report by Marion WALSMANN (EPP, DE) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Objectives
This Regulation creates unitary and exclusive protection for the geographical indication of craft and industrial products, ensuring the following:
- necessary powers and responsibilities for the producers acting collectively to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production;
- fair competition for producers in the commercial chain;
- reliable information and a guarantee of authenticity of such products for the consumer;
- simple and efficient registration of geographical indications, taking into account the appropriate protection of intellectual property rights;
- effective enforcement and marketing throughout the Union and in electronic commerce , ensuring the integrity of the internal market;
- local economic development, which guarantees the protection of knowhow and of common heritage.
Definitions
Members clarified the definition of ‘geographical indication’ to mean an indication consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
The report also includes the definition of ‘national specific protection for geographical indications for craft and industrial products’ to mean an intellectual property title under national, regional or local law specifically protecting names that identify craft and industrial products with a given quality, reputation or other characteristics linked to their geographical origin, with the exception of trade marks.
On the other hand, the report deleted the definition of ‘combined nomenclature’ as Members considered this to be unclear.
Registration procedure
Members considered that the registration procedure should comprise two stages: (i) the first stage should take place at national level; (ii) the second stage shall take place at the level of the Office.
By way of derogation, Member States may opt out of the national stage of the procedure and choose a direct registration in which only the European Union Intellectual Property Office is responsible for the registration. Member States and the Office should ensure that the administrative burden associated with the procedures for registering geographical indications is kept to a minimum in order to facilitate the registration.
Single document
Micro, small and medium-sized enterprises (MSMEs) often have limited resources to deal with administrative tasks. The competent authorities should, therefore, upon request draw up the single document for them on the basis of their product specifications and send it for their approval and the competent authority should also provide all necessary support tools, including financial support and assist MSMEs during the registration procedure.
Registration fees
Moreover, where a Member State charges a fee covering administrative costs, the level of the fees should be reasonable and proportionate to the means of the businesses in order to foster the competitiveness of the producers of the geographical indications. The competent authority should ensure that applicants can submit their applications electronically.
Checks and enforcement
The Member States and the Commission should work on an efficient enforcement system, in order to avoid fraudulent practices.
Citizens and consumers should expect that any geographical indication is covered by robust verification and control systems, regardless of whether the products originate from the Union or a third country. In this regard, EU countries would be required to designate a competent authority in charge of checking that a GI has been placed on the market in accordance with the product specification. Members wanted to make sure that the rules effectively apply also to goods placed on the electronic market and make obligatory the proposed establishment of a digital portal with details of certification bodies accessible to the public.
The digital portal should include the names and contact details of the competent authorities and delegated product certification bodies including natural persons. Taking into consideration the importance of the online markets, the inspection have also to take place in the online world.
Documents
2023/02/28
EP - Vote in committee, 1st reading
2023/02/28
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/02/01
EP - Committee opinion
Documents
2023/01/26
EP - Committee opinion
Documents
2022/12/21
PT_PARLIAMENT - Contribution
Documents
2022/11/09
EP - Amendments tabled in committee
Documents
2022/11/09
EP - Amendments tabled in committee
Documents
2022/10/11
CofR - Committee of the Regions: opinion
Documents
2022/10/05
EP - Committee draft report
Documents
2022/09/21
ESC - Economic and Social Committee: opinion, report
Documents
2022/07/19
EP - CHARANZOVÁ Dita (Renew) appointed as rapporteur in IMCO
2022/07/14
DE_BUNDESRAT - Contribution
Documents
2022/06/27
CZ_CHAMBER - Contribution
Documents
2022/06/02
EDPS - Document attached to the procedure
Documents
2022/05/18
EP - Committee referral announced in Parliament, 1st reading
2022/05/17
EP - WALSMANN Marion (EPP) appointed as rapporteur in JURI
2022/05/16
EP - BELKA Marek (S&D) appointed as rapporteur in INTA
2022/04/13
EC - Document attached to the procedure
Documents
2022/04/13
EC - Document attached to the procedure
Documents
2022/04/13
EC - Document attached to the procedure
Documents
2022/04/13
EC - Document attached to the procedure
Documents
2022/04/13
EC - Legislative proposal published
Details
PURPOSE: to provide a common legal framework for geographical indication (GI) protection for craft and industrial products.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: for many years, geographical indication protection has been established at EU level for wines, spirit drinks, aromatised wines, as defined at EU level, and for agricultural products and foodstuffs, as protected at EU level. However, at present there is no EU-wide mechanism to protect the names of non-agricultural products such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain.
Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products.
Due to the legal uncertainty resulting from fragmentation, producers face challenges protecting craft and industrial products linked to a geographical area.
CONTENT: the proposal aims to establish a directly applicable GI protection for craft and industrial products at EU level . It aims to strengthen the position of producers to protect their craft and industrial products throughout the EU against counterfeiting and to encourage them to invest in these products, to cooperate in creating niche markets and to preserve specific local skills and traditions. The proposal also aims to improve the visibility of authentic craft and industrial products on the markets.
The main elements of the proposal are as follows:
Registration of geographical indications
The proposal would allow for the simple and inexpensive registration of GIs for craft and industrial products through a two-stage application procedure . The first stage would take place at Member State level, where national and local authorities would carry out an initial examination of the specifications agreed by local producers and their GI applications. The second stage would take place at EU level, where the European Union Intellectual Property Office (EUIPO) would take a decision on registration, on which no fee would be charged.
The proposal establishes an exceptional scheme for direct procedures before the Office for applicants from a Member State that meets certain conditions on the date of adoption of this Regulation, and do not therefore designate a national authority for the management of the procedures for registration, amendments to the product specification and cancellation of the registration in respect of GIs. Member States that opt for this exceptional registration scheme must designate a contact point for the registration procedure under EUIPO, and a competent authority for the controls and enforcement.
Protection of geographical indications
The level of GI protection for craft and industrial products is defined in the proposal. It also sets out rules for GIs when used as parts or components in manufactured products, clarifies generic terms and registration of homonymous GIs, as well as the relationship with trademarks. It provides rules for producer groups. The relationship with the use of protected terms in internet domain names is defined. The proposal includes the rules for the use of Union symbols, indications and abbreviations on the labelling and advertising material of the product concerned.
Controls and enforcement
Controls would include verification that a product designated with a GI has been produced in accordance with the relevant product specification and control of the use of GIs on the market. With regard to verification and control, the proposal provides for two procedures concerning the control of producers.
While Member States are required to designate the competent authority responsible for the official controls to verify compliance with this Regulation, they are free to introduce a third-party certification procedure operated by competent authorities or delegated product certification bodies, or a procedure based on the producer’s self-declaration. Besides producer controls, the proposal also sets out rules for Member States on how to prevent or stop any other misuse of GIs in their territory. In addition, it aims to prevent the misuse of GIs on online platforms.
International protection of GIs
The proposal aims to ensure that producers can fully benefit from the international framework for the registration and protection of GIs (‘Lisbon system’). In November 2019, the EU acceded to the Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical Indications, a treaty administered by the World Intellectual Property Organization (WIPO). EU producers of CI products cannot currently claim protection under the Geneva Act and the EU has to reject requests for such protection from members of the Geneva Act. In the same vein, EU producers cannot benefit from the protection granted by EU trade agreements that currently only cover agricultural GI products. The proposal aims to close this gap.
BUDGETARY IMPLICATIONS: the proposal has no implications on the EU budget. The EUIPO, which is entirely self-financing, will manage and fund the registration process at the EU and international level out of its budget.
As far as national administrations are concerned, 16 Member States (Belgium, Bulgaria, Croatia, Czech Republic, Estonia, France, Germany, Hungary, Italy, Latvia, Poland, Portugal, Romania, Slovakia, Slovenia and Spain), where national GI schemes for craft and industrial products are already in place, are not expected to incur additional administrative costs.
Due to the small number of potential applicants for GI protection for craft and industrial products in the EU (around 300 registrations are expected over 10 years), the costs at national and EUIPO level do not appear to be substantial. They are estimated at around EUR 860 000 annually for the EU as a whole.
Documents
Documents
- Final act published in Official Journal: Regulation 2023/2411
- Final act published in Official Journal: OJ L 000 27.10.2023, p. 0000
- Draft final act: 00031/2023/LEX
- Decision by Parliament, 1st reading: T9-0305/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0049/2023
- Committee opinion: PE732.760
- Committee opinion: PE736.371
- Contribution: COM(2022)0174
- Amendments tabled in committee: PE738.505
- Amendments tabled in committee: PE738.557
- Committee of the Regions: opinion: CDR2982/2022
- Committee draft report: PE736.692
- Economic and Social Committee: opinion, report: CES3163/2022
- Contribution: COM(2022)0174
- Contribution: COM(2022)0174
- Document attached to the procedure: OJ C 258 05.07.2022, p. 0005
- Document attached to the procedure: N9-0037/2022
- Document attached to the procedure: SEC(2022)0193
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0114
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0115
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0116
- Legislative proposal published: COM(2022)0174
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0193
- Document attached to the procedure: EUR-Lex SWD(2022)0114
- Document attached to the procedure: EUR-Lex SWD(2022)0115
- Document attached to the procedure: EUR-Lex SWD(2022)0116
- Document attached to the procedure: OJ C 258 05.07.2022, p. 0005 N9-0037/2022
- Economic and Social Committee: opinion, report: CES3163/2022
- Committee draft report: PE736.692
- Committee of the Regions: opinion: CDR2982/2022
- Amendments tabled in committee: PE738.505
- Amendments tabled in committee: PE738.557
- Committee opinion: PE736.371
- Committee opinion: PE732.760
- Draft final act: 00031/2023/LEX
- Contribution: COM(2022)0174
- Contribution: COM(2022)0174
- Contribution: COM(2022)0174
Activities
- Laura FERRARA
Plenary Speeches (1)
- Heidi HAUTALA
Plenary Speeches (1)
- Gilles LEBRETON
Plenary Speeches (1)
- Marian-Jean MARINESCU
Plenary Speeches (1)
- Michaela ŠOJDROVÁ
Plenary Speeches (1)
- Ibán GARCÍA DEL BLANCO
Plenary Speeches (1)
- Sabrina PIGNEDOLI
Plenary Speeches (1)
- Alessandra BASSO
Plenary Speeches (1)
- Marek BELKA
Plenary Speeches (1)
- Beatrice COVASSI
Plenary Speeches (1)
Votes
Protection des indications géographiques pour les produits artisanaux et industriels - A9-0049/2023 - Marion Walsmann - Accord provisoire - Am 210 #
2023/09/12 Outcome: +: 616, -: 9, 0: 7
PPE
The Left
NI| Amendments | Dossier |
| 890 |
2022/0115(COD)
2022/11/10
IMCO
283 amendments...
Amendment 118 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6
Amendment 119 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass, woodcraft, musical instruments, leathercraft, soaps and porcelain. __________________ 6 Regulation (EU) 2019/787 of the
Amendment 120 #
Proposal for a regulation Recital 5 (5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less-developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical
Amendment 121 #
Proposal for a regulation Recital 9 a (new) (9a) The competent authorities must ensure that the use of a sign, symbol or other form of product labelling or presentation bearing a phonetic or visual resemblance to the registered geographical indication is not unduly exploited for commercial purposes, thereby misleading the consumer.
Amendment 122 #
Proposal for a regulation Recital 12 (12)
Amendment 123 #
Proposal for a regulation Recital 13 (13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process.
Amendment 124 #
Proposal for a regulation Recital 13 (13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge
Amendment 125 #
Proposal for a regulation Recital 13 a (new) (13a) Given the limited resources available to micro, small and medium- sized enterprises for administrative tasks, the authorities should provide them with all necessary support and financial assistance during the registration process.
Amendment 126 #
Proposal for a regulation Recital 13 a (new) (13a) The Member States should establish details concerning the national stage procedure, but the admissibility of the opposition and the reasons for denying registration of a geographical indication have to be aligned with the ones on the Union stage.
Amendment 127 #
Proposal for a regulation Recital 14 (14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of
Amendment 128 #
Proposal for a regulation Recital 14 (14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries
Amendment 129 #
Proposal for a regulation Recital 15 (15) The procedures for registration, amendments to the product specification and cancellation of the registration 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
Amendment 130 #
Proposal for a regulation 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 131 #
Proposal for a regulation Recital 17 (17) It is possible for certain Member States to o
Amendment 132 #
Proposal for a regulation Recital 17 (17) It is possible for certain Member States to obtain a derogation from the Member States’ 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, 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
Amendment 133 #
Proposal for a regulation Recital 17 (17) It is possible for
Amendment 134 #
Proposal for a regulation Recital 18 Amendment 135 #
Proposal for a regulation Recital 18 Amendment 136 #
Proposal for a regulation Recital 21 Amendment 137 #
Proposal for a regulation 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 138 #
Proposal for a regulation 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. 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.
Amendment 139 #
Proposal for a regulation 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
Amendment 140 #
Proposal for a regulation 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
Amendment 141 #
Proposal for a regulation 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 142 #
Proposal for a regulation 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.
Amendment 143 #
Proposal for a regulation Recital 36 (36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented,
Amendment 144 #
Proposal for a regulation Recital 38 (38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks.
Amendment 145 #
Proposal for a regulation 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 146 #
Proposal for a regulation 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
Amendment 147 #
Proposal for a regulation Recital 41 (41) In order to guarantee consumers of the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system that verifies compliance with the product specification before the product is put on the market.
