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

European Union

Geographical indications enjoy general protection under the Consumer Protection Act (No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts. In respect of marketing, sections 1 and 2 contain particularly prohibitions to use marketing allegations or other statements which are contrary to good practice or which may be regarded as misleading marketing. These provisions can be applied, for example, in cases where a product has been released on the market with a label or sign, which could be misleading to the public. Similarly, these provisions can be applied when misleading information of the type, quantity, quality, origin or other characteristics of the product has been given to consumers. The Unfair Business Practises Act provides for specific remedies to prevent forms of exploitation described in Article 22.2 (a) and (b) of the TRIPS Agreement. Also, the Trademarks Act provides a general obligation to refuse registration in cases where the mark applied for is misleading. Thus, a geographical indication must not indicate an origin if there is no real connection between the indicated origin and the used geographical indication. Indications relating to wines and spirits enjoy protection under the Alcohol Act (No. 1143/94). Paragraph 43 states the responsibility of the producer and the importer. According to this provision, the producer and the importer shall answer for the quality and composition of the alcoholic beverages delivered by them for consumption as well as for the circumstance that the product and its labelling and other presentation of it are in compliance with the provisions and regulations issued. The protection of agricultural products and foodstuffs is based on the implementation of the EEC Regulation on the protection of geographical indications and designations of origin (No. 2081/92) and the supplementary provisions to it. The Ministry of Agriculture and Forestry has, by virtue of the Act on implementation of the common agricultural policy of the EC (No. 1100/94), given out a Decision on the minimum protection of agricultural products and foodstuffs (No. 933/95), as well as a Decision on certificates concerning special character of agricultural products and foodstuffs (No. 934/1995).

See the answer to question 1 above.

[Answer 1: Geographical indications enjoy general protection under the Consumer Protection Act (No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts. In respect of marketing, sections 1 and 2 contain particularly prohibitions to use marketing allegations or other statements which are contrary to good practice or which may be regarded as misleading marketing. These provisions can be applied, for example, in cases where a product has been released on the market with a label or sign, which could be misleading to the public. Similarly, these provisions can be applied when misleading information of the type, quantity, quality, origin or other characteristics of the product has been given to consumers. The Unfair Business Practises Act provides for specific remedies to prevent forms of exploitation described in Article 22.2 (a) and (b) of the TRIPS Agreement. Also, the Trademarks Act provides a general obligation to refuse registration in cases where the mark applied for is misleading. Thus, a geographical indication must not indicate an origin if there is no real connection between the indicated origin and the used geographical indication. Indications relating to wines and spirits enjoy protection under the Alcohol Act (No. 1143/94). Paragraph 43 states the responsibility of the producer and the importer. According to this provision, the producer and the importer shall answer for the quality and composition of the alcoholic beverages delivered by them for consumption as well as for the circumstance that the product and its labelling and other presentation of it are in compliance with the provisions and regulations issued. The protection of agricultural products and foodstuffs is based on the implementation of the EEC Regulation on the protection of geographical indications and designations of origin (No. 2081/92) and the supplementary provisions to it. The Ministry of Agriculture and Forestry has, by virtue of the Act on implementation of the common agricultural policy of the EC (No. 1100/94), given out a Decision on the minimum protection of agricultural products and foodstuffs (No. 933/95), as well as a Decision on certificates concerning special character of agricultural products and foodstuffs (No. 934/1995).]

Yes, as the protection through the abovementioned Acts applies to all kinds of marketing practices, the protection covers both goods and services.

See the answer to question 1 above.

[Answer 1: Geographical indications enjoy general protection under the Consumer Protection Act (No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts. In respect of marketing, sections 1 and 2 contain particularly prohibitions to use marketing allegations or other statements which are contrary to good practice or which may be regarded as misleading marketing. These provisions can be applied, for example, in cases where a product has been released on the market with a label or sign, which could be misleading to the public. Similarly, these provisions can be applied when misleading information of the type, quantity, quality, origin or other characteristics of the product has been given to consumers. The Unfair Business Practises Act provides for specific remedies to prevent forms of exploitation described in Article 22.2 (a) and (b) of the TRIPS Agreement. Also, the Trademarks Act provides a general obligation to refuse registration in cases where the mark applied for is misleading. Thus, a geographical indication must not indicate an origin if there is no real connection between the indicated origin and the used geographical indication. Indications relating to wines and spirits enjoy protection under the Alcohol Act (No. 1143/94). Paragraph 43 states the responsibility of the producer and the importer. According to this provision, the producer and the importer shall answer for the quality and composition of the alcoholic beverages delivered by them for consumption as well as for the circumstance that the product and its labelling and other presentation of it are in compliance with the provisions and regulations issued. The protection of agricultural products and foodstuffs is based on the implementation of the EEC Regulation on the protection of geographical indications and designations of origin (No. 2081/92) and the supplementary provisions to it. The Ministry of Agriculture and Forestry has, by virtue of the Act on implementation of the common agricultural policy of the EC (No. 1100/94), given out a Decision on the minimum protection of agricultural products and foodstuffs (No. 933/95), as well as a Decision on certificates concerning special character of agricultural products and foodstuffs (No. 934/1995).]

