Information for Review under TRIPS Art. 24.2 (Checklist of Questions on GIs) - View details of the document

European Union

Wines and Spirits: Geographical indications and appellations of origin are protected ex officio. Recognition at national level as well as registration and publication in the EU Official Journal are required (see Regulations (EEC) 822/87 Article 72, 823/87 Article 1, 2392/89 Article 2, 1576/89 Article 5, 1601/91 Article 6; national laws: Legislative Decree 243/69 Articles 4 and 5, Law 427/76 Articles 3 and 4). Protection is accorded on the condition that the products concerned are produced within the boundaries of specific regions and that certain strictly defined criteria such as: vine varieties, yields per Ha, cultivation and pruning techniques, minimum alcoholic content, organoleptic characteristics etc, are met. Protection is provided against any misuse or imitation even if the indication is used in translation or with reference to the actual origin or with additions such as "type", "method", "style", "kind", "imitation" or the like. Other agricultural products and foodstuffs: Registration of protected geographical indications and appellations of origin at the Community level is needed (Regulation (EEC) 2081/92 Articles 5, 6 and 7). A group of producers must submit a detailed application for registration. Natural or legal persons may also submit an application under certain conditions (Regulation (EEC) 2037/93 Article 1). The application should be submitted to the competent regional directorate for agriculture and must contain at least the information and data specified in Article 4 of Regulation (EEC) 2081/92. A first examination of the application takes place at local level. The file together with the opinion of the regional directorate of agriculture as well as the views of other relevant bodies in the region having an economic interest is transmitted to the competent central services of the Ministry of Agriculture who takes a final decision at the national level. After that the file is transmitted to the Commission of the EU. Within six months, the Commission must take a final decision and publishes the application in the Official Journal of the EU. Following publication a six month period is opened for objections by interested parties (other member States or any natural or legal person having a legitimate economic interest). Appropriately registered geographical indications and appellations of origin are protected ex officio against any misuse as referred to in Article 13 of Regulation (EEC) 2081/92.

No, different regimes exist for the protection of geographical indications and denominations of origin as follows: Wines: Regulations (EEC) 2247/73, 822/87, 823/87, 2392/89, 3886/89, 3201/90, laying down special provisions relating to the quality wines produced in specified regions, as well as establishing general rules for the designation and presentation of wines and grape musts. In addition national laws (i.e. Legislative Decree 243/25.7.69, Law 427/31.8.76) setting general rules concerning procedures, inspections, imposition of penalties and criminal procedures for protected geographical indications and designations of origin are applied. Spirits: Regulations (EEC) 1576/89, 3378/94 laying down general rules on the definition, description and presentation of spirit drinks. Other agricultural products and foodstuffs: Regulation (EEC) 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. In addition, national laws (i.e. Law 2040/92 Article 11, Presidential decrees 61/93, 81/93, 291/93) setting general rules concerning the definition, presentation, inspection, imposition of penalties and other criminal procedures in relation to olive oil and other agricultural products and foodstuffs are also applied.

No.

See replies to question 1 above. Also the following provisions are applied: • Wines: Article 72a of Regulation (EEC) 822/87, Article 10a of Regulation (EEC) 601/91. Articles 14, 15, 16 and 17 of Legislative Decree 243/69 as amended by Law 427/76. • Spirits: Article 11a of Regulation (EEC) 1576/89. • Other agricultural products and foodstuffs: In addition to the provisions of Regulation (EEC) 2081/92, Article 11 of Law 2040/92 is applied.

[Answer 1: Wines and Spirits: Geographical indications and appellations of origin are protected ex officio. Recognition at national level as well as registration and publication in the EU Official Journal are required (see Regulations (EEC) 822/87 Article 72, 823/87 Article 1, 2392/89 Article 2, 1576/89 Article 5, 1601/91 Article 6; national laws: Legislative Decree 243/69 Articles 4 and 5, Law 427/76 Articles 3 and 4). Protection is accorded on the condition that the products concerned are produced within the boundaries of specific regions and that certain strictly defined criteria such as: vine varieties, yields per Ha, cultivation and pruning techniques, minimum alcoholic content, organoleptic characteristics etc, are met. Protection is provided against any misuse or imitation even if the indication is used in translation or with reference to the actual origin or with additions such as "type", "method", "style", "kind", "imitation" or the like. Other agricultural products and foodstuffs: Registration of protected geographical indications and appellations of origin at the Community level is needed (Regulation (EEC) 2081/92 Articles 5, 6 and 7). A group of producers must submit a detailed application for registration. Natural or legal persons may also submit an application under certain conditions (Regulation (EEC) 2037/93 Article 1). The application should be submitted to the competent regional directorate for agriculture and must contain at least the information and data specified in Article 4 of Regulation (EEC) 2081/92. A first examination of the application takes place at local level. The file together with the opinion of the regional directorate of agriculture as well as the views of other relevant bodies in the region having an economic interest is transmitted to the competent central services of the Ministry of Agriculture who takes a final decision at the national level. After that the file is transmitted to the Commission of the EU. Within six months, the Commission must take a final decision and publishes the application in the Official Journal of the EU. Following publication a six month period is opened for objections by interested parties (other member States or any natural or legal person having a legitimate economic interest). Appropriately registered geographical indications and appellations of origin are protected ex officio against any misuse as referred to in Article 13 of Regulation (EEC) 2081/92.]

See replies to questions 1 – 4 above.

[Answer 1: Wines and Spirits: Geographical indications and appellations of origin are protected ex officio. Recognition at national level as well as registration and publication in the EU Official Journal are required (see Regulations (EEC) 822/87 Article 72, 823/87 Article 1, 2392/89 Article 2, 1576/89 Article 5, 1601/91 Article 6; national laws: Legislative Decree 243/69 Articles 4 and 5, Law 427/76 Articles 3 and 4). Protection is accorded on the condition that the products concerned are produced within the boundaries of specific regions and that certain strictly defined criteria such as: vine varieties, yields per Ha, cultivation and pruning techniques, minimum alcoholic content, organoleptic characteristics etc, are met. Protection is provided against any misuse or imitation even if the indication is used in translation or with reference to the actual origin or with additions such as "type", "method", "style", "kind", "imitation" or the like. Other agricultural products and foodstuffs: Registration of protected geographical indications and appellations of origin at the Community level is needed (Regulation (EEC) 2081/92 Articles 5, 6 and 7). A group of producers must submit a detailed application for registration. Natural or legal persons may also submit an application under certain conditions (Regulation (EEC) 2037/93 Article 1). The application should be submitted to the competent regional directorate for agriculture and must contain at least the information and data specified in Article 4 of Regulation (EEC) 2081/92. A first examination of the application takes place at local level. The file together with the opinion of the regional directorate of agriculture as well as the views of other relevant bodies in the region having an economic interest is transmitted to the competent central services of the Ministry of Agriculture who takes a final decision at the national level. After that the file is transmitted to the Commission of the EU. Within six months, the Commission must take a final decision and publishes the application in the Official Journal of the EU. Following publication a six month period is opened for objections by interested parties (other member States or any natural or legal person having a legitimate economic interest). Appropriately registered geographical indications and appellations of origin are protected ex officio against any misuse as referred to in Article 13 of Regulation (EEC) 2081/92.]

[Answer 2: No, different regimes exist for the protection of geographical indications and denominations of origin as follows: Wines: Regulations (EEC) 2247/73, 822/87, 823/87, 2392/89, 3886/89, 3201/90, laying down special provisions relating to the quality wines produced in specified regions, as well as establishing general rules for the designation and presentation of wines and grape musts. In addition national laws (i.e. Legislative Decree 243/25.7.69, Law 427/31.8.76) setting general rules concerning procedures, inspections, imposition of penalties and criminal procedures for protected geographical indications and designations of origin are applied. Spirits: Regulations (EEC) 1576/89, 3378/94 laying down general rules on the definition, description and presentation of spirit drinks. Other agricultural products and foodstuffs: Regulation (EEC) 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. In addition, national laws (i.e. Law 2040/92 Article 11, Presidential decrees 61/93, 81/93, 291/93) setting general rules concerning the definition, presentation, inspection, imposition of penalties and other criminal procedures in relation to olive oil and other agricultural products and foodstuffs are also applied.]

[Answer 3: No]

[Answer 4: See replies to question 1 above. Also the following provisions are applied: • Wines: Article 72a of Regulation (EEC) 822/87, Article 10a of Regulation (EEC) 601/91. Articles 14, 15, 16 and 17 of Legislative Decree 243/69 as amended by Law 427/76. • Spirits: Article 11a of Regulation (EEC) 1576/89. • Other agricultural products and foodstuffs: In addition to the provisions of Regulation (EEC) 2081/92, Article 11 of Law 2040/92 is applied.]

Wines: Nemea, Mandenea, Peza, Archanes, Samos, Mavrodafni from Patras, Retsina from Attiki, local wine from Macedonia, Santorini, Zitsa, etc. Registered and published in the Official Journal "C" No. 348/82, 155/92, 203/93 according to Regulations (EEC) 2247/73, 2392/89. Spirits: Tsikoudia from Creta, Tsipouro from Macedonia, Brandy from Attiki, Brandy from Peloponnesos etc. Regulation (EEC) 1576/89, Annex II. Other agricultural products and foodstuffs: Cheeses: Katiki Domokou, Manouri, Kefalograviera, Graviera Naxou, etc. Registered and published in the Official Journal of the EU, "L" 148/96, Regulation (EC) 1107/96. Olive oil: Thasos, Lakonia, Preveza, Kranidi Argolidas, Chania from Creta etc. Registered and published in the Official Journal of the EU, "L" 148/96, Regulation (EC) 1107/96. Table olives: Kalamatas, Conservilia Amfissas, Throuba Thasou etc. Registered and published in the Official Journal of the EU, "L" 163/96, Regulation (EC) 1263/96. Fruits and Vegetables: kiwi fruit from Sperchios, apples from Zagora of Pelion, dried figs from Kymi, eggplant Tsakoniki from Lonidion, pistachios from Aegina, orange from Maleme of Chanea etc. Registered and published in the Official Journals of the EU, "L" 148/96, 163/96, Regulations (EC) 1107/96, 1263/96. Other: honey from Menalon etc. Registered and published in the Official Journal of the EU, "L" 163/96, Regulation (EC) 1263/96. Protection is provided according to the provisions of Regulation (EEC) 2081/92.

Yes, pursuant to Regulation (EEC) 2081/92 (Article 13).

See answers to question 1 under I above.

[Answer 1: Wines and Spirits: Geographical indications and appellations of origin are protected ex officio. Recognition at national level as well as registration and publication in the EU Official Journal are required (see Regulations (EEC) 822/87 Article 72, 823/87 Article 1, 2392/89 Article 2, 1576/89 Article 5, 1601/91 Article 6; national laws: Legislative Decree 243/69 Articles 4 and 5, Law 427/76 Articles 3 and 4). Protection is accorded on the condition that the products concerned are produced within the boundaries of specific regions and that certain strictly defined criteria such as: vine varieties, yields per Ha, cultivation and pruning techniques, minimum alcoholic content, organoleptic characteristics etc, are met. Protection is provided against any misuse or imitation even if the indication is used in translation or with reference to the actual origin or with additions such as "type", "method", "style", "kind", "imitation" or the like. Other agricultural products and foodstuffs: Registration of protected geographical indications and appellations of origin at the Community level is needed (Regulation (EEC) 2081/92 Articles 5, 6 and 7). A group of producers must submit a detailed application for registration. Natural or legal persons may also submit an application under certain conditions (Regulation (EEC) 2037/93 Article 1). The application should be submitted to the competent regional directorate for agriculture and must contain at least the information and data specified in Article 4 of Regulation (EEC) 2081/92. A first examination of the application takes place at local level. The file together with the opinion of the regional directorate of agriculture as well as the views of other relevant bodies in the region having an economic interest is transmitted to the competent central services of the Ministry of Agriculture who takes a final decision at the national level. After that the file is transmitted to the Commission of the EU. Within six months, the Commission must take a final decision and publishes the application in the Official Journal of the EU. Following publication a six month period is opened for objections by interested parties (other member States or any natural or legal person having a legitimate economic interest). Appropriately registered geographical indications and appellations of origin are protected ex officio against any misuse as referred to in Article 13 of Regulation (EEC) 2081/92.]

Wines: The definitions for quality wines of controlled appellations of origin and of table wines of simple appellations of origin are given in Article 3 of Regulation (EEC) 823/87, Article 72 of Regulation 822/87, as well as in Articles 4 and 5 of Legislative Decree 243/69 as amended by Articles 3 and 4 of Law 427/76. In general, quality wines of controlled appellations of origin should come from grapes of selected fine varieties growing on soils proper for the production of high-quality wines, cultivated traditionally within restricted vinicultural zones. Certain production requirements, namely yield per Ha, cultivation techniques and methods, minimum natural alcoholic strength and organoleptic characteristics, also should be met. Table wines of simple appellations of origin should come from appropriate varieties of grapes grown on proper soils, within a restricted vinicultural zone. Processing of grapes into must and of must into wine should take place within the defined zone of origin. Spirits: The definition is given in Article 5 of Regulation (EEC) 1576/89 in conjunction with Annex II. Other agricultural products and foodstuffs: The definitions are given in Article 2 of Regulation 2081/92 as well as in Article 11 of Law 2040/92, Article I of Presidential Decree 61/93 and Article 1, paragraphs 1, 2 of Presidential Decree 81/93. In general, the term "geographical indication" means the name of a specific region, a specific place or in exceptional cases a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area. The term "designation of origin" means the name of a specific region, a specific place or in exceptional cases a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and the quality or characteristics are essentially exclusively due to a particular geographical environment with its inherent natural and human factors and the production and/or processing and/or preparation of which take place in the defined geographical area. Furthermore, as "designations of origin" are considered certain traditional geographical or non-geographical names designating an agricultural product or foodstuff originating in a region or a specific place which fulfil the conditions set out for designations of origin.

The definitions referred to above identify products of a certain quality, notoriety or reputation which are directly linked to the region of origin.

See answers to question 8 above as well as the replies of the European Communities.

[Answer 8: Wines: The definitions for quality wines of controlled appellations of origin and of table wines of simple appellations of origin are given in Article 3 of Regulation (EEC) 823/87, Article 72 of Regulation 822/87, as well as in Articles 4 and 5 of Legislative Decree 243/69 as amended by Articles 3 and 4 of Law 427/76. In general, quality wines of controlled appellations of origin should come from grapes of selected fine varieties growing on soils proper for the production of high-quality wines, cultivated traditionally within restricted vinicultural zones. Certain production requirements, namely yield per Ha, cultivation techniques and methods, minimum natural alcoholic strength and organoleptic characteristics, also should be met. Table wines of simple appellations of origin should come from appropriate varieties of grapes grown on proper soils, within a restricted vinicultural zone. Processing of grapes into must and of must into wine should take place within the defined zone of origin. Spirits: The definition is given in Article 5 of Regulation (EEC) 1576/89 in conjunction with Annex II. Other agricultural products and foodstuffs: The definitions are given in Article 2 of Regulation 2081/92 as well as in Article 11 of Law 2040/92, Article I of Presidential Decree 61/93 and Article 1, paragraphs 1, 2 of Presidential Decree 81/93. In general, the term "geographical indication" means the name of a specific region, a specific place or in exceptional cases a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area. The term "designation of origin" means the name of a specific region, a specific place or in exceptional cases a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and the quality or characteristics are essentially exclusively due to a particular geographical environment with its inherent natural and human factors and the production and/or processing and/or preparation of which take place in the defined geographical area. Furthermore, as "designations of origin" are considered certain traditional geographical or non-geographical names designating an agricultural product or foodstuff originating in a region or a specific place which fulfil the conditions set out for designations of origin.]

Yes. See also the replies of the European Communities.

[Answer 11 of the European Communities

Wines

Yes.  Traditional conditions of production take into account the human creativity involved in the making of a specific product and therefore include human factors.

Other products

Human factors can be one of the essential criteria provided for in Article 2 of Regulation (EEC) No. 2081/92 which justify the registration of a name.]

No.

Wines: The Ministry of Agriculture defines the geographical region or area as well as all other conditions and criteria required, on the basis of a recommendation given by the Central Committee for the Protection of Vine Production. Other products: Geographic region or area as well as all other specifications required are defined by the group of producers applying for registration to the regional directorates for agriculture and subsequently to the central services of the Ministry of Agriculture and to the European Commission.

Yes, in Article 15 of Regulation (EEC) 823/87 and Article 29 of Regulation (EEC) 2392/89.

Wines: Yes, Regulations (EEC) 822/87 Articles 61 and 72a, 2392/89 Article 40, 1601/90 Article 10a. Spirits: Yes, Regulation (EEC) 1576/89 Article 11a. Other agricultural products and foodstuffs: Yes, Regulation (EEC) 2081/92 Article 12.

As a general rule protection of geographical indications and designations of origin is based on the principle of its recognition and protection in the country of origin.

See answers to question 8 under I above.

[Answer 8: Wines: The definitions for quality wines of controlled appellations of origin and of table wines of simple appellations of origin are given in Article 3 of Regulation (EEC) 823/87, Article 72 of Regulation 822/87, as well as in Articles 4 and 5 of Legislative Decree 243/69 as amended by Articles 3 and 4 of Law 427/76. In general, quality wines of controlled appellations of origin should come from grapes of selected fine varieties growing on soils proper for the production of high-quality wines, cultivated traditionally within restricted vinicultural zones. Certain production requirements, namely yield per Ha, cultivation techniques and methods, minimum natural alcoholic strength and organoleptic characteristics, also should be met. Table wines of simple appellations of origin should come from appropriate varieties of grapes grown on proper soils, within a restricted vinicultural zone. Processing of grapes into must and of must into wine should take place within the defined zone of origin. Spirits: The definition is given in Article 5 of Regulation (EEC) 1576/89 in conjunction with Annex II. Other agricultural products and foodstuffs: The definitions are given in Article 2 of Regulation 2081/92 as well as in Article 11 of Law 2040/92, Article I of Presidential Decree 61/93 and Article 1, paragraphs 1, 2 of Presidential Decree 81/93. In general, the term "geographical indication" means the name of a specific region, a specific place or in exceptional cases a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area. The term "designation of origin" means the name of a specific region, a specific place or in exceptional cases a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and the quality or characteristics are essentially exclusively due to a particular geographical environment with its inherent natural and human factors and the production and/or processing and/or preparation of which take place in the defined geographical area. Furthermore, as "designations of origin" are considered certain traditional geographical or non-geographical names designating an agricultural product or foodstuff originating in a region or a specific place which fulfil the conditions set out for designations of origin.]

See answers to question 14 under I above.

[Answer 14: Yes, in Article 15 of Regulation (EEC) 823/87 and Article 29 of Regulation (EEC) 2392/89.]

Wines: The Ministry of Agriculture. Other products: Groups of producers and/or processors engaged in the production of the specific product are entitled to submit an application (Regulation (EEC) 2081/92 Article 5). Natural or legal persons may also submit an application under certain conditions (Regulation (EEC) 2037/93 Article 1).

Wines and spirits: The Ministry of Agriculture following a recommendation by the Central Committee for the Protection of Vine Production. Other agricultural products and foodstuffs: A group of producers and/or processors must submit an application to the regional directorate of agriculture. Following its first examination by the local authorities the application along with the opinion of the regional directorate of agriculture and the views of other local professional bodies are transferred to the central services of the Ministry of Agriculture and subsequently to the European Commission for final verification, approval and publication.

Wines and spirits: Yes, it takes place ex officio. Other agricultural products and foodstuffs: It is only granted upon request.

There are no fees.

No, see answers to question 10 above.

[Answer 10: See answers to question 8 above as well as the replies of the European Communities.]

See answers to question 10 above.

[Answer 10: See answers to question 8 above as well as the replies of the European Communities.]

Wines: Determination of the area of production, vine varieties, yields per Ha, cultivation techniques and methods, wine making methods, minimum natural alcoholic strength, organoleptic characteristics. Other agricultural products and foodstuffs: These are enumerated in Article 4 of Regulation (EEC) 2081/92.

Yes.

Article 7 of Regulation (EEC) 2081/92 describes the mechanism and procedures to oppose the recognition of a geographical indication.

In general any natural or legal person who has a legitimate economic interest.

See answers to questions 4 and 15 above. In addition for wines and spirits inclusion in a positive list is possible by agreement (Article 8 of Legislative Decree 144/69). For other agricultural products and foodstuffs pursuant to the provisions of Article 12 of Regulation (EEC) 2081/92.

[Answer 4: See replies to question 1 above. Also the following provisions are applied: • Wines: Article 72a of Regulation (EEC) 822/87, Article 10a of Regulation (EEC) 601/91. Articles 14, 15, 16 and 17 of Legislative Decree 243/69 as amended by Law 427/76. • Spirits: Article 11a of Regulation (EEC) 1576/89. • Other agricultural products and foodstuffs: In addition to the provisions of Regulation (EEC) 2081/92, Article 11 of Law 2040/92 is applied.]

[Answer 15: Wines: Yes, Regulations (EEC) 822/87 Articles 61 and 72a, 2392/89 Article 40, 1601/90 Article 10a. Spirits: Yes, Regulation (EEC) 1576/89 Article 11a. Other agricultural products and foodstuffs: Yes, Regulation (EEC) 2081/92 Article 12.]

The recognition is unlimited.

There is not any explicit provision on this.

There is not any explicit provision on this.

There is no specific limit for non-use.

Wines: The Agricultural Services at local or regional level and the State Chemical Laboratory and its regional branches (Article 7 of Legislative Decree 243 FEK 144A/69 as amended by Article 6 of Law 427 FEK 230A/76). Other agricultural products and foodstuffs: The agricultural services at local or regional level.

Wines: In general monitoring takes place ex officio or following a complaint by an interested party having a legitimate economic interest. Responsible bodies may carry out their task every working day at wineries, wine storehouses, wine sale stations and are entitled to have full access on any relevant document and information. Other agricultural products and foodstuffs: Monitoring takes place ex officio or following a complaint by an interested party having a legitimate economic interest. The main aim is to verify the compliance to the specifications and conditions determined in the application form of the product concerned.

On non-use see answer to question 31 above. Failure to maintain the criteria identified and/or violation to meet specifications, imply the imposition of financial and administrative penalties, including the termination of protection, as well as criminal penalties, provided by Article 458 of the Criminal Code. Legal proceedings are taking place on the basis of a violation protocol issued by the responsible monitoring body.

The relevant procedures may take place: • By national authorities, ex officio (Regulation (EEC) 2081/92 Article 13, …). • By the initiative of any natural or legal person (Regulation (EEC) 2081/92 Article 13, …). • By the initiative of a member State (Regulation (EEC) 2081/92 Article 11, …).

No additional criteria are required.

Anybody established in the geographical area and/or region and who meets the conditions specified in the relevant laws and regulations has the right to use the registered name.

There are no fees.

In cases of a dispute ordinary courts are competent.

No, see answer to question 30 above.

[Answer 30: There is not any explicit provision on this.]

Such dispute could be resolved through the normal administrative and/or judicial procedures concerning the application of the relevant national and EU legislation.

No.

No "grandfathered use" of a geographical indication exists.

See the replies by the European Communities to the above question.

[Answer 44: European Communities

            The relationship between marks and geographical indications is established at Community level in the following instruments:

 

  • - Council Directive (EEC) No. 104/89 harmonising Member States’ legislation concerning trademarks excludes the registration of a trademark that is made up exclusively of a geographical indication (Article 3c) or that can, by nature, mislead the public, e.g., on the geographical origin of the product (Article 3g),

 

  • - Regulation (EC) No. 3288/94 amending Regulation (EC) No. 40/94 on the Community trademark provides in Article 7 that the Harmonization Office in Alicante shall refuse to register an application for the registration of a Community trade mark:

 

                        (1)        which consists exclusively of an indication which may serve, in trade, to                                           designate the geographical origin of goods, or

 

  • (2) for wines, which contains or consists of a geographical indication identifying            wines or for spirits which contains or consists of a geographical identifying           spirits with respect to such wines or spirits not having that origin.

 

  • Third parties may initiate an invalidity procedure against a registered Community trademark before the Harmonization Office on the same grounds, pursuant to Article 51 of the said Regulation.

 

  • - Regulation (EEC) No 2392/89 establishing general rules concerning the designation and presentation of wines defines more precisely in Article 40, paragraph 2 the corresponding situations from a trademark angle. 
  • Furthermore, there are special provisions for well-known registered brand names.
  • - Article 13 of Regulation (EEC) No. 2333/92 establishing general rules concerning the designation and presentation of sparkling wines.  There are also special provisions for well-known registered brand names.
  • - Article 14 of Regulation (EEC) No 2081/92 concerning the protection of geographical indications and designations of origin for agricultural products and foodstuffs. 

                        This provision establishes the following:

 

(1)        a geographical indication is not registered where, in the light of a trademark’s reputation, renown and length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product;

 

(2)        when a geographical indication has been registered, a trademark attempting to evoke or to usurp the geographical indication shall be refused;

 

(3)        the use of a trademark evoking a geographical indication and registered before this geographical indication may continue if the trademark was registered in good faith and if the appropriate provisions of Directive (EEC) No. 89/104 have been complied with.]

 

See answer to question 44 above.

[Answer 44: See the replies by the European Communities to the above question.]

See answer to question 44 above.

[Answer 44: See the replies by the European Communities to the above question.]

See answers to question 44 under I above

[Answer 44: See the replies by the European Communities to the above question.]

The relevant EEC and national legislation are applied through judicial and administrative procedures. Wines: Details are foreseen in Articles 14-17 of the Legislative Decree 243/69 as amended by Law 427/76. Other agricultural products and foodstuffs: On the basis of provisions of Articles 13-14 of Regulation (EEC) 2081/92.

See answer to question 47 above.

[Answer 47: The relevant EEC and national legislation are applied through judicial and administrative procedures. Wines: Details are foreseen in Articles 14-17 of the Legislative Decree 243/69 as amended by Law 427/76. Other agricultural products and foodstuffs: On the basis of provisions of Articles 13-14 of Regulation (EEC) 2081/92.]

See answer to question 47 above.

[Answer 47: The relevant EEC and national legislation are applied through judicial and administrative procedures. Wines: Details are foreseen in Articles 14-17 of the Legislative Decree 243/69 as amended by Law 427/76. Other agricultural products and foodstuffs: On the basis of provisions of Articles 13-14 of Regulation (EEC) 2081/92.]

Yes, all recognized and protected geographical indications and designations of origin must be published in the Official journal of the EU.

Yes, see also answer to question 47 above.

[Answer 47: The relevant EEC and national legislation are applied through judicial and administrative procedures. Wines: Details are foreseen in Articles 14-17 of the Legislative Decree 243/69 as amended by Law 427/76. Other agricultural products and foodstuffs: On the basis of provisions of Articles 13-14 of Regulation (EEC) 2081/92.]

Greece is a member of the EU and therefore applies the relevant Community legislation as well as all bilateral agreements that have been concluded between the EU and several third countries. Greece is also a member of the OIV.

There are no other agreements.