Amendment 148 #
Proposal for a regulation Recital 44 Amendment 149 #
Proposal for a regulation Recital 44 (44) Member States should have the possibility to allow producers to fulfil their obligation
Amendment 150 #
Proposal for a regulation Recital 45 Amendment 151 #
Proposal for a regulation Recital 46 Amendment 152 #
Proposal for a regulation Recital 46 Amendment 153 #
Proposal for a regulation Recital 46 (46) Where a self-declaration certification procedure is in place, competent authorities should carry out
Amendment 154 #
Proposal for a regulation Recital 48 (48) Control and verification fees or charges should cover, but not exceed, the costs, including overhead costs, incurred by the competent authorities to perform official controls. Overhead costs could include the costs of the organisation and support necessary for planning and carrying out the official controls. Such costs should be calculated on the basis of each individual official control or on the basis of all official controls performed over a given period of time. Where fees or charges are applied on the basis of the actual cost of individual official controls, producers with a good record of compliance should bear lower overall charges than non-compliant ones, as such producers with a good record of compliance should be subject to less
Amendment 155 #
Proposal for a regulation Recital 60 (60) In order to amend or supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the requirements or listing additional items of the accompanying documentation, defining procedures and conditions applicable to the preparation and submission of Union applications for registration, rules on entrusting the Office to operate the Union register of geographical indications for craft and industrial products; the formal content of the notice of appeal, the procedure for the filing and the examination of an appeal as well as the formal content and the form of the Board of Appeal’s decisions
Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the registration, protection, control and enforcement of
Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the registration, protection, control and enforcement of certain names that identify craft and industrial products with given quality
Amendment 158 #
Proposal for a regulation Article 1 a (new) Amendment 159 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 160 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 161 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 162 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation
Amendment 163 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 164 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 165 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products produced either
Amendment 166 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘
Amendment 167 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘
Amendment 168 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products
Amendment 169 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products produced either totally by hand or with the aid of manual tools or by mechanical means
Amendment 170 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 171 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 172 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) ‘industrial products’ means products produced in a standardised way
Amendment 173 #
Proposal for a regulation Article 3 – paragraph 1 – point b a (new) (ba) “geographical indications” means an indication consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;
Amendment 174 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer geographical indication group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 175 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 176 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 177 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the geographical indication product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 178 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, processing or preparation, as set out in the GI product specification, up to the point, where the product is in a form to be placed on the internal market;
Amendment 179 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by
Amendment 180 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers
Amendment 181 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations;
Amendment 182 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including production, and/or processing activities, covered by the product specification;
Amendment 183 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g)
Amendment 184 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator engaged in
Amendment 185 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point i (i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed,
Amendment 186 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point ii (ii) a common term descriptive of the type of product
Amendment 187 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a
Amendment 188 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a legal person, duly accredited, which certifies that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
Amendment 189 #
Proposal for a regulation Article 3 – paragraph 1 – point j Amendment 190 #
Proposal for a regulation Article 3 – paragraph 1 – point j (j) ‘self-declaration’ means a document whose content is set out on a specific (predetermined and standardised) form in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States.
Amendment 191 #
Proposal for a regulation Article 3 – paragraph 1 – point j a (new) (ja) 'the Office' means the European Union Intellectual Property Office;
Amendment 192 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) ‘notice of comment’ means a written observation lodged with the
Amendment 193 #
Proposal for a regulation Article 3 – paragraph 1 – point k a (new) (ka) new point l: ‘technical expert’ means a person with the specific detailed knowledge and skills necessary to conduct the activities of the geographical indications division of the office department referred to in Section 2 of this Regulation;
Amendment 194 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part For the name of a craft
Amendment 195 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) The product originates in a
Amendment 196 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) Its given quality
Amendment 197 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the qualifying production steps
Amendment 198 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the qualifying production steps of the product takes place in the defined geographical area. The qualifying stage, as defined under the product specification, means that at which the specific characteristics establishing a link between the quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b) come into being;
Amendment 199 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the essential production steps of the product takes place in the defined geographical area.
Amendment 200 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications shall
Amendment 201 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 202 #
Proposal for a regulation Article 6 – paragraph 2 2. An authority designated by a Member State or a territorial collectivity may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.
Amendment 203 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. A single producer may be deemed
Amendment 204 #
Proposal for a regulation Article 6 – paragraph 3 – point a Amendment 205 #
Proposal for a regulation Article 6 – paragraph 3 – point b Amendment 206 #
Proposal for a regulation Article 6 – paragraph 3 – point b Amendment 207 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. the use of the geographical indication shall be opened to any new producer able to comply with the specifications;
Amendment 208 #
Proposal for a regulation Article 6 – paragraph 4 4. In the case of a geographical indication that designates a cross-border
Amendment 209 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 210 #
Proposal for a regulation 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
Amendment 211 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
Amendment 212 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the name to be protected as geographical indication which may be
Amendment 213 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) the type of product(s) covered by the name;
Amendment 214 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) the type of product;
Amendment 215 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) the specification of the defined geographical area
Amendment 216 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) evidence that the product originates in the defined geographical area specified in Article 5
Amendment 217 #
Proposal for a regulation Article 7 – paragraph 1 – point g Amendment 218 #
Proposal for a regulation Article 7 – paragraph 1 – point g (g) details establishing the link between a given quality
Amendment 219 #
Proposal for a regulation Article 7 – paragraph 1 – point h a (new) (ha) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 220 #
Proposal for a regulation Article 7 – paragraph 1 – point h a (new) (ha) the competent product inspection authority;
Amendment 221 #
Proposal for a regulation Article 7 – paragraph 1 – point i (i) other
Amendment 222 #
Proposal for a regulation Article 7 – paragraph 1 – point i – point i (new) (i) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 223 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. Product specification shall contain objective and non-discriminatory elements only.
Amendment 224 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i (i) the name to be protected as a geographical indication;
Amendment 225 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) (ii) product type (hand-made or industrial);
Amendment 226 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) the type of product;
Amendment 227 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) the type of products;
Amendment 228 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii (ii) a description of the product, including, where appropriate,
Amendment 229 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii a (new) (iia) a description of the method of producing or obtaining the product, where appropriate, the traditional method and specific practices used;
Amendment 230 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point iii a (new) (iiia) the main steps of production;
Amendment 231 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The documentation accompanying the application for registration as referred in articles 11 and 17 (‘accompanying documentation’) shall comprise:
Amendment 232 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 233 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 234 #
Proposal for a regulation 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
Amendment 235 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States may charge a fee to cover the marginal 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.
Amendment 236 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee
Amendment 237 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall
Amendment 238 #
Proposal for a regulation Article 10 – paragraph 2 2.
Amendment 239 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall
Amendment 240 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 241 #
Proposal for a regulation Article 10 – paragraph 4 4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30 to cover the marginal costs of managing these procedures. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3) in order to cover the marginal costs of managing these procedures.
Amendment 242 #
Proposal for a regulation Article 10 – paragraph 5 Amendment 243 #
Proposal for a regulation Article 10 – paragraph 5 5. The Commission shall adopt implementing acts to determine the amounts of the fees charged by the Office and the ways in which they are to be paid or, in case of the fee for appeals before the Boards of Appeal, reimbursed. The level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall be progressive, taking into account the situation of micro, small and medium- sized enterprises. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
Amendment 244 #
Proposal for a regulation Article 11 – paragraph 3 – point a a (new) (aa) The competent authority shall ensure that applicants can submit their applications electronically via the digital system of the Office according to Article 18 paragraph 1 and Article 64.
Amendment 245 #
Proposal for a regulation Article 11 – paragraph 4 4.
Amendment 246 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. Member States, which agreed to the procedure referred to in paragraph 4 of this Article may annul their agreement and opt for a different procedure after notifying the other party or parties of the agreement in writing. If the competent authority acting on behalf of other Member State, or Member States, is located in a Member State that seeks to annul the agreement, that Member State shall notify the other party or parties of the agreement about its intention to annul the agreement in writing at least 6 months prior to the date of annulment.
Amendment 247 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check within six months from the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed 6 months, the competent authority shall inform the applicant of the reasons for the delay in writing.
Amendment 248 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
Amendment 249 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information and evidences for registration referred to in Articles 7, 8 and 9. This examination process shall not exceed 18 months.
Amendment 250 #
Proposal for a regulation Article 12 – paragraph 1 a (new) In case Article 8 (1a (new)) applies the competent authority shall prepare the single document on the basis of the information provided according to Articles 7 and 9 and send it to the applicant for approval.
Amendment 251 #
Proposal for a regulation Article 13 – paragraph 1 1. After the conclusion of the examination referred to in Article 12, the competent authority shall conduct a national opposition procedure. That procedure shall ensure publication of the application and provide for a period of at least 60 working days from the date of publication within which any person having a legitimate interest and established or resident on the territory of the Member State in charge of the national phase of the registration or of the Member States in which the product concerned originates (‘national opponent’) may lodge an opposition to the application with the competent authority of the Member State in charge of the national phase of the registration.
Amendment 252 #
Proposal for a regulation Article 13 – paragraph 2 2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
Amendment 253 #
Proposal for a regulation Article 13 – paragraph 2 2. The competent authority shall
Amendment 254 #
Proposal for a regulation Article 13 – paragraph 2 a (new) 2a. The competent authority shall establish an objective and impartial report after the national opposition period.
Amendment 255 #
Proposal for a regulation Article 13 – paragraph 2 b (new) 2b. The grounds for opposition shall be assessed in relation to the territory of the Union.
Amendment 256 #
Proposal for a regulation Article 14 – paragraph 1 1. If the competent authority, after the examination of the application and the
Amendment 257 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. By way of derogation from Article 11,
Amendment 258 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. By way of derogation from Article 11,
Amendment 259 #
Proposal for a regulation Article 15 – paragraph 1 – point a Amendment 260 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 261 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 262 #
Proposal for a regulation Article 15 – paragraph 2 2. The Commission may request further information from the Member State
Amendment 263 #
Proposal for a regulation Article 15 – paragraph 3 3. When a Member State makes use of the derogation in accordance with paragraph 1, the application from a
Amendment 264 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 265 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 266 #
Proposal for a regulation Article 15 – paragraph 8 8. Upon request by the Office, within 60 working days from such request, the Member State, through the contact point, shall provide assistance in particular for the
Amendment 267 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. For geographical indications concerning products originating in the Union, the Union application for registration submitted by an applicant and/or a Member State to the Office, shall comprise:
Amendment 268 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) declaration by the Member State
Amendment 269 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 270 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. For geographical indications concerning products originating in a third country or countries the application for
Amendment 271 #
Proposal for a regulation Article 17 – paragraph 4 4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned or by the applicant producer group in a third country, directly or by the competent authority of that third country. If the cross-border area concerns any Member State, or Member States and a third country or countries, the joint application shall be submitted by either Member State concerned. If the cross-border area concerns any Member State or Member States which obtained derogation from Article 11 and a third country or countries, the joint application shall be submitted by the applicant producer groups.
Amendment 272 #
Proposal for a regulation Article 17 – paragraph 4 4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned
Amendment 273 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States
Amendment 274 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or
Amendment 275 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include
Amendment 276 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 277 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 278 #
Proposal for a regulation Article 19 – paragraph 1 – point a a (new) (aa) (b) the application complies with the definition of the Geographical Indication as provided in article 3;
Amendment 279 #
Proposal for a regulation Article 19 – paragraph 4 4. The Office may seek supplementary information from the Member State concerned.
Amendment 280 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State
Amendment 281 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State
Amendment 282 #
Proposal for a regulation Article 20 – paragraph 4 4. If the judicial decision referred to in paragraph 2 has acquired the force of res judicata, the Member State shall, as necessary, withdraw or modify the application and notify the relevant producer groups or single producers of this fact.
Amendment 283 #
Proposal for a regulation Article 21 – paragraph 3 3. The Office shall check the
Amendment 284 #
Proposal for a regulation Article 21 – paragraph 6 6. Within 1 month from the end of the consultations referred to in paragraph
Amendment 285 #
Proposal for a regulation Article 21 – paragraph 9 9. The Office
Amendment 286 #
Proposal for a regulation Article 22 – paragraph 2 – point b (b) the registration of the proposed geographical indication would be contrary to Articles 35, 37, 38 or 39;
Amendment 287 #
Proposal for a regulation Article 22 – paragraph 3 a (new) 3a. An opposition that does not comply with paragraph 1 shall be void and dismissed.
Amendment 288 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part 1. Without prejudice to Article 42, at the time of registration, the Office may decide to grant a transitional period of up to
Amendment 289 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 290 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The Office may decide to extend the transitional period granted under paragraph 1 up to
Amendment 291 #
Proposal for a regulation 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
Amendment 292 #
Proposal for a regulation Article 23 – paragraph 6 6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area
Amendment 293 #
Proposal for a regulation Article 24 – paragraph 2 2. Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in that Article is not fulfilled, it shall adopt a decision
Amendment 294 #
Proposal for a regulation Article 24 – paragraph 7 7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product,
Amendment 295 #
Proposal for a regulation Article 25 Amendment 296 #
Proposal for a regulation Article 26 – paragraph 1 1. A
Amendment 297 #
Proposal for a regulation Article 26 – paragraph 1 1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.
Amendment 298 #
Proposal for a regulation Article 26 – paragraph 3 – point b (b) the
Amendment 299 #
Proposal for a regulation 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 or refusal for 10 years thereafter.
Amendment 300 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration or refusal 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 301 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to easily download 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 302 #
Proposal for a regulation Article 27 – paragraph 2 2. The applicant producer group or where Article 6(2) or 6(3) applies, the authority designated by a Member State or a territorial collectivity or the single producer shall be identified as the holder of the registration in the Union register of geographical indications for craft and industrial products and in the official extract referred to in paragraph (1) of this Article.
Amendment 303 #
Proposal for a regulation Article 28 – paragraph 1 1. A producer group, a competent authority or a single producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 304 #
Proposal for a regulation Article 28 – paragraph 3 – point a (a) the amendment includes a change in the name
Amendment 305 #
Proposal for a regulation Article 28 – paragraph 3 a (new) 3a. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse conditions or geopolitical event/the consequences of such event formally recognised by the competent authorities.
Amendment 306 #
Proposal for a regulation Article 28 – paragraph 4 4. Union amendments shall be approved by the Office
Amendment 307 #
Proposal for a regulation Article 28 – paragraph 8 8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office.
Amendment 308 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. The Office may, own its own initiative or on a duly substantiated request by a geographical indication producers group, a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 309 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. The Office may, own its own initiative or on a duly substantiated request by a Member State
Amendment 310 #
Proposal for a regulation 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
Amendment 311 #
Proposal for a regulation Article 29 – paragraph 1 – point b a (new) (ba) where compliance with the requirements for the Geographical Indication definition can no longer be ensured.
Amendment 312 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 313 #
Proposal for a regulation Article 29 – paragraph 3 3. Article 6 and Articles 19 to 2
Amendment 314 #
Proposal for a regulation Article 29 – paragraph 4 4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State,
Amendment 315 #
Proposal for a regulation Article 29 – paragraph 4 4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the third country or, where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33. The Office shall also notify the relevant producer groups or single producers.
Amendment 316 #
Proposal for a regulation Article 31 – paragraph 1 1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon
Amendment 317 #
Proposal for a regulation Article 32 – paragraph 2 2.
Amendment 318 #
Proposal for a regulation Article 32 – paragraph 2 2. Opposition and cancellation decisions shall be taken by a panel of three members. At least one member shall be legally qualified
Amendment 319 #
Proposal for a regulation Article 33 – paragraph 1 1. An Advisory Board is set up to deliver an opinion where provided for in this Regulation or if deemed as necessary by the Commission and the Office.
Amendment 320 #
Proposal for a regulation Article 33 – paragraph 2 – point b Amendment 321 #
Proposal for a regulation Article 33 – paragraph 2 – point d a (new) (da) the assessment of the conditions of production and the link between the product and its geographical origin;
Amendment 322 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 323 #
Proposal for a regulation 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 alternates and any recognized expert in the field of GIs or of the concerned product, including representatives of regions.
Amendment 324 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 325 #
Proposal for a regulation Article 35 – paragraph 1 – introductory part 1. Geographical indications entered in the Union register of geographical indications for craft and industrial products as well as geographical indication protected by international agreement in the Union shall be protected against:
Amendment 326 #
Proposal for a regulation Article 35 – paragraph 1 – introductory part 1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
Amendment 327 #
Proposal for a regulation Article 35 – 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 identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication, including where those products are parts or components in manufactured products;
Amendment 328 #
Proposal for a regulation Article 35 – 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 identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication even if these products are parts or components of manufactured products;
Amendment 329 #
Proposal for a regulation Article 35 – 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 identical or similar to the products registered under that geographical indication or where use of the name exploits
Amendment 330 #
Proposal for a regulation Article 35 – 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 geographical indication is translated, transcripted or transliterated, or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘f
Amendment 331 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) any misuse, counterfeiting, imitation or 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, even if these products are parts or components of manufactured products;
Amendment 332 #
Proposal for a regulation 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 333 #
Proposal for a regulation Article 35 – paragraph 1 – point c (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites relating to the products, and the packing of the products or on domain names in a container liable to convey a false impression as to their origin;
Amendment 334 #
Proposal for a regulation Article 35 – paragraph 2 2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a
Amendment 335 #
Proposal for a regulation 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 336 #
Proposal for a regulation Article 35 – paragraph 5 5. The producer group or
Amendment 337 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product
Amendment 338 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a protected geographical indication
Amendment 339 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken
Amendment 340 #
Proposal for a regulation Article 36 – paragraph 2 2. The geographical indication designating a product’s part or component shall not be used in the sales designation of the manufactured product, except in cases of agreement with a
Amendment 341 #
Proposal for a regulation Article 37 Amendment 342 #
Proposal for a regulation Article 37 – paragraph 1 1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
Amendment 343 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 344 #
Proposal for a regulation Article 39 A
Amendment 345 #
Proposal for a regulation Article 39 A
Amendment 346 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States or the Office in case of direct application shall 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 347 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States or the Office, when Article 15 applies, shall 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 348 #
Proposal for a regulation 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 349 #
Proposal for a regulation Article 40 – paragraph 2 – point a (a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 350 #
Proposal for a regulation Article 40 – paragraph 2 – point a (a) develop, modify the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 351 #
Proposal for a regulation Article 40 – paragraph 2 – point b (b) take legal action and assert the right including enforcement actions, to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it, and prevent or counter any measures which are, or risk being detrimental to the image of their products;
Amendment 352 #
Proposal for a regulation Article 40 – paragraph 2 – point b (b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
Amendment 353 #
Proposal for a regulation Article 40 – paragraph 2 – point c (c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings
Amendment 354 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point v (v) providing advice and training to current and future producers, including on gender mainstreaming
Amendment 355 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point v (v) providing advice and training to current and future producers
Amendment 356 #
Proposal for a regulation Article 40 – paragraph 2 a (new) 2a. Producer groups shall ensure that producers within the group continuously comply with the relevant product specification when using of the name and symbol in the market. They may: (a) monitor the commercial use of the geographical indication in the market; (b) develop activities related to ensuring compliance of a product designated by a geographical indication with its product specification; (c) take action to ensure adequate legal protection of the geographical indication, including, where appropriate, informing the competent authorities as referred to in Article 45(1).
Amendment 357 #
Proposal for a regulation 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
Amendment 358 #
Proposal for a regulation Article 42 – paragraph 2 2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
Amendment 359 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 360 #
Proposal for a regulation Article 42 – paragraph 4 4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for
Amendment 361 #
Proposal for a regulation Article 43 – paragraph 1 1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document
Amendment 362 #
Proposal for a regulation 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
Amendment 363 #
Proposal for a regulation 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
Amendment 364 #
Proposal for a regulation 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
Amendment 365 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’
Amendment 366 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ may appear on the labelling and advertising material of products designated by a geographical indication of craft and industrial products.
Amendment 367 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 368 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant,
Amendment 369 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration
Amendment 370 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 371 #
Proposal for a regulation Article 44 – paragraph 8 – introductory part 8.
Amendment 372 #
Proposal for a regulation Article 44 – paragraph 8 – point a (a) depictions of the geographical area of origin, as referred to in the product specification;
Amendment 373 #
Proposal for a regulation Article 44 – paragraph 8 – point b (b)
Amendment 374 #
Proposal for a regulation Article 44 – paragraph 8 – subparagraph 1 (new) Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
Amendment 375 #
Proposal for a regulation Article 44 – paragraph 9 Amendment 376 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) monitoring of the use of geographical indications in the marketplace, with a particular view to combating unfair trading practices including online transactions.
Amendment 377 #
Proposal for a regulation Article 45 – paragraph 2 2. Competent authorities referred to in paragraph 1 shall be objective and impartial, and shall have at their disposal
Amendment 378 #
Proposal for a regulation Article 46 – paragraph 4 Amendment 379 #
Proposal for a regulation Article 46 – paragraph 6 6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs. Any charges by a Member State shall be reasonable, encourage competitiveness on the part of producers using the geographical indications and factor in the situation of micro, small and medium- sized enterprises.
Amendment 380 #
Proposal for a regulation Article 46 – paragraph 6 6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs, in particular for micro, small, medium-sized enterprises.
Amendment 381 #
Proposal for a regulation Article 47 Amendment 382 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall regularly carry out controls, based on a risk analysis and on notif
Amendment 383 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall 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
Amendment 384 #
Proposal for a regulation Article 48 – paragraph 5 5. Member States may collect fees or charges to cover the costs of official controls in the marketplace. Any fee or commission charged by a Member State shall be reasonable, encourage competitiveness on the part of producers using geographical indications and factor in the situation of micro, small and medium-sized enterprises.
Amendment 385 #
Proposal for a regulation Article 48 – paragraph 5 a (new) 5a. NEW PAR. 6 : As provided for in Article 47(c), the registered applicant producer groups referred to in Article 6 may issue notifications to the authorities designated pursuant to paragraph 1, enabling them to carry out the checks referred to in this title. In this case, at the request of the associations, the authorities are required to indicate the stage reached by the procedure initiated by the notification in question.
Amendment 386 #
Proposal for a regulation Article 48 – paragraph 5 a (new) 5a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
Amendment 387 #
Proposal for a regulation Article 49 Amendment 388 #
Proposal for a regulation Article 49 – paragraph 1 1. Without prejudice to Article 46, Member States
Amendment 389 #
Proposal for a regulation Article 49 – paragraph 2 2. Member States
Amendment 390 #
Proposal for a regulation Article 49 – paragraph 3 Amendment 391 #
Proposal for a regulation Article 49 – paragraph 3 3. Where self-declarations are used competent authorities shall carry out
Amendment 392 #
Proposal for a regulation Article 50 – paragraph 2 – point b – point iii (iii) is to be impartial, independent 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 its professional conduct as regards the performance of those official control tasks delegated to it; and
Amendment 393 #
Proposal for a regulation Article 50 – paragraph 2 – point c – point iii (iii) are to act impartially, independently and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and
Amendment 394 #
Proposal for a regulation Article 53 – paragraph 2 2. The Office shall make public the names and addresses of the competent authorities and product certification bodies referred to in Article 46(4) and update that information
Amendment 395 #
Proposal for a regulation Article 53 – paragraph 3 3. The Office
Amendment 396 #
Proposal for a regulation Article 60 – paragraph 1 – point 7 – point b Regulation (EU)2019/1753 Article 7 – paragraph 2 In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office
Amendment 397 #
Proposal for a regulation Article 64 – paragraph 1 The digital system referred to in Article 18(1) and the Union register of geographical indications for craft and industrial products referred to in Article 26 shall be developed, kept and maintained by the Office. The Office shall make that digital system easy accessible and design in such a way, that it can be used by the Member States for their national procedure according to Articles 11 (3 a new) and 18 (1).
Amendment 398 #
Proposal for a regulation Article 64 – paragraph 1 a (new) The Office shall ensure that digital systems are made 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 399 #
Proposal for a regulation Article 67 – paragraph 3 3. In accordance with the procedure laid down in Articles 17 to 2
Amendment 400 #
Proposal for a regulation Article 68 – paragraph 2 2.
source: 737.363
2022/11/11
JURI
607 amendments...
Amendment 100 #
Proposal for a regulation Article 15 – paragraph 4 4. A Member State that has
Amendment 101 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 102 #
Proposal for a regulation 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
Amendment 103 #
Proposal for a regulation Article 15 – paragraph 9 9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the applicant shall be informed and given a time limit within which to respond, after which the application shall be deemed not to be filed.
Amendment 104 #
Proposal for a regulation Article 16 – paragraph 2 2. The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted
Amendment 105 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. For geographical indications concerning products originating in a third country or countries
Amendment 106 #
Proposal for a regulation Article 18 – paragraph 1 1. A Union application for the registration of a geographical indication, including the direct registration referred to in Article 15, shall be submitted to the Office electronically, through a digital system by the competent authority of the Member State or where Article 15 applies, by the producer group concerned. The digital system shall have the capacity to allow the submission of applications to competent authorities of a Member State, and to be used by the Member State in its national procedure. The digital system shall be available in all official EU languages.
Amendment 107 #
Proposal for a regulation Article 19 – paragraph 3 3. The examination carried out pursuant to paragraph 1 shall not exceed a period of 6 months.
Amendment 108 #
Proposal for a regulation Article 19 – paragraph 4 4.
Amendment 109 #
Proposal for a regulation Article 19 – paragraph 4 – subparagraph 1 (new) The Office may seek supplementary information from the Member State concerned if a change in a production method, that does not call into question a product’s quality, authenticity, reputation or characteristics attributable to its geographical origin, is due to innovation, whether technological or process-related, as openness to innovation and experimenting are crafts people’s main drivers of digital and green transition. Such change should not alter the registration process nor lead to withdrawal or to a new application process.
Amendment 11 #
Proposal for a regulation Recital 5 (5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can maintain value added and contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including better employment opportunities for women and young people, that can hardly be outsourced, especially in rural and less- developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area. Such trend should directly contribute to the economic development of less developed regions by reviving local industry and promoting tourism and ultimately, decrease EU dependence from global markets and positively support the EU recovery from the current cost-of- living crisis produced by Russia's unprovoked and unjustified military aggression against Ukraine.
Amendment 110 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. The time limit referred to in Article 2 shall be extended for the requisite time to provide the necessary responses. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).
Amendment 111 #
Proposal for a regulation Article 20 – paragraph 1 1. Member States, or the competent authority within them, shall keep the Office informed of any national administrative and judicial proceedings that may affect the registration of a geographical indication.
Amendment 112 #
Proposal for a regulation Article 20 – paragraph 3 3. The exemption set out in paragraph 2 shall have effect until the Office is informed by the Member State or its competent authority that the original application has been restored or that the Member State withdraws its request for suspension.
Amendment 113 #
Proposal for a regulation Article 22 – paragraph 2 – point c Amendment 114 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 115 #
Proposal for a regulation Article 23 – paragraph 4 4. When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling and in the description of the product in the event it is offered for sale on an ecommerce website.
Amendment 116 #
Proposal for a regulation Article 26 – paragraph 4 4. Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party shall be entered in the Union register of geographical indications for craft and industrial products, which should be regularly updated. Geographical indications other than those protected in the Union pursuant to Article 7 Regulation EU 2019/5713 shall be registered by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 65(2).
Amendment 117 #
Proposal for a regulation Article 26 – paragraph 4 4. Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party shall be entered in the Union register of geographical indications for craft and industrial products ,which should be regularly updated. Geographical indications other than those protected in the Union pursuant to Article 7 Regulation EU 2019/5713 shall be registered by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 65(2).
Amendment 118 #
Proposal for a regulation 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 or rejection for 10 years thereafter.
Amendment 119 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to download free of charge 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 12 #
Proposal for a regulation Recital 5 (5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs, with decent work conditions, including in rural and less-developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area.
Amendment 120 #
Proposal for a regulation Article 28 – paragraph 3 – point a (a) the amendment includes a change in the name,
Amendment 121 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a) where compliance with the requirements for the product specification and proper methods of controls and checks of conformity with the product specification can no longer be ensured;
Amendment 122 #
Proposal for a regulation 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
Amendment 123 #
Proposal for a regulation Article 31 – paragraph 1 1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for a geographical indication, the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). It shall be possible for a producer group to claim a domain name corresponding to the name of a geographical indication. The Office shall provide applicants with support on the procedures for acquiring the rights to the domain name for their geographical indication.
Amendment 124 #
Proposal for a regulation Article 33 – paragraph 2 – point a a (new) (aa) assessment of the production conditions and the actual link between the product and its geographical origin
Amendment 125 #
Proposal for a regulation Article 33 – paragraph 2 – point d Amendment 126 #
Proposal for a regulation 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 alternates. The Board should also consider including hearings of recognized experts in the field of GIs on a case-by-case basis, and observers of representative business organizations.
Amendment 127 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 128 #
Proposal for a regulation Article 33 – paragraph 8 8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board, shall ensure that no members can find themselves in a conflict of interest, and shall be made public.
Amendment 129 #
Proposal for a regulation Article 33 – paragraph 9 9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.
Amendment 13 #
Proposal for a regulation Recital 7 (7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications, within the legal framework of the European internal market and complying with the international intellectual property legal framework, protecting the names of craft and industrial products, which take into account regional and local
Amendment 130 #
Proposal for a regulation Article 35 – paragraph 1 – point c (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or applications relating to the products, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 131 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product
Amendment 132 #
Proposal for a regulation Article 37 Amendment 133 #
Proposal for a regulation Article 39 Amendment 134 #
Proposal for a regulation Article 39 – paragraph 1 Amendment 135 #
Proposal for a regulation Article 40 – paragraph 2 – point c (c) agree sustainability undertakings, including decent work conditions, whether or not included in the product specification or as a separate initiative, including arrangements for verification of
Amendment 136 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point iii (iii) carrying out analyses into the economic performance, sustainability of production
Amendment 137 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point iii (iii) carrying out analyses into the economic and ecological performance, sustainability of production, and technical characteristics of the product designated by the geographical indication;
Amendment 138 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point v (v) providing advice and training to current and future producers, including on corporate social responsibility, respect for the environment, employees’ rights, and gender mainstreaming and equality; and
Amendment 139 #
Proposal for a regulation Article 40 – paragraph 2 – point e (e) combat counterfeiting and suspected fraudulent uses on the internal and external market of a geographical indication that is not in compliance with the product specification by monitoring the use of the geographical indication across the internal market and on third countries’ markets where the geographical indications are protected, including on the internet, and, as necessary, informing enforcement authorities using confidential systems available.
Amendment 14 #
Proposal for a regulation Recital 7 (7) Making geographically linked products is often based on local know-how and follows local production methods
Amendment 140 #
Proposal for a regulation Article 40 – paragraph 2 – point e a (new) Amendment 141 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 142 #
Proposal for a regulation 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
Amendment 143 #
Proposal for a regulation 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 m
Amendment 144 #
Draft legislative resolution Citation 6 a (new) — having regard to the Commission Proposal to Parliament and the Council COM(2022) 134 final/2 on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products,
Amendment 144 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ m
Amendment 145 #
Draft legislative resolution Citation 6 b (new) — having regard to the opinion of the European Economic and Social Committee INT/992,
Amendment 145 #
Proposal for a regulation Article 44 – paragraph 4 4. Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of manufactured products when the geographical indication refers
Amendment 146 #
Draft legislative resolution Citation 6 c (new) — having regard to the opinion of the European Committee of the Regions, ECON-VII/016, COR/2021-02689-00-00- AC-TRA (EN) 1/10,
Amendment 146 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 147 #
Proposal for a regulation Recital 2 a (new) (2a) In its Resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience [1], Parliament highlighted that recognition of GIs for non-agricultural products is relevant for the priorities of EU programmes currently in development, citing the fact that Parliament is supporting the Commission in its initiative to establish, based on a thorough impact assessment, an effective and transparent EU-level protection of geographical indications (GIs) for non- agricultural products, in order to align with, inter alia, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which the EU has signed and which includes the option to protect GIs for both agricultural and non-agricultural products
Amendment 147 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 148 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks
Amendment 148 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, m
Amendment 149 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. For most of these products, the link between quality and origin is provided by the tradition of production, so it is appropriate that this regulation can protect geographical names that coincide with the names of specific places or regions where the tradition of production in question is present in a known and established way. _________________ 6 Regulation (EU) 2019/787 of the
Amendment 149 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 15 #
Proposal for a regulation Recital 7 (7) Making geographically linked products is often based on local know- how and materials and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications, within the internal market and in the international intellectual property registries, protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.
Amendment 150 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. Geographical indications for craft and industrial products will materialise their full potential when considered as a tool for public policy and not solely an intellectual property tool. _________________ 6 Regulation (EU) 2019/787 of the
Amendment 150 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 151 #
Proposal for a regulation Recital 4 (4) Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes
Amendment 151 #
Proposal for a regulation Article 44 – paragraph 7 7. Where an application is rejected, any products labelled in accordance with paragraph 4 m
Amendment 152 #
Proposal for a regulation Recital 4 (4) Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products. That fragmentated and complex landscape of various protection regimes at Member States level may result in increased costs and legal uncertainty for producers and be a disincentive to investment in the traditional crafts in the
Amendment 152 #
Proposal for a regulation Article 44 – paragraph 8 – point b (b) armorial bearings, flags or text, graphics or symbols referring to the Member State or the region in which that geographical area of origin is located.
Amendment 153 #
Proposal for a regulation Recital 5 (5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to fight counterfeit articles, to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less-developed regions which would help counter depopulation trends. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions,
Amendment 153 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair trading practices, including electronic commerce.
Amendment 154 #
Proposal for a regulation Recital 5 (5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the fight against product counterfeiting, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less- developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area
Amendment 154 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) monitoring
Amendment 155 #
Proposal for a regulation Recital 7 (7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property
Amendment 155 #
Proposal for a regulation Article 45 – paragraph 1 – point b a (new) (b a) in case of any vulnerabilities identified whilst conducting verification and monitoring, these should be communicated to the Office as a matter of urgency.
Amendment 156 #
Proposal for a regulation Recital 7 (7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in traditions and the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions, the preservation of tradition and the promotion of cultural heritage. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient and fast procedures should be established for the registration of Union
Amendment 156 #
Proposal for a regulation Article 46 – paragraph 4 a (new) 4 a. The Commission shall be empowered to adopt delegated acts to ensure that the verification of compliance of products originating in a third country is equivalent to the verification of compliance of products originating in the EU.
Amendment 157 #
Proposal for a regulation Recital 8 (8) It is therefore necessary to firstly, ensure harmonised standards for protection, legal certainty, and fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard
Amendment 157 #
Proposal for a regulation Article 47 – paragraph 1 – point b (b) develop activities related to ensuring production systems and compliance of a product designated by a geographical indication with its product specification;
Amendment 158 #
Proposal for a regulation Recital 9 (9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their geographical origin, place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87
Amendment 158 #
Proposal for a regulation Article 48 – paragraph 1 1. Member States shall designate one or more enforcement authorities, which may be the same as the competent authorities referred to in Article 46(3) responsible for controls in the marketplace, including on websites and web applications, and enforcement of geographical indications after the craft and industrial product designated by a geographical indication has completed all production steps, whether it is in storage, transit, distribution, or offered for sale at wholesale or retail level, including in electronic commerce.
Amendment 159 #
Proposal for a regulation Recital 9 a (new) (9a) The competent authorities should take steps to ensure that a sign, symbol or other aspect of the labelling or method of presentation of a product that has a phonetic or visual similarity to a registered GI is not used illegally for commercial purposes to mislead consumers.
Amendment 159 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall carry out regular controls, based on a risk analysis
Amendment 16 #
Proposal for a regulation Recital 7 (7) Making geographically linked products is often based on local know-how and materials and follows local production methods that
Amendment 160 #
Proposal for a regulation Recital 13 (13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process.
Amendment 160 #
Proposal for a regulation Article 48 – paragraph 3 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed physically or on the internet in their territory and that contravenes the protection of geographical indications provided for in Articles 35 and 36.
Amendment 161 #
Proposal for a regulation Recital 13 (13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14, but at a lower amount for MSMEs so as not to lead to any discontinuation of the registration procedure. _________________ 14 Regulation (EU) No 182/2011 of the
Amendment 161 #
Proposal for a regulation Article 48 – paragraph 4 a (new) 4 a. In terms of enforcement of geographical indications rights protection in the marketplace and of combating counterfeiting more effectively, the relevant authorities shall respect the guidelines and good practices measures, procedures and remedies set out in Directive 2004/48/EC of the European Parliament and in full conformity with the Council and European Parliament Regulation No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.
Amendment 162 #
Proposal for a regulation Recital 13 a (new) (13a) Because micro, small and medium-sized enterprises have limited resources to deal with administrative tasks, the competent authorities should provide all necessary support tools, including financial support, to assist micro, small and medium-sized enterprises during the registration procedure.
Amendment 162 #
Proposal for a regulation Article 48 – paragraph 5 a (new) 5 a. As provided in Art. 47(c), applicant producer groups as referred to in Article 6, which have obtained registration, shall be entitled to make reports to the authorities specified under paragraph (1) so that they carry out controls provided for in this title. In this case, at the request of the producer group, the authorities are required to provide feedback on the development of the process that began with the report itself.
Amendment 163 #
Proposal for a regulation Recital 14 (14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade.
Amendment 163 #
Proposal for a regulation Article 49 – paragraph 3 3. Where self-declarations are used competent authorities shall carry out
Amendment 164 #
(14) To
Amendment 164 #
Proposal for a regulation Article 49 – paragraph 3 3. Where self-declarations are used competent authorities
Amendment 165 #
Proposal for a regulation Recital 14 (14) To qualify for protection in the Member States, geographical indications should be registered
Amendment 165 #
Proposal for a regulation Article 62 Amendment 166 #
Proposal for a regulation Recital 15 (15) The procedures for registration, amendments to the product specification and cancellation of the registration 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
Amendment 166 #
Proposal for a regulation Article 62 – paragraph 1 The Commission shall be empowered to adopt delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products,
Amendment 167 #
Proposal for a regulation Recital 15 (15) The procedures for examination, opposition, registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office, and the procedures should respond to the highest transparency requirements. 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 167 #
Proposal for a regulation Article 70 – paragraph 1 This Regulation shall enter into force
Amendment 168 #
Proposal for a regulation Recital 15 (15) The procedures for registration, amendments to the product specification
Amendment 169 #
Proposal for a regulation Recital 16 (16) In order to facilitate the management
Amendment 17 #
Proposal for a regulation Recital 7 a (new) (7 a) Tourism should be regarded as an enabler of awareness of geographical indications. Tourism is one of Europe’s main industrial ecosystems, with four closely linked key vectors, namely transport, accommodation, experience and intermediation, and the success of the industry lies in the degree of influence between these four vectors. Geographical indications could play a key role to achieve the Union’s sustainable tourism objectives because the awareness of their existence, and therefore of the producers belonging to them, could help diversify and complement locations and destinations. In this sense, local craft activities, agro-tourism, rural tourism and ecotourism are an integral part of geographical indications’ awareness. Finally, the improved cooperation and coordination between stakeholders, greater involvement of local authorities in tourism and market research, professional communication and marketing strategies are necessary to boost the social, economic and environmental performance of both sustainable tourism and geographical indications.
Amendment 170 #
Proposal for a regulation Recital 17 (17) It is possible for certain Member States to obtain a derogation from the Member States’ 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
Amendment 171 #
Proposal for a regulation Recital 17 (17) It is possible for certain Member States to obtain a derogation from the Member States’ 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, 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.
Amendment 172 #
Proposal for a regulation Recital 17 (17) It is possible for
Amendment 173 #
Proposal for a regulation Recital 18 Amendment 174 #
Proposal for a regulation Recital 18 Amendment 175 #
Proposal for a regulation Recital 19 (19) To ensure efficient and coherent decision-
Amendment 176 #
Proposal for a regulation Recital 21 Amendment 177 #
Proposal for a regulation 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
Amendment 178 #
Proposal for a regulation Recital 22 (22) To avoid fragmentation, and 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. 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.
Amendment 179 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can
Amendment 18 #
Proposal for a regulation Recital 8 (8)
Amendment 180 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 181 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the
Amendment 182 #
Proposal for a regulation Recital 26 (26)
Amendment 183 #
Proposal for a regulation 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
Amendment 184 #
Proposal for a regulation 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 and value chain knowledge and expertise concerning certain products and knowledge about the local circumstances that may
Amendment 185 #
Proposal for a regulation Recital 28 a (new) (28a) In order to strengthen geographical indication protection, to combat more effectively counterfeiting, and in the interests of transparency and consumer information, the protection of geographical indications should also apply to names on online sales websites.
Amendment 186 #
Proposal for a regulation 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 Amendment 188 #
Proposal for a regulation Recital 32 (32) Producer groups, constituted in accordance with the specific requirements of the national legislation of each Member State, play an essential role in the application process for the registration of geographical indications, as well as in the amendment of specifications and cancellation requests. They should be equipped with the necessary means to better identify and market the specific characteristics of their products. The role of the producer group should therefore be clarified
Amendment 189 #
Proposal for a regulation 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.
Amendment 19 #
Proposal for a regulation Recital 8 (8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal and external market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market and accordingly make use of special safeguards included in bilateral and multilateral trade agreements, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 190 #
Proposal for a regulation Recital 35 (35) In order to avoid creating unfair conditions for competition, any producer, including an interested third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document
Amendment 191 #
Proposal for a regulation Recital 35 (35) In order to avoid creating unfair conditions for competition, any producer
Amendment 192 #
Proposal for a regulation Recital 36 (36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is important t
Amendment 193 #
Proposal for a regulation Recital 36 (36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is important to raise awareness among consumers, producers, especially SMEs, MSMEs and public authorities at national, regional and local level about the initiative.