See the answer to question 1 above.

[Answer 1: Geographical indications enjoy general protection under the Consumer Protection Act (No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts. In respect of marketing, sections 1 and 2 contain particularly prohibitions to use marketing allegations or other statements which are contrary to good practice or which may be regarded as misleading marketing. These provisions can be applied, for example, in cases where a product has been released on the market with a label or sign, which could be misleading to the public. Similarly, these provisions can be applied when misleading information of the type, quantity, quality, origin or other characteristics of the product has been given to consumers. The Unfair Business Practises Act provides for specific remedies to prevent forms of exploitation described in Article 22.2 (a) and (b) of the TRIPS Agreement. Also, the Trademarks Act provides a general obligation to refuse registration in cases where the mark applied for is misleading. Thus, a geographical indication must not indicate an origin if there is no real connection between the indicated origin and the used geographical indication. Indications relating to wines and spirits enjoy protection under the Alcohol Act (No. 1143/94). Paragraph 43 states the responsibility of the producer and the importer. According to this provision, the producer and the importer shall answer for the quality and composition of the alcoholic beverages delivered by them for consumption as well as for the circumstance that the product and its labelling and other presentation of it are in compliance with the provisions and regulations issued. The protection of agricultural products and foodstuffs is based on the implementation of the EEC Regulation on the protection of geographical indications and designations of origin (No. 2081/92) and the supplementary provisions to it. The Ministry of Agriculture and Forestry has, by virtue of the Act on implementation of the common agricultural policy of the EC (No. 1100/94), given out a Decision on the minimum protection of agricultural products and foodstuffs (No. 933/95), as well as a Decision on certificates concerning special character of agricultural products and foodstuffs (No. 934/1995).]

The protection of "Lapin puikula-peruna" (a name of a potato brand originating from the Lapland region) has been registered under Council Regulation (EEC) No. 2081/92.

See the joint reply by the European Communities and their member States.

[Answer 7: EC Joint Reply:

Yes, for other agricultural products and other foodstuffs pursuant to Regulation (EEC)

No. 2081/92. Article 13, paragraph 1(b) provides that registered names shall be protected against "any

measure, imitation or evocation, even if the true origin of the product is indicated...".]

See the joint reply by the European Communities and their member States. See also Finland's answers to questions 1, 2, 4 and 5 above and to the explanation therein on our Trademark Act.

[Answer 8: EC Joint Reply:

Wines

Quality wine produced in a specified region (PSR): "specified region" is defined as a winegrowing area or combination of wine-growing areas which produces wine possessing special quality characteristics (Article 3, paragraph 1). It is designed by its geographical name (Article 15, paragraph 3 of Regulation (EEC) No. 823/87). Some exceptions are permitted and enumerated in this Article.

Table wine designated with a geographical unit which is defined as a small locality or group of such localities, a local administrative area or part thereof, a wine-group sub-region or part thereof or a region other than a specified region which is reserved for table wines meeting certain production requirements, particularly as regards vine varieties, minimum natural alcoholic strength by volume and organoleptic characteristics (Article 4, paragraphs 1 and 3 of Regulation (EEC) No. 2392/89).

Member States may make the use of a geographical ascription for designating a table wine conditional, in particular, on the wine having been produced wholly from certain clearly specified vine varieties and coming exclusively from the territory, precisely demarcated, whose name it bears (Article 72, paragraph 2 Regulation (EEC) No. 822/87).

Spirits

On a case-by-case basis as listed in Article 5(3)(b) in conjunction with Annex II of Regulation (EEC) No. 1576/89.

Other products

Regulation (EEC) No. 2081/92 provides in Article 2 for two definitions: "Geographical indication" means the name of a 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.

"Designation of origin" means the name of a 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 of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area.

Furthermore, Article 2, paragraph 3 of Regulation (EEC) No. 2081/92 provides for the protection of 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.

Geographical indications and designations of origin are protected in the same way.]

[Answer 1: Geographical indications enjoy general protection under the Consumer Protection Act (No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts. In respect of marketing, sections 1 and 2 contain particularly prohibitions to use marketing allegations or other statements which are contrary to good practice or which may be regarded as misleading marketing. These provisions can be applied, for example, in cases where a product has been released on the market with a label or sign, which could be misleading to the public. Similarly, these provisions can be applied when misleading information of the type, quantity, quality, origin or other characteristics of the product has been given to consumers. The Unfair Business Practises Act provides for specific remedies to prevent forms of exploitation described in Article 22.2 (a) and (b) of the TRIPS Agreement. Also, the Trademarks Act provides a general obligation to refuse registration in cases where the mark applied for is misleading. Thus, a geographical indication must not indicate an origin if there is no real connection between the indicated origin and the used geographical indication. Indications relating to wines and spirits enjoy protection under the Alcohol Act (No. 1143/94). Paragraph 43 states the responsibility of the producer and the importer. According to this provision, the producer and the importer shall answer for the quality and composition of the alcoholic beverages delivered by them for consumption as well as for the circumstance that the product and its labelling and other presentation of it are in compliance with the provisions and regulations issued. The protection of agricultural products and foodstuffs is based on the implementation of the EEC Regulation on the protection of geographical indications and designations of origin (No. 2081/92) and the supplementary provisions to it. The Ministry of Agriculture and Forestry has, by virtue of the Act on implementation of the common agricultural policy of the EC (No. 1100/94), given out a Decision on the minimum protection of agricultural products and foodstuffs (No. 933/95), as well as a Decision on certificates concerning special character of agricultural products and foodstuffs (No. 934/1995).]

[Answer 2: See the answer to question 1 above.]

[Answer 4: See the answer to question 1 above.]

[Answer 5: See the answer to question 1 above.]

The national legislation is aimed at prohibiting inappropriate marketing and the use of misleading information. Definition is therefore not dependable on whether the link to a certain region is direct or indirect.

See the answer to question 8 above.

[Answer 10: See the joint reply by the European Communities and their member States. See also Finland's answers to questions 1, 2, 4 and 5 above and to the explanation therein on our Trademark Act.]

See the joint reply by the European Communities and their member States.

[Answer 11: EC Joint Reply

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.]

Trademarks.

For agricultural products and foodstuffs, the Finnish Ministry of Agriculture and Forestry defines the geographical region or area for which rights are claimed having received the opinions of the Name Protection Board, the local agricultural authority and the supervisory authority. After examination of the application, the Ministry delivers the application to the European Commission.

See the joint reply by the European Communities and their member States. According to the Finnish Alcohol Act, it is forbidden to give misleading information of the origin or other characteristics of the product. The decision whether the use of a homonymous name is misleading will be taken case by case.

[Answer 14: EC Joint Reply

Wines

Yes, the general principle for the products of the wine sector is that the geographical name can be used only to designate products of the region to which the name had been assigned according to national and Community legislation (Article 15, paragraph 4 of Regulation (EEC) No. 823/87).  With respect to imported wines, paragraphs 2 and 3 of Article 29 of Regulation (EEC) No. 2392/89 apply the same general principle and provide for exceptions only in the case where the name is used in accordance with traditional and consistent usage and on condition that its use is governed by rules in the country concerned.  Due regard must be given to the practical risk of confusion.

Other products

For Member States, if the application concerns a name indicating a geographical area also situated in another Member State, that Member State shall be consulted before any decision is taken (Article 5, paragraph 5 of Regulation (EEC) No. 2081/92).  The question of a homonymous geographical indication is also a criterion for objection to the registration (Article 7, paragraph 3).

For third countries, if a protected name of a third country is identical to a name protected in the Community, registration shall be granted with due regard for local and traditional usage and the practical risks of confusion.  Use of such names shall be authorized only if the country of origin of the product is clearly and visibly indicated on the label (Article 12, paragraph 2).]

Yes, see the joint reply by the European Communities and their member States.

[Answer 15: EC Joint Reply

Yes.

Wines

Article 72a of Regulation (EEC) No. 822/87;

Article 40, paragraph 2 of Regulation (EEC) No. 2392/89;

Article 61, paragraphs 1 and 2 of Regulation (EEC) No. 822/87.

Aromatised wines

Article 10a of Regulation (EEC) No. 1601/90.

Spirits

Article 11a of Regulation (EEC) No. 1576/89.

Other products

Article 12 of Regulation (EEC) No. 2081/92.

In addition, Article 2 of Directive No. 79/112 prohibits misleading information as regards origin or provenance.  This must be understood as applying to origin or provenance referring to third countries as well.]

No.

See the joint reply by the European Communities and their member States. There is no national system for recognition of geographical indications.

[Answer 17: EC Joint Reply

Wines

The recognition must be made by a governmental organisation.

The right of using a geographical indication is reserved for the professionals who are established in the area and who respect the conditions of production already established and recognised.

Other products

Pursuant to Article 5 of Regulation (EEC) No. 2081/92, only a group of producers and/or processors working with the product shall be entitled to apply for registration.]

See the answer to question 13 above.

[Answer 13: For agricultural products and foodstuffs, the Finnish Ministry of Agriculture and Forestry defines the geographical region or area for which rights are claimed having received the opinions of the Name Protection Board, the local agricultural authority and the supervisory authority. After examination of the application, the Ministry delivers the application to the European Commission.]

An application is required to initiate a procedure leading to the recognition of a geographical indication.

No, there are no fees involved.

Registration of a geographical indication can be obtained through a Community procedure for agricultural products and foodstuffs. Criteria for recognition are set out in the Community legislation. (See the joint reply by the Communities and their member States.)

[Answer 21: EC Joint Reply

Wines

No.  Please see the reply to question no. 10 above.

Other products

Please see the answer to question No. 10 above.)

Registration of a geographical indication can be obtained through a Community procedure for agricultural products and foodstuffs. Criteria for recognition are set out in the Community legislation. (See the joint reply by the Communities and their member States.)

[Answer 22: EC Joint Reply - Please see the answer to question no. 10 above.]

Registration of a geographical indication can be obtained through a Community procedure for agricultural products and foodstuffs. Criteria for recognition are set out in the Community legislation. (See the joint reply by the Communities and their member States.)

[Answer 23: EC Joint Reply

Wines

It is the competence of Member States.  However, the applicants must supply all necessary information with respect to the criteria listed in the answer to question no. 10 above.

Other products

Please see the answer to question no. 10 above.]

Registration of a geographical indication can be obtained through a Community procedure for agricultural products and foodstuffs. Criteria for recognition are set out in the Community legislation. (See the joint reply by the Communities and their member States.) For wines and other products the protection is based on the prohibition to give misleading information. (See our earlier replies).

[Answer 24: EC Joint Reply

Wines

This is the competence of Member States. 

Other products

Please see the answer to question no. 10 above.]

Council Regulation No. 2081/92, Article 7 describes the mechanism to oppose the recognition of a geographical indication of an agricultural product or foodstuff.

With respect to agricultural products and foodstuffs, any member State of the European Union and any legitimately concerned natural or legal person may, according to Council Regulation No. 2081/92, Article 7, oppose to the proposed registration. See also Finland's answers to questions 47 and 48 below.

Council Regulation No. 2081/92, Article 12 describes the procedures for agricultural products and foodstuffs.

There is no time limit for recognition of the geographical indications.

There is no time limit for recognition of the geographical indications.

See the joint reply by the European Communities and their member States.

[Answer 30: EC Joint Reply

This condition is not explicitly contained in EC legislation, but the European Commission considers that a geographical indication must be used. Use would be determined on a case-by-case basis if the question arose.]

See the joint reply by the European Communities and their member States.

[Answer 31: EC Joint Reply

No. There is no specified limit for non-use.]

National Food Administration, National Product Control Agency for Welfare and Health as well as the Provincial State Offices direct the monitoring of the use of geographical indications. The municipal authorities primarily carry out supervision in practice. From the standpoint of consumers, the Consumer Ombudsman and the municipal consumer authorities also carry out the monitoring.

The national legislation is based on a structure where the emphasis lies in the assessment whether the indication is misleading or not. The abovementioned monitoring authorities are obliged to carry out surveillance ex officio and they are also entitled to do so by request. Monitoring consists of inspecting documents, storage, sales as well as transport. Also marketing is monitored. Interested parties or consumers may report any deficiencies or misconduct directly to municipal authorities, even though there is no formal procedure for doing so. See also joint replies by the European Communities (Council Regulation No. 2081/92).

The national legislation is based on a structure where the emphasis lies in the assessment whether the indication is misleading or not. The abovementioned monitoring authorities are obliged to carry out surveillance ex officio and they are also entitled to do so by request. Monitoring consