Rights in the geographical indication are enforced through provisions of the:
Law on Indications of Geographical Origin
- CIVIL LAW PROTECTION
Protection in the Event of Infringement of Registered
Indication of Geographical Origin
Article 56
(1) In the event of infringement of a registered indication of geographical origin, an action may be filed, and the plaintiff may request the following:
1) Determination of the infringement of an appellation of origin or a geographical indication;
2) Prohibition of acts that infringe an appellation of origin or a geographical indication;
3) Reimbursement of damages and justifiable legal costs and expenses;
4) Publication of the court decision at the expense of the defendant;
5) Confiscation and destruction, without any compensation, of any products created or obtained by infringing an appellation of origin or a geographical indication;
6) Confiscation and destruction, without any compensation, of the materials and objects (equipment, tools) predominantly used to manufacture objects that infringe an appellation of origin or a geographical indication.
(2) If the infringement of an appellation of origin or a geographical indication was intentionally or by gross negligence, the plaintiff may request from the defendant the compensation amounting up to three times of the amounts of direct damage and lost profits combined.
(3) In considering the claims referred to in paragraph 1, items 5 and 6 of this Article, the court shall take into account the need to maintain proportionality between the gravity of the infringement and the measures ordered, as well as the interests of third parties.
(3) Appropriate provisions of the Law of Obligations shall apply to those issues concerning damages for infringement of rights that are not provided for by this Law.
Infringement of Registered Appellation of Origin or
Geographical Indication
Article 57
(1) Any unauthorized use of protected appellation of origin or a geographical indication by any economic operator within the meaning of Articles 42 and 43 of this Law shall constitute an infringement of an appellation of origin or a geographical indication.
(2) The imitation of the registered appellation of origin or geographical indication shall also constitute an infringement of an appellation of origin or a geographical indication.
Right to File an Action
Article 58
(1) An action for infringement of an appellation of origin or a geographical indication referred to Article 56 of this Law may be filed by any person referred to Article 14, paragraph 2 of this Law, authorized user of an appellation of origin or a geographical indication and public or state prosecutor.
(2) Where the proceedings referred to Articles 47, 52, 53 and 55 of this Law have been initiated before the responsible authority or the court, the court deciding the case based on the action referred to in Article 56 of this Law shall delay the proceedings pending the final decision of the responsible authority or the court.
Time Limit to File an Action
Article 59
An action for the infringement an appellation of origin or a geographical indication may be filed within a period of three years as of the day on which the plaintiff became aware of the infringement and the identity of the infringer, but not later than five years as of the day of the first infringement.
- PROVISIONAL MEASURES
Provisional Measure of Seizure or
Removal from the Circulation
Article 60
(1) Upon the request of the plaintiff who makes it probable that his appellation of origin or a geographical indication is or shall be infringed, the court may, ending a final decision, issue a provisional measure of:
1) Confiscation and/or withdrawal from the market of products made or obtained by infringement of an appellation of origin or a geographical indication;
2) Confiscation and/or withdrawal from the market of implements (equipment, tools) predominantly used in the production of products infringing appellation of origin or a geographical indication;
3) Prohibition of the further performance of acts infringing appellation of origin or a geographical indication.
(2) A request for the grant of a provisional measure may be filed even before filing an action, provided that the action is filed not later than 30 days from the execution of the provisional measure.
(3) Where there is risk of irreparable harm being caused or where there is demonstrable risk of evidence being destroyed, the court may order a provisional measure without the defendant being heard, whereas the defendant must be notified of the execution of the provisional measure without delay, but not later than five days from the execution of the provisional measure.
(4) The court may instruct the applicant to furnish additional evidence of the infringement of appellation of origin or a geographical indication or of the imminent risk of the infringement thereof and order him to provide a security in order to prevent any abuse.
(5) An appeal against the court decision on the provisional measure referred to in paragraph 1 of this Article shall not stay the execution of the decision.
(6) Appropriate provisions of the Law on Enforcement Procedure shall apply to those issues concerning the institution of provisional measures that are not provided for by this Law.
Securing of Evidence
Article 61
(1) At the request of the plaintiff who makes it credible that his/her right has been infringed, and that there is a reasonable doubt that the evidence of that will be destroyed or that it will not be possible to obtain it later on, the court may order a provisional measure to secure evidence without giving prior notice to or hearing the person from which evidence is to be collected.
(2) For the purposes of Paragraph 1 of this Article, the securing of evidence shall mean the inspection of premises, books, documents, databases, etc., as well as the seizure of documents and infringing goods, interrogation of witnesses and expert witnesses.
(3) The court order for measures to secure evidence shall be served to the person from which evidence is to be collected, on the occasion of the collection of evidence, and to an absent person, as soon as that becomes possible.
(4) Provisional measure to secure evidence may be requested even before filing an action, provided that the action is filed not later than 30 days from the execution of the provisional measure.
Obligation to Provide Information
Article 62
(1) A court may order a person responsible for an infringement of the registered appellation of origin or geographical indication to provide information about any third parties who have participated in the infringement of the appellation of origin or geographical indication and about their distribution channels.
(2) Person referred to in paragraph 1 of this Article who does not fulfil the obligation of providing information shall be held liable for any damages arising therefrom.