Amendment 194 #
Proposal for a regulation Recital 38 (38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks.
Amendment 195 #
Proposal for a regulation Recital 38 (38)
Amendment 196 #
Proposal for a regulation 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 197 #
Proposal for a regulation 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
Amendment 198 #
Proposal for a regulation 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
Amendment 199 #
Proposal for a regulation Recital 40 (40) The added value of geographical indications is based on consumer trust.
Amendment 20 #
Proposal for a regulation Recital 8 (8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market and in foreign markets; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural and artistic heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market and by the means of trade agreements negotiated by the EU with third countries, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 200 #
Proposal for a regulation Recital 41 (41) In order to guarantee consumers of the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system that verifies compliance with the product specification before the product is put on the market. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks
Amendment 201 #
Proposal for a regulation Recital 41 (41) In order to guarantee consumers of
Amendment 202 #
Proposal for a regulation Recital 42 (42) To guarantee compliance with the product specification after the product has been put on the market, competent authorities should perform official controls in the physical market and online sales websites, including marketplaces, on a risk analysis and with appropriate frequency considering the likelihood of non- compliances including fraudulent or deceptive practices.
Amendment 203 #
Proposal for a regulation Recital 43 (43) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that the producers of products designated by a geographical indication are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Therefore, apart from controls concerning the producers, Member States should also take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that contravene the protected geographical indications, where such products are produced, marketed or such services are marketed, in their territory or on the internet. For the purposes of enforcing geographical indications, measures, procedures and remedies set out in Directive 2004/48/EC17 of the European Parliament and of the Council are available as they are applicable to any infringement of intellectual property rights. _________________ 17 Directive 2004/48/EC of the European
Amendment 204 #
Proposal for a regulation Recital 44 Amendment 205 #
Proposal for a regulation Recital 45 Amendment 206 #
Proposal for a regulation Recital 45 (45) The self-declaration should provide competent authorities with all necessary information on the product and on its compliance with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self-declaration, and should be able to provide the necessary evidence to allow for the verification of that information, though without, through the information provided, affecting the provisions on the protection of know-how and trade secrets.
Amendment 207 #
Proposal for a regulation Recital 45 (45) The self-declaration should provide competent authorities with all necessary information
Amendment 208 #
Proposal for a regulation Recital 46 Amendment 209 #
Proposal for a regulation Recital 46 (46) Where a self-declaration certification procedure is in place, competent authorities should carry out
Amendment 21 #
Proposal for a regulation Recital 8 (8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural and artistic heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic
Amendment 210 #
Proposal for a regulation Recital 47 (47) In the event of non-compliance with the product specification, the competent authorities should take appropriate and reasonable measures to ensure that the producers concerned remedy the situation and to prevent further non-compliances. In addition, Member States should provide for a set of effective, proportionate and dissuasive penalties aimed at deterring possible fraudulent behaviour by producers.
Amendment 211 #
Proposal for a regulation Recital 53 (53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, cooperation and administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 212 #
(53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective and reasonable controls and its practicalities should be laid down.
Amendment 213 #
Proposal for a regulation Article 1 a (new) Article 1 a Objectives This regulation provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having quality, characteristics, attributes or reputation linked to their geographical origin, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products with heritage value and created through sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) simple and efficient registration of geographical indications, ensuring the appropriate protection of intellectual property rights; (e) effective enforcement and marketing throughout the Union and in electronic commerce, ensuring the integrity of the internal market; and, f) local economic development, which guarantees the protection of know-how and of a common heritage.
Amendment 214 #
Proposal for a regulation Article 1 a (new) Article 1 a Objectives This Title provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having characteristics, attributes or reputation linked to their place of production, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.
Amendment 215 #
Proposal for a regulation Article 1 a (new) Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 219 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 22 #
Proposal for a regulation Recital 8 (8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market, by means of trade agreements negociated by the Commission on behalf of the Union and, lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 220 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 221 #
Proposal for a regulation Article 3 – paragraph 1 – point a Amendment 222 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft and industrial products’ means products: (i) produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished product; or (ii) ‘produced in a standardised way, through the use of machines;
Amendment 223 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products produced either totally by hand or with the aid of manual tools or by mechanical means,
Amendment 224 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘
Amendment 225 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products
Amendment 226 #
Proposal for a regulation Article 3 – paragraph 1 – point a a (new) (aa) ‘non-agricultural products’ means products, whether or not semi-finished, or the provision of services, excluding agricultural products and the provision of commercial services, intermediation services in the movement of goods or services ancillary to those operations, public supply of food and beverages or in any case all products not listed in Annex I to the Treaty on the Functioning of the European Union and those listed in Annex I to Regulation (EU) No 1151/2012 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787 of the European Parliament and of the Council.
Amendment 227 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 228 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 229 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 23 #
Proposal for a regulation Recital 8 a (new) (8a) The competent authorities must ensure that the use of a sign, symbol or other form of product labelling or presentation bearing a phonetic or visual resemblance to the registered geographical indication is not unduly exploited for commercial purposes, thereby misleading the consumer.
Amendment 230 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors working with the same product
Amendment 231 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 232 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 233 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 234 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers
Amendment 235 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, processing or preparation, as illustrated in the product specification of the relevant geographical indication product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 236 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘
Amendment 237 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 238 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, processing or preparation, as laid down in the product specification for the GI product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 239 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage
Amendment 24 #
Proposal for a regulation Recital 9 (9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having processing methods characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization, in particular the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87
Amendment 240 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, manufacturing, processing and/or preparation, up to the point, where the product is in a form to be placed on the internal market;
Amendment 241 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations; this period is to beat least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 242 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘traditional’ and ‘tradition’, when associated with a product originating in a geographical area, means proven historical usage by producers
Amendment 243 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations;
Amendment 244 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means a
Amendment 245 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing and/or preparation activities, covered by the product specification;
Amendment 246 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) ‘producer’ means an operator engaged in
Amendment 247 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator
Amendment 248 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point i (i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed,
Amendment 249 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point i (i) the names of products which, although relating to the place, region or country where the product was originally produced, manufactured or marketed, have become the common name of a product in the Union, or
Amendment 25 #
Proposal for a regulation Recital 9 (9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their place of production or manufacturing),
Amendment 250 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point ii (ii) a common term descriptive of the type of product
Amendment 251 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a
Amendment 252 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a
Amendment 253 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a
Amendment 254 #
Proposal for a regulation Article 3 – paragraph 1 – point i a (new) (ia) "expert in the field" means a person with proven knowledge and experience in the sector who makes available his or her technical expertise in a specific subject matter.
Amendment 255 #
Proposal for a regulation Article 3 – paragraph 1 – point j Amendment 256 #
Proposal for a regulation Article 3 – paragraph 1 – point j (j) ‘self-declaration’ means a document with content established in a specific form (determined in advance and uniform) in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States
Amendment 257 #
Proposal for a regulation Article 3 – paragraph 1 – point j (j) (j) ‘self-declaration’ means a
Amendment 258 #
Proposal for a regulation Article 3 – paragraph 1 – point j (j) ‘self-declaration’ means a
Amendment 259 #
Proposal for a regulation Article 3 – paragraph 1 – point k a (new) (ka) new point l: ‘technical expert’ means a person who provides specific detailed knowledge and expertise for the performance of the activities of the Office’s Geographical Indications Division, as described in Section 2 of this Regulation.
Amendment 26 #
Proposal for a regulation Recital 9 (9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87
Amendment 260 #
Proposal for a regulation Article 4 – paragraph -1 (new) Amendment 261 #
Proposal for a regulation 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
Amendment 262 #
Proposal for a regulation 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
Amendment 263 #
Proposal for a regulation 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 264 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part For the name of a craft
Amendment 265 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) The product originates in a specific place, well defined region or country;
Amendment 266 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the
Amendment 267 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the qualifying production steps of the product takes place in the defined geographical area. The qualifying production step shall be understood, as per the product specification, as the step where the product is given the particular characteristics attributable to its geographical origin.
Amendment 268 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the production steps of the product, as specified in Article 2 (1) e), takes place in the defined geographical area
Amendment 269 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the
Amendment 27 #
Proposal for a regulation Recital 9 (9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having processing methods, characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the
Amendment 270 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c)
Amendment 271 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c)
Amendment 272 #
Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (ca) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.
Amendment 273 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration.
Amendment 274 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications shall
Amendment 275 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications
Amendment 276 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. Member States shall ensure that the administrative burdens associated with the procedures for registering Geographical Indications are kept to a minimum in order to facilitate the registration of the products referred to in Article 2(1);
Amendment 277 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 278 #
Proposal for a regulation Article 6 – paragraph 2 2. An authority designated by a Member State may be deemed to be an applicant producer group for the purposes of this Title
Amendment 279 #
Proposal for a regulation Article 6 – paragraph 2 2. An authority designated by a Member State, in particular a regional or local authority, may be deemed to be an applicant
Amendment 28 #
Proposal for a regulation Recital 13 (13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office, including lower fees for MSMEs to avoid putting them off the registration procedure, should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14. _________________ 14 Regulation (EU) No 182/2011 of the
Amendment 280 #
Proposal for a regulation Article 6 – paragraph 2 2. An authority designated by a Member State or a local authority may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.
Amendment 281 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. A single producer may be deemed to be an applicant producer group for the purposes of this Title
Amendment 282 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3.
Amendment 283 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. A single producer
Amendment 284 #
Proposal for a regulation Article 6 – paragraph 3 – point a Amendment 285 #
Proposal for a regulation Article 6 – paragraph 3 – point b Amendment 286 #
Proposal for a regulation Article 6 – paragraph 3 – point b (b) the geographical area concerned is
Amendment 287 #
Proposal for a regulation Article 6 – paragraph 3 – point b a (new) (ba) the use of the geographical indication shall be made available to any new producer(s) able to comply with the specifications;
Amendment 288 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. the use of the geographical indication shall be opened to any new producer(s) able to comply with the specifications;
Amendment 289 #
Proposal for a regulation Article 6 – paragraph 4 4. In the case of a geographical indication that designates a cross-border geographical area, producer groups from different Member States may lodge a joint application for the registration of a geographical indication from either
Amendment 29 #
Proposal for a regulation Recital 13 a (new) (13a) Given the limited resources available to micro, small and medium- sized enterprises for administrative tasks, the authorities should provide them with all necessary support and financial assistance during the registration process.
Amendment 290 #
Proposal for a regulation 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 291 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 292 #
Proposal for a regulation 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 293 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 294 #
Proposal for a regulation 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
Amendment 295 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
Amendment 296 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the name to be protected as geographical indication which may be
Amendment 297 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) the type of product(s) covered by the name;
Amendment 298 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) the type of product(s) covered by the name;
Amendment 299 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) evidence that the product originates in the defined geographical area specified in Article 5
Amendment 30 #
Proposal for a regulation Recital 14 (14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally
Amendment 300 #
Proposal for a regulation Article 7 – paragraph 1 – point h a (new) (ha) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 301 #
Proposal for a regulation Article 7 – paragraph 1 – point h a (new) (ha) the competent product inspection authority;
Amendment 302 #
Proposal for a regulation Article 7 – paragraph 1 – point i – point i (new) (i) the name and contact details of the competent authority or product certification body verifying compliance with the provisions of the product specification;
Amendment 303 #
Proposal for a regulation Article 7 – paragraph 1 – point i a (new) (ia) the name and contact details of the competent authority and/or product certification body responsible for verifying the compliance with the provisions of the product specification.
Amendment 304 #
Proposal for a regulation Article 7 – paragraph 1 – point i a (new) Amendment 305 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The elements contained in the product specification shall, in any case, be objective, reasonable and non- discriminatory.
Amendment 306 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. The single document, as set out in Annex 2, shall comprise:
Amendment 307 #
Proposal for a regulation Article 8 – paragraph 1 – point a – introductory part (a)
Amendment 308 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i (i) the name to be protected as a geographical indication;
Amendment 309 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i – point a (new) (a) the type of product (craft or industrial);
Amendment 31 #
Proposal for a regulation Recital 14 (14) To
Amendment 310 #
(ia) the type of product;
Amendment 311 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) the type of product;
Amendment 312 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) the product type;
Amendment 313 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii (ii) a description of the product, including, where appropriate,
Amendment 314 #
Proposal for a regulation 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 steps of the production process;
Amendment 315 #
Proposal for a regulation 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 316 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii (ii) a description of the product, including, where appropriate, specific rules concerning composition, packaging and labelling
Amendment 317 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii a (new) (iia) a description of the method of producing or obtaining the product and, where appropriate, the traditional methods and specific practices used;
Amendment 318 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point iii a (new) (iiia) main steps of production;
Amendment 319 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the single document shall be prepared, upon their request, by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross- border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.
Amendment 32 #
Proposal for a regulation Recital 14 a (new) (14 a) The Commission should ensure that producers share good practices and methods to implement this sustainability strategy. Sustainability from European producers should be duly reciprocated with sustainability from producers from third countries. Economic agreements where European geographical indications are incorporated should inform the commitment to sustainability of European producers and seek for reciprocity from international partners.
Amendment 320 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. Where the applicant is a SME or a producer group consisting only of SMEs, the single document shall be prepared by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross-border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.
Amendment 321 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the competent authorities at national level shall assist with the preparation of the single document, on the basis of the information provided in the product specification.
Amendment 322 #
Proposal for a regulation Article 9 – paragraph 1 – point c Amendment 323 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 324 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 325 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 326 #
Proposal for a regulation 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
Amendment 327 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee for the administrative costs of filing applications , the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.
Amendment 328 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises (MSMEs). The amount of the fee shall be lower for MSMEs so that no registration procedure is discontinued due to its cost.
Amendment 329 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee, the level of the fees shall not exceed the administrative costs incurred for the registration, and be reasonable, foster the competitiveness of the producers of the geographical indications and shall
Amendment 33 #
Proposal for a regulation Recital 17 (17) It is possible for certain Member States to obtain a derogation from the Member States’ 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
Amendment 330 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee, the level of the fees shall
Amendment 331 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 332 #
Proposal for a regulation Article 10 – paragraph 4 4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). These fees should be of a lower amount for MSMEs, so as not to cause any discontinuation of the registration procedure.
Amendment 333 #
Proposal for a regulation Article 10 – paragraph 4 4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). None of those fees shall exceed the costs incurred for the provision of the services in exchange of which they are paid.
Amendment 334 #
Proposal for a regulation Article 10 – paragraph 5 Amendment 335 #
Proposal for a regulation Article 11 – paragraph 1 1. Without prejudice to paragraph 4 of this Article and Article 15, each Member State shall maintain or designate a competent authority for the management of the national phase of the registration and other procedures related to the registration for geographical indications for craft and industrial products.
Amendment 336 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check within six months of the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed six months, the competent authority shall inform the applicant of the reasons for the delay in writing. The total examination period shall not exceed one year.
Amendment 337 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application
Amendment 338 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information and proofs for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
Amendment 339 #
Proposal for a regulation Article 13 – paragraph 2 2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
Amendment 34 #
Proposal for a regulation Recital 18 Amendment 340 #
Proposal for a regulation Article 14 – paragraph 1 1. If the competent authority, after the examination of the application and the assessment of the results of any oppositions received, and any changes to the application agreed with the applicant, finds that the requirements of this Regulation are met, it shall take a favourable decision by a deadline to be determined by national legislation and lodge a Union application for registration in accordance with Article 17.
Amendment 341 #
Proposal for a regulation Article 14 – paragraph 2 2. The competent authority shall ensure that its decision is made public and that any person having a legitimate interest has an opportunity to lodge an appeal. The competent authority shall ensure that the product specification on which its favourable decision is based is published, and shall provide access, including electronic
Amendment 342 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1.
Amendment 343 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. By way of derogation from Article 11,
Amendment 344 #
Proposal for a regulation Article 15 – paragraph 1 – point a Amendment 345 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 346 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 347 #
Proposal for a regulation Article 15 – paragraph 2 2. The Commission may request further information from the Member State
Amendment 348 #
Proposal for a regulation Article 15 – paragraph 3 3. When a Member State makes use of the derogation in accordance with paragraph 1, the concerned application
Amendment 349 #
Proposal for a regulation Article 15 – paragraph 3 3. When a Member State makes use of the d
Amendment 35 #
Proposal for a regulation 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 accessible to the public. 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
Amendment 350 #
4. A Member State that
Amendment 351 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 352 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 353 #
Proposal for a regulation 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 354 #
Proposal for a regulation 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. The applicant shall be informed by the contact point of the response communicated to the Office.
Amendment 355 #
Proposal for a regulation Article 15 – paragraph 9 Amendment 356 #
Proposal for a regulation Article 15 – paragraph 9 9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the applicant shall be informed and shall have a period of time in which to respond, at the end of which the application shall be deemed not to be filed.
Amendment 357 #
Proposal for a regulation Article 16 – paragraph 2 2. The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted
Amendment 358 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. For geographical indications concerning products originating in the Union, the Union application for
Amendment 359 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 36 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should make every effort to extend, update and improve protection of geographical indications pertaining to craft and industrial products with trade partners which are not signatories to the Geneva Act of the Lisbon Agreement by means of bilateral and multilateral agreements, to create symmetry in trade relations and ensure that EU craft and industrial products are reciprocally protected by our trade partners. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 360 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. For geographical indications concerning products originating in a third country or countries
Amendment 361 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. For geographical indications concerning products originating in a third country or countries the application for registration is submitted to the Office, such application for registration shall comprise the following documents in an official language of the EU or translated into one of the official languages of the EU:
Amendment 362 #
Proposal for a regulation Article 17 – paragraph 4 4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned
Amendment 363 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or
Amendment 364 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include
Amendment 365 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 366 #
Proposal for a regulation Article 18 – paragraph 1 1. A Union application for the registration of a geographical indication, including the direct registration referred to in Article 15, shall be submitted to the Office electronically, through a digital system by the competent authority of the Member State or where Article 15 applies, by the producer group concerned. The digital system shall have the capacity to allow the submission of applications to competent authorities of a Member State, and to be used by the Member State in its
Amendment 367 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 368 #
Proposal for a regulation Article 18 – paragraph 3 3. Upon submission, the Office shall publish the Union application in the Union register of geographical indications for
Amendment 369 #
Proposal for a regulation Article 19 – paragraph 3 3. The examination carried out pursuant to paragraph 1 shall not exceed a period of 6 months.
Amendment 37 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products. When a new international trade agreement is signed by the Commission, producer groups should be duly notified by the closest administration. In case a geographical indication has not been included, the Commission, together with the national, regional or local administration, should establish mechanisms to secure the intellectual property of that geographical indication or producer group in the partner country.
Amendment 370 #
Proposal for a regulation Article 19 – paragraph 4 4. The Office may seek supplementary information from the Member State concerned.
Amendment 371 #
Proposal for a regulation Article 19 – paragraph 4 4.
Amendment 372 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State
Amendment 373 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant
Amendment 374 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination
Amendment 375 #
Proposal for a regulation Article 19 – paragraph 6 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be
Amendment 376 #
Proposal for a regulation Article 19 – paragraph 7 7. Where, based on the examination carried out pursuant to paragraph 1, the Office considers that the conditions laid down in this Regulation are fulfilled, within 7 calendar days, it shall publish for the purposes of opposition in the Union register of geographical indications for craft and industrial products the single document and the reference to the product specification on the webpage of the Member State concerned. The single document shall be published in the official languages of the Union.
Amendment 377 #
Proposal for a regulation Article 20 – paragraph 1 1. Member States, or their competent authority, shall keep the Office informed of any national administrative and judicial proceedings that may affect the registration of a geographical indication.
Amendment 378 #
Proposal for a regulation Article 20 – paragraph 2 – introductory part 2. The Office shall be exempted from the obligation to meet the deadline to perform the examination laid down in Article 19(2)
Amendment 379 #
Proposal for a regulation Article 20 – paragraph 2 – introductory part 2. The Office shall be exempted from the obligation to meet the deadline to perform the examination laid down in Article 19(
Amendment 38 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should make every effort to extend protection of geographical indications pertaining to craft and industrial products with trade partners which are not party to the Geneva Act of the Lisbon Agreement by agreements with third countries. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 380 #
Proposal for a regulation Article 20 – paragraph 3 3. The exemption set out in paragraph 2 shall have effect until the Office is informed by the Member State, or its competent authority, that the original application has been restored or that the Member State withdraws its request for suspension.
Amendment 381 #
Proposal for a regulation Article 21 – title 21
Amendment 383 #
Proposal for a regulation Article 21 – paragraph 1 1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition
Amendment 384 #
Proposal for a regulation Article 21 – paragraph 1 1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition
Amendment 385 #
Proposal for a regulation Article 21 – paragraph 1 1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition
Amendment 386 #
Proposal for a regulation Article 21 – paragraph 2 2. An opponent may be the competent authorities of a Member State, or of a third country concerned pursuant to Article 17(4), or a natural or legal person having legitimate interest and established or resident in a third country concerned pursuant to Article 17(4) or in another Member State that does not qualify as a national opponent pursuant to Article 13(1).
Amendment 387 #
Proposal for a regulation Article 21 – paragraph 3 3. The Office shall check the admissibility of the opposition, taking into account the grounds of opposition under Article 22. If the Office considers that the opposition is admissible, it shall, within 60 days after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office may offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 388 #
Proposal for a regulation Article 21 – paragraph 3 3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within
Amendment 389 #
Proposal for a regulation Article 21 – paragraph 3 3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within
Amendment 39 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should to extend protection of geographical indications pertaining to craft and industrial products with trade partners which are not party to the Geneva Act of the Lisbon Agreement by agreements with third countries. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 390 #
Proposal for a regulation Article 21 – paragraph 4 4. The applicant and the Union opponent shall provide each other during the consultation with the relevant information to assess whether the application for registration complies with the conditions set out in this Regulation.
Amendment 391 #
Proposal for a regulation Article 21 – paragraph 6 6. Within 1 month from the end of the consultations referred to in paragraph 2, the applicant established in the third country or the competent authority of the Member State or of the third country
Amendment 392 #
Proposal for a regulation Article 21 – paragraph 7 7. Where, following the end of the consultations, the data published in accordance with Article 19(
Amendment 393 #
Proposal for a regulation Article 21 – paragraph 8 Amendment 394 #
Proposal for a regulation Article 21 – paragraph 8 Amendment 395 #
Proposal for a regulation Article 21 – paragraph 9 Amendment 396 #
Proposal for a regulation Article 21 – paragraph 9 Amendment 397 #
Proposal for a regulation Article 21 – paragraph 10 Amendment 398 #
Proposal for a regulation Article 21 – paragraph 10 10. In order to facilitate
Amendment 399 #
Proposal for a regulation 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 40 #
Proposal for a regulation Recital 23 (23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union
Amendment 400 #
Proposal for a regulation 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 401 #
Proposal for a regulation Article 22 – paragraph 2 – point b (b) the registration of the proposed geographical indication would be contrary to Articles 35, 37, 38 or 39;
Amendment 402 #
Proposal for a regulation Article 22 – paragraph 2 – point c Amendment 403 #
Proposal for a regulation Article 22 – paragraph 2 – point c (c) the registration of the proposed geographical indication would
Amendment 404 #
Proposal for a regulation Article 22 a (new) Article 22 a Notice of comment procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the Office within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 22. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Office shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
Amendment 405 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 406 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 407 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 408 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 409 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The Office may decide to extend the transitional period granted under paragraph 1 up to 1
Amendment 41 #
Proposal for a regulation Recital 23 a (new) (23a) The EU should also extend promotion campaigns and financial assistance to EU craft and industrial products designated with recognised geographical indications. These campaigns are designed to create new external market opportunities and, in particular, facilitate the internationalisation of micro, small and medium-sized enterprises.
Amendment 410 #
Proposal for a regulation Article 23 – paragraph 4 4. When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling and on the production description when it is marketed on an online sales website.
Amendment 411 #
Proposal for a regulation Article 23 – paragraph 4 4. When using a designation referred to in paragraph 1, for the purpose of transitional period, the indication of the country of origin shall clearly and visibly appear on the labelling.
Amendment 412 #
Proposal for a regulation 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
Amendment 413 #
Proposal for a regulation 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
Amendment 414 #
Proposal for a regulation 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
Amendment 415 #
Proposal for a regulation Article 23 – paragraph 6 6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area
Amendment 416 #
Proposal for a regulation Article 24 – paragraph 1 1. After completion of the opposition
Amendment 417 #
Proposal for a regulation Article 24 – paragraph 2 2. Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in that Article is not fulfilled, it shall adopt a decision rejecting the application for registration. Within 7 calendar days, the Office shall publish the rejection of the application in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 418 #
Proposal for a regulation Article 24 – paragraph 7 7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product,
Amendment 419 #
Proposal for a regulation Article 24 – paragraph 7 7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product,
Amendment 42 #
Proposal for a regulation Recital 24 (24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Where applicable, regional or local administrations should be able to provide administrative assistance to producers. At the same time, regional or local entities should encourage and incentivise producers to join other stakeholders managing geographical indications.
Amendment 420 #
Proposal for a regulation Article 24 – paragraph 7 7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product,
Amendment 421 #
Proposal for a regulation Article 25 Amendment 422 #
Proposal for a regulation Article 25 – paragraph 1 1. Concerning applications for registration referred to in Articles 15 and 17, the Commission
Amendment 423 #
Proposal for a regulation Article 25 – paragraph 3 3. The Office shall ensure that the Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1)
Amendment 424 #
Proposal for a regulation Article 26 – paragraph 1 1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products. Such electronic Union register will comply with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 425 #
Proposal for a regulation Article 26 – paragraph 1 1. A
Amendment 426 #
Proposal for a regulation Article 26 – paragraph 3 – point b (b) the
Amendment 427 #
Proposal for a regulation Article 26 – paragraph 3 – point b (b) the
Amendment 428 #
Proposal for a regulation Article 26 – paragraph 3 – point b (b) the
Amendment 429 #
Proposal for a regulation Article 26 – paragraph 3 – point b (b) the
Amendment 43 #
Proposal for a regulation Recital 24 (24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Access to the relevant information should be reliable, free of charge and equally granted to all stakeholders interested.
Amendment 430 #
Proposal for a regulation Article 26 – paragraph 3 – point b a (new) (b a) the contact details of the holders of the registered geographical indication;
Amendment 431 #
Proposal for a regulation Article 26 – paragraph 3 – point c (c) the reference to the legal instrument registering the name;
Amendment 432 #
Proposal for a regulation Article 26 – paragraph 4 Amendment 433 #
Proposal for a regulation 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 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
Amendment 435 #
Proposal for a regulation 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 or rejection of the application for registration, for 10 years thereafter.
Amendment 436 #
Proposal for a regulation 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,
Amendment 437 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to download 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. Reasons leading to the rejection of an application shall be made accessible as well.
Amendment 438 #
Proposal for a regulation 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 439 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to easily download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration or rejection of the geographical indication, and other 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 44 #
Proposal for a regulation Recital 26 (26) To tackle the online sale of counterfeits and protect rights-holders and consumers, the Office should establish an information and alert system against the abusive use of craft and industrial geographical indications in the domain name system. This system should inform applicants, on the one hand, about the availability of the geographical indication as a domain name and, on the other hand, provide them with information once a domain name that is conflicting with their geographical indication is registered. Receiving such alerts would allow producers to take appropriate action more quickly and effectively. Registries of country-code top-level domain names, established in the Union, should provide the Office with all the information and data in their possession necessary to run the system as a task carried out in public interest, namely information on the availability of the geographical indication as a domain name and, as far as the alerts are concerned, the particulars of conflicting domain names, the dates of its application and registration. The information and data should be provided in a machine readable format. Making the information and data
Amendment 440 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to download free of charge 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 441 #
Proposal for a regulation Article 27 – paragraph 2 2. The applicant producer group or where Article 6(2)or 6(3) applies, the authority designated by a Member State or a local authority or the single producer shall be identified as the holder of the registration
Amendment 442 #
Proposal for a regulation Article 27 – paragraph 2 2. The applicant producer group or where Article 6(2) or 6(3) applies, the authority designated by a Member State or the single producer shall be identified as the holder of the registration
Amendment 443 #
Proposal for a regulation Article 28 – paragraph 1 1. A producer group, a producer or an authority designated by a Member State having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 444 #
Proposal for a regulation Article 28 – paragraph 1 1. A producer group, a single producer or a competent authority having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 445 #
Proposal for a regulation Article 28 – paragraph 1 1. A producer group or a natural or legal person having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 446 #
Proposal for a regulation Article 28 – paragraph 4 4. Union amendments shall be approved by the Office
Amendment 447 #
Proposal for a regulation Article 28 – paragraph 5 a (new) 5 a. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary measures by the public authorities, or a natural disaster or a geopolitical event the consequences of such are formally recognised by the competent authorities.
Amendment 448 #
Proposal for a regulation Article 28 – paragraph 6 6. Applications for amendments referred to in paragraph 2 submitted by a third country concerned pursuant to Article 17(4) or by producers established in a third country concerned pursuant to Article 17(4), shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country and in the Member State with which the cross-border geographical area of origin of the product is shared.
Amendment 449 #
Proposal for a regulation Article 28 – paragraph 8 8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make the those amendments public in the Union register of geographical indications for craft and industrial products, within 7 calendar days after their approval.
Amendment 45 #
Proposal for a regulation Recital 28 (28) Protection should be granted to names included in the Union register of geographical indications for craft and industrial products to ensure that they are used fairly and in order to prevent practices liable to mislead consumers. In order to strengthen geographical indication protection and to combat more effectively counterfeiting, both in online and offline environments, the protection of geographical indications should also apply to domain names on the internet, thus the establishment of an information and alert system at the EUIPO on the availability of GIs as domain name and on potential infringing domain registrations, requiring EU ccTLD registries to provide EUIPO with relevant information and data, is essential1a. Concerning the protection of geographical indications, it is also important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights, and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade including Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC15
Amendment 450 #
Proposal for a regulation Article 28 – paragraph 8 8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office.
Amendment 451 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. The Office may, own its own initiative or on a duly substantiated request by a Member State, a third country concerned pursuant to Article 17(4) or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 452 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. The Office may, o
Amendment 453 #
Proposal for a regulation 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
Amendment 454 #
Proposal for a regulation 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
Amendment 455 #
Proposal for a regulation Article 29 – paragraph 2 2. The Office may, at the request of an authority designated by a Member State, the producer group or producer of the product marketed under the registered name, decide to cancel the corresponding registration.
Amendment 456 #
Proposal for a regulation Article 29 – paragraph 3 3. Article 6 and Articles 19 to 2
Amendment 457 #
Proposal for a regulation Article 29 – paragraph 4 4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the interested third country or, where possible, the
Amendment 458 #
Proposal for a regulation Article 29 – paragraph 5 5. The Commission may adopt implementing acts laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraphs 1 and 2 and the observations referred to in paragraph 4 of this Article. Those implementing acts shall be adopted in
Amendment 459 #
Proposal for a regulation Article 30 – paragraph 1 1. Any party to a procedure regulated in this Regulation that is adversely affected by the decision taken by the
Amendment 46 #
Proposal for a regulation Recital 28 a (new) (28a) To better protect geographical indications, tackle counterfeiting more effectively and in the interests of transparency and providing consumers with comprehensive information, the protection of geographical indications should also apply to names on online shops.
Amendment 460 #
Proposal for a regulation 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.
Amendment 461 #
Proposal for a regulation Article 30 – paragraph 5 5. Following an examination of admissibility of the appeal, the Boards of Appeal shall
Amendment 462 #
Proposal for a regulation Article 30 – paragraph 6 6. Actions may be brought before the General Court against decisions of the
Amendment 463 #
Proposal for a regulation Article 30 – paragraph 7 7. The decisions of the
Amendment 464 #
Proposal for a regulation Article 31 – paragraph 1 1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for a geographical indication, the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). It shall be possible for a producer group to claim a domain name corresponding to the name of a geographical indication. The Office shall provide applicants with support in connection with the procedures enabling them to obtain the rights to the domain name for their geographical indication.
Amendment 465 #
Proposal for a regulation Article 31 – paragraph 1 1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon
Amendment 466 #
Proposal for a regulation Article 32 – paragraph 1 – introductory part 1. A Geographical Indications Division, as a department of the Office, shall be responsible for
Amendment 467 #
Proposal for a regulation Article 32 – paragraph 2 2. Opposition and cancellation decision proposals shall be taken by a panel of at least three members. At least one member shall be legally qualified
Amendment 468 #
Proposal for a regulation Article 32 – paragraph 2 2. Opposition and cancellation decisions shall be taken by a panel of three members. At least one member shall be legally qualified
Amendment 469 #
Proposal for a regulation Article 32 – paragraph 2 2. Opposition and cancellation decisions shall be
Amendment 47 #
Proposal for a regulation Recital 32 (32) Producer groups play an essential role in the application process for the registration of geographical indications, as well as in the amendment of specifications and cancellation requests. They should be equipped with the necessary means to better identify and market the specific characteristics of their products. The role of the producer group should therefore be clarified. This clarification should include the right to: participate in consultative bodies, exchanging information with public authorities on geographical indication policy-related topics, making recommendations to improve the development of geographical indication policies in particular with regard to sustainability, the fight against fraud and counterfeiting and the right to participate in consultations with the Commission in the run-up to trade negotiations concerning geographical indications of craft and industrial products with third countries.
Amendment 470 #
Proposal for a regulation Article 33 – paragraph 2 – point c a (new) (c a) the assessment of the link between the product and its geographical origin;
Amendment 471 #
Proposal for a regulation Article 33 – paragraph 2 – point d Amendment 472 #
Proposal for a regulation Article 33 – paragraph 2 – point d a (new) (d a) the assessment of the link between the product and the geographical indication territory;
Amendment 473 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of at least one representative of each Member State and one representatives of the Commission and their respective alternates. If deemed necessary, recognized expert in the field of geographical indications or of the concerned product, including representatives of regions shall be invited to join the Board on ad hoc basis.
Amendment 474 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 475 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 476 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State, domain experts and one representative
Amendment 477 #
Proposal for a regulation Article 33 – paragraph 8 8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board, shall ensure that no member can find himself or herself in a conflict of interest, and shall be made public.
Amendment 478 #
9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renew
Amendment 479 #
Proposal for a regulation Article 33 – paragraph 9 9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.
Amendment 48 #
Proposal for a regulation 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 indication 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 demain names with non-EU country codes, or with EU country coudes concerning geographical indications originating in third countries, 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 480 #
Proposal for a regulation Article 34 – paragraph 1 In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the Boards of Appeal instituted by that Regulation shall be responsible for
Amendment 481 #
Proposal for a regulation Article 35 – paragraph 1 – introductory part 1. Geographical indications entered in the Union register of geographical indications for craft and industrial products, including where those products are parts or components in manufactured products, as well as geographical indications protected by international agreements in the Union, shall be protected against:
Amendment 482 #
Proposal for a regulation Article 35 – paragraph 1 – introductory part 1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
Amendment 483 #
Proposal for a regulation Article 35 – paragraph 1 – point a (a) any direct or indirect commercial
Amendment 484 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) any misuse, counterfeiting, imitation or 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, even if these products are parts or components of manufactured products;
Amendment 485 #
Proposal for a regulation Article 35 – 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
Amendment 486 #
Proposal for a regulation Article 35 – 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 geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, 'fragrance', ‘like’ or similar;
Amendment 487 #
Proposal for a regulation 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 488 #
Proposal for a regulation Article 35 – paragraph 1 – point c (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or applications relating to the products, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 489 #
Proposal for a regulation Article 35 – paragraph 1 – point c (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites relating to the products or on domain names, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 49 #
Proposal for a regulation Recital 35 (35) In order to avoid creating unfair
Amendment 490 #
Proposal for a regulation Article 35 – paragraph 1 a (new) 1 a. The Provisions of paragraph (1) shall also apply where the protected products are parts or components of manufactured products.
Amendment 491 #
Proposal for a regulation Article 35 – paragraph 2 2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a
Amendment 492 #
Proposal for a regulation 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 493 #
Proposal for a regulation Article 35 – paragraph 5 5. The producer group, the geographical indication holder or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
Amendment 494 #
Proposal for a regulation Article 35 – paragraph 5 5. The producer group, the holder of the registration, or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into
Amendment 495 #
Proposal for a regulation Article 35 – paragraph 5 5. The producer group or
Amendment 496 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use
Amendment 497 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a protected geographical indication
Amendment 498 #
Proposal for a regulation Article 37 Amendment 499 #
Proposal for a regulation Article 37 Amendment 50 #
Proposal for a regulation Recital 35 (35) In order to avoid creating unfair conditions for competition, any producer
Amendment 500 #
Proposal for a regulation Article 37 – paragraph 1 1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
Amendment 501 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 502 #
Proposal for a regulation Article 39 Amendment 503 #
Proposal for a regulation Article 39 Amendment 504 #
Proposal for a regulation Article 39 Amendment 505 #
Proposal for a regulation Article 39 Amendment 507 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States or the Office, when Article 15 applies, shall 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 508 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States and, where applicable, the Office shall 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 509 #
Proposal for a regulation 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 51 #
Proposal for a regulation Recital 37 (37) The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. National, regional or local administrations should assist producer groups to raise awareness about their geographical indications, as well as through the tourist offices for visitors to know the geographical indications of the region they are visiting.
Amendment 510 #
Proposal for a regulation Article 40 – paragraph 2 – point a (a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 511 #
Proposal for a regulation Article 40 – paragraph 2 – point b (b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
Amendment 512 #
Proposal for a regulation Article 40 – paragraph 2 – point c (c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative,
Amendment 513 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point iii (iii) carrying out analyses into the economic and ecological performance, sustainability of production, and technical characteristics of the product designated by the geographical indication;
Amendment 514 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point v (v) providing advice and training to current and future producers, including on corporate social responsibility, respect for the environment, employees’ rights, and gender mainstreaming and equality; and
Amendment 515 #
(v) providing advice and training to current and future producers
Amendment 516 #
Proposal for a regulation 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
Amendment 517 #
Proposal for a regulation Article 42 – paragraph 2 2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
Amendment 518 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 519 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 52 #
Proposal for a regulation Recital 38 (38) The
Amendment 520 #
Proposal for a regulation Article 42 – paragraph 4 4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for
Amendment 521 #
Proposal for a regulation Article 43 – paragraph 1 1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document
Amendment 522 #
Proposal for a regulation Article 43 – paragraph 1 1. A registered geographical indication may be used by any producer, geographical indication holder or operator marketing a product conforming to the corresponding product specification
Amendment 523 #
Proposal for a regulation 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
Amendment 524 #
Proposal for a regulation 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
Amendment 525 #
Proposal for a regulation 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
Amendment 526 #
Proposal for a regulation 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
Amendment 527 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected
Amendment 528 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’
Amendment 529 #
Proposal for a regulation Article 44 – paragraph 4 4. Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of manufactured products when the geographical indication refers
Amendment 53 #
Proposal for a regulation Recital 38 (38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication is
Amendment 530 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 531 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 532 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 533 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant,
Amendment 534 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration
Amendment 535 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 536 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 537 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 538 #
Proposal for a regulation Article 44 – paragraph 8 – introductory part 8.
Amendment 539 #
Proposal for a regulation Article 44 – paragraph 8 – point a (a) depictions of the geographical area of origin, as referred to in the product specification;
Amendment 54 #
Proposal for a regulation 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. The controls and checks should not only relate to the end product but also associate with the entire process of product development, including the inputs used and the working methods. A summary of the controls and checks undertaken should be made publicly available, as only transparent and traceable data and honest practices would contribute to the preservation of consumer trust, especially in the aftermath of the COVID-19 crisis which significantly enhanced the consumer demand for locally made craft and industrial products, but also increased the awareness with respect to their quality.
Amendment 540 #
Proposal for a regulation Article 44 – paragraph 8 – point b (b)
Amendment 541 #
Proposal for a regulation Article 44 – paragraph 8 – subparagraph 1 (new) Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
Amendment 542 #
Proposal for a regulation Article 44 – paragraph 9 Amendment 543 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair commercial practices, including electronic commerce.
Amendment 544 #
Proposal for a regulation Article 45 – paragraph 1 – point b (b) monitoring
Amendment 545 #
Proposal for a regulation Article 45 – paragraph 2 2. Competent authorities referred to in paragraph 1 shall be transparent, objective and impartial, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 546 #
Proposal for a regulation Article 46 – paragraph 4 Amendment 547 #
Proposal for a regulation 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 548 #
Proposal for a regulation Article 46 – paragraph 6 6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs. Any charges by a Member State shall be reasonable, encourage competitiveness on the part of producers using the geographical indications and factor in the situation of micro, small and medium- sized enterprises.
Amendment 549 #
Proposal for a regulation Article 46 – paragraph 6 6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States
Amendment 55 #
Proposal for a regulation 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, for both products originating in the EU and in third countries, is accompanied by effective verification and controls, including the producer’s due diligence.
Amendment 550 #
Proposal for a regulation Article 46 – paragraph 6 a (new) 6 a. Member States shall draw up and keep up to date a list of producers of products designated by a geographical indication entered in the Union register originating in their territory.
Amendment 551 #
Proposal for a regulation Article 48 – paragraph 1 1. Member States shall designate one or more enforcement authorities, which may be the same as the competent authorities referred to in Article 46(3) responsible for controls in the marketplace, including on websites and web applications, and enforcement of geographical indications after the craft and industrial product designated by a geographical indication has completed all production steps, whether it is in storage, transit, distribution, or offered for sale at wholesale or retail level, including in electronic commerce.
Amendment 552 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall carry out regular 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 553 #
Proposal for a regulation 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 554 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall 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
Amendment 555 #
Proposal for a regulation Article 48 – paragraph 3 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed physically or via the internet in their territory and that contravenes the protection of geographical indications provided for in Articles 35 and 36.
Amendment 556 #
Proposal for a regulation Article 48 – paragraph 5 5. Member States may collect fees or charges to cover the costs of official controls in the marketplace. Any fee or commission charged by a Member State shall be reasonable, encourage competitiveness on the part of producers using geographical indications and factor in the situation of micro, small and medium-sized enterprises.
Amendment 557 #
Proposal for a regulation Article 48 – paragraph 5 5. Member States may collect fees or charges to cover the costs of official controls in the market
Amendment 558 #
Proposal for a regulation Article 48 – paragraph 5 – subparagraph 1 (new) Amendment 559 #
Proposal for a regulation Article 48 – paragraph 5 a (new) 5 a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
Amendment 56 #
Proposal for a regulation 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
Amendment 560 #
Proposal for a regulation Article 49 – title 49 Self-declaration
Amendment 561 #
Proposal for a regulation Article 49 – paragraph 1 Amendment 562 #
Proposal for a regulation Article 49 – paragraph 2 Amendment 563 #
Proposal for a regulation Article 49 – paragraph 3 Amendment 564 #
Proposal for a regulation Article 49 – paragraph 3 3. Where self-declarations are used competent authorities shall carry out
Amendment 565 #
Proposal for a regulation Article 49 – paragraph 3 3. Where self-declarations are used competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation, including penalties.
Amendment 566 #
Proposal for a regulation Article 49 – paragraph 4 Amendment 567 #
Proposal for a regulation Article 49 – paragraph 5 Amendment 568 #
Proposal for a regulation Article 50 – paragraph 1 1. Competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. The competent authority shall ensure that the delegated product certification body or natural person, to which such tasks have been delegated, have the knowledge, the expertise, the infrastructure, and the powers needed to effectively perform these tasks.
Amendment 569 #
Proposal for a regulation Article 50 – paragraph 1 1. Competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. The competent authority shall ensure that the delegated product certification body or natural person, to which such tasks have been delegated, have the powers and the expertise needed to effectively perform these tasks.
Amendment 57 #
Proposal for a regulation Recital 41 (41) In order to guarantee consumers of the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system that verifies compliance with the product specification before the product is put on the market. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification. Self- declaration should be subject to control by the competent authorities within a maximum of 3 months.
Amendment 570 #
Proposal for a regulation 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 (i) is to have the expertise, equipment and infrastructure required to perform the official control tasks delegated to
Amendment 572 #
Proposal for a regulation Article 50 – paragraph 2 – point b – point iii (iii) is to be transparent, 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 its professional conduct as regards the performance of those official control tasks delegated to it; and
Amendment 573 #
Proposal for a regulation 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
Amendment 574 #
Proposal for a regulation Article 50 – paragraph 2 – point b – point iv (iv) is to have sufficient powers to perform the official control tasks delegated to
Amendment 575 #
Proposal for a regulation Article 50 – paragraph 2 – point c Amendment 576 #
Proposal for a regulation Article 50 – paragraph 2 – point c – point iii (iii) are to act impartially, in a transparent manner, and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and
Amendment 577 #
Proposal for a regulation Article 53 – paragraph 1 1. Member States shall make public the names and
Amendment 578 #
Proposal for a regulation Article 53 – paragraph 2 2. The Office shall make public the names and addresses of the competent authorities
Amendment 579 #
Proposal for a regulation Article 53 – paragraph 2 2. The Office shall make public the
Amendment 58 #
Proposal for a regulation Recital 42 (42) To guarantee compliance with the product specification after the product has been put up for sale on the market, the competent authorities should perform official controls in the marketplace on a risk analysis and
Amendment 580 #
Proposal for a regulation Article 53 – paragraph 3 3. The Office
Amendment 581 #
Proposal for a regulation Article 55 – title Orders to act against illegal online content
Amendment 582 #
Proposal for a regulation Article 58 – paragraph 1 1. A producer whose product, following the verification of compliance referred to in Article 46, is found to comply with the product specification of a geographical indication protected under this Regulation or that has, if applicable in the Member State concerned, properly submitted a self-declaration to the competent authority, shall be entitled to an official certificate, or other proof of certification, of eligibility to produce the product designated by the geographical indication concerned in respect of the production steps performed by the said producer
Amendment 583 #
Proposal for a regulation Article 60 – paragraph 1 – point 7 – point b Regulation (EU) 2019/1753 Article 7 – paragraph 2 In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office
Amendment 584 #
Proposal for a regulation Article 60 – paragraph 1 – point 7 – point e Regulation (EU) 2019/1753 5a. In respect of craft and industrial geographical indications concerning the protection of which a previous refusal has been notified by the Office, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country concerned pursuant to Article 17(4) of Regulation (EU) 2022/... or a natural or legal person having a legitimate interest, withdraw, in whole or in part, a refusal previously notified to the International Bureau.;
Amendment 585 #
Proposal for a regulation Article 60 – paragraph 1 – point 9 Regulation (EU) 2019/1753 Article 9 – paragraph 1 — 1. The Commission or, in respect of craft and industrial geographical indications, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country concerned pursuant to Article 17(4) of Regulation (EU) 2022/... or a natural or legal person having a legitimate interest, invalidate, in whole or in part the effects of protection in the Union of a geographical indication, in one or more of the following circumstances:
Amendment 586 #
Proposal for a regulation Article 61 – paragraph 1 – point 2 Regulation (EU) 2017/1001 Article 170a – paragraph 1 1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for a
Amendment 587 #
Proposal for a regulation Title VI Amendment 588 #
Proposal for a regulation Article 62 – paragraph 1 Amendment 589 #
Proposal for a regulation 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 59 #
Proposal for a regulation Recital 42 (42) To guarantee compliance with the product specification after the product has been put on the market, competent authorities should perform official controls in the market, in person and on online shops including marketplaces, on a risk analysis and with appropriate frequency considering the likelihood of non- compliances including fraudulent or deceptive practices.
Amendment 590 #
Proposal for a regulation 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) 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.
Amendment 592 #
Proposal for a regulation Article 67 – paragraph 3 3. In accordance with the procedure laid down in Articles 17 to 2
Amendment 60 #
Proposal for a regulation Recital 43 (43) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that the producers of products designated by a geographical indication are properly rewarded for the
Amendment 61 #
Proposal for a regulation Recital 45 (45) The self-declaration should provide competent authorities with all necessary information
Amendment 62 #
Proposal for a regulation Recital 46 (46) Where a self-declaration certification procedure is in place, competent authorities should carry out
Amendment 63 #
Proposal for a regulation Recital 52 (52) In order to strengthen geographical indication protection and to combat counterfeiting more effectively, the protection of geographical indications should apply to both, the offline and online environment including domain names on the internet. Intermediary services, in particular online platforms have become increasingly used for the sale of products, including those designated by geographical indications, and in some cases online platforms might represent an important space as regards preventing fraud. In this regard, information related to the advertising, promotion and sale of goods that contravenes the protection of
Amendment 64 #
Proposal for a regulation Recital 52 a (new) (52 a) In its efforts to build a sustainable and resilient legal framework for a European single digital market where the level-playing field is ensured for all small and medium size enterprises (SMEs), the Union has provided itself with acts such as Regulation(EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC(Digital Services Act)and Regulation XXX/XXX on contestable and fair markets in the digital sector (Digital Markets Act). When it comes to geographical indications, stakeholders that do not depend on public administrations but that seek to raise awareness and provide services for producer groups or other stakeholders related to geographical indications should be able to do so. Forthat reason, the Commission, Member States and, where applicable, regional and local administrations should assist this SMEs in order to create a market of information providers for producer groups, geographical indications and other related activities.
Amendment 65 #
Proposal for a regulation Recital 53 (53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down. A registry of all EU Member States competent authorities nominated for administrative assistance should be drafted and made easily accessible to each national or regional point of contact for better inter-state cooperation to effectively exploit the benefits of a EU-wide geographical indication scheme.
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation only applies to craft and industrial products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724
Amendment 68 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 69 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products
Amendment 70 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products produced either
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d)
Amendment 72 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, processing or preparation, as illustrated in the product specification, up to the point, where the product is in a form to be placed on the internal market;
Amendment 73 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e)
Amendment 74 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator engaged in
Amendment 75 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing or development activities, covered by the product specification;
Amendment 76 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the qualifying production steps of the product takes place in the defined geographical area. The qualifying stage of the process is defined under the product specification, as that at which the specific characteristics establishing a link between the quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b) come into being;
Amendment 77 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the qualifying production steps of the product takes place in the defined geographical area. The qualifying stage of the process is defined under the product specification, as that at which the specific characteristics establishing a link between the quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b) come into being;
Amendment 78 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c)
Amendment 79 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c)
Amendment 80 #
Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (c a) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.
Amendment 81 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration.
Amendment 82 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities
Amendment 83 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 84 #
Proposal for a regulation Article 6 – paragraph 2 2. An authority designated by a Member State may be deemed to be an applicant producer group for the purposes of this Title
Amendment 85 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. A single producer
Amendment 86 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 (new) The Commission shall put in place and maintain an on-line system to enable easy access by consumers to the product specifications behind each geographical indication originating in the EU or in third countries, including geographical indications recognised via trade agreements and under the Geneva Act.
Amendment 87 #
Proposal for a regulation 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 steps of the production process;
Amendment 88 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point iii a (new) (iiia) the principal production stages
Amendment 89 #
Proposal for a regulation Article 8 – paragraph 1 – point b a (new) (b a) where applicable, where a micro or small enterprise is not able to do this procedure, the regional or local authority shall assist it in filling in the single document.
Amendment 90 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. Where the applicant is a micro, small or medium-sized enterprise, or a producer group composed solely of such enterprises, the competent authorities at national level should help draw up the single document, relying in particular on the information provided in the product specification.
Amendment 91 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 92 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises (MSMEs). The fee should be lower for MSMEs to avoid putting them off the registration procedure because of the cost.
Amendment 93 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a
Amendment 94 #
Proposal for a regulation Article 10 – paragraph 4 4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). These fees should be lower for MSMEs to avoid putting them off the registration procedure.
Amendment 95 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1.
Amendment 96 #
Proposal for a regulation Article 15 – paragraph 1 – point a Amendment 97 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 98 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 99 #
Proposal for a regulation Article 15 – paragraph 3 3. When a Member State makes use of the d
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2023-04-04Show (2) Changes | Timetravel
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2023-03-29Show (2) Changes | Timetravel
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2023-03-27Show (2) Changes | Timetravel
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2023-03-20Show (2) Changes | Timetravel
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2023-03-17Show (1) Changes | Timetravel
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2023-03-14Show (1) Changes | Timetravel
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2023-03-10Show (3) Changes | Timetravel
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| procedure/stage_reached |
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Awaiting Parliament's position in 1st reading |
2023-02-28Show (3) Changes | Timetravel
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| procedure/Other legal basis |
Rules of Procedure EP 159
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2023-02-04Show (1) Changes | Timetravel
| docs/11/docs/0/url |
https://www.europarl.europa.eu/doceo/document/INTA-AD-732760_EN.html
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2023-02-02Show (3) Changes | Timetravel
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| docs/11/date |
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2023-01-31Show (1) Changes | Timetravel
| docs/11/docs/0/url |
https://www.europarl.europa.eu/doceo/document/IMCO-AD-736371_EN.html
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2023-01-27Show (1) Changes | Timetravel
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2023-01-25Show (1) Changes | Timetravel
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2022-12-21Show (8) Changes | Timetravel
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| docs/12 |
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2022-12-17Show (8) Changes | Timetravel
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| events/0 |
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2022-11-25Show (1) Changes | Timetravel
| docs/7 |
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2022-11-24Show (1) Changes | Timetravel
| docs/8/docs/0/url |
https://www.europarl.europa.eu/doceo/document/JURI-AM-738557_EN.html
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2022-11-19Show (1) Changes | Timetravel
| docs/7/docs/0/url |
https://www.europarl.europa.eu/doceo/document/JURI-AM-738505_EN.html
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2022-11-18Show (2) Changes | Timetravel
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2022-11-11Show (3) Changes | Timetravel
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2022-10-22Show (2) Changes | Timetravel
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2022-10-17Show (2) Changes | Timetravel
| docs/0 |
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2022-10-13Show (1) Changes | Timetravel
| docs/5/docs/0/url |
https://www.europarl.europa.eu/doceo/document/JURI-PR-736692_EN.html
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2022-10-07Show (1) Changes | Timetravel
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2022-09-30Show (2) Changes | Timetravel
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2022-09-29Show (2) Changes | Timetravel
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2022-09-09Show (2) Changes | Timetravel
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2022-07-20Show (3) Changes | Timetravel
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2022-06-30Show (2) Changes | Timetravel
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2022-06-19Show (5) Changes | Timetravel
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2022-06-03Show (7) Changes | Timetravel
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2022-05-30Show (6) Changes | Timetravel
| commission |
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| committees/2/opinion |
False
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| events |
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| procedure/dossier_of_the_committee |
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| procedure/legal_basis |
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2022-05-04Show (1) Changes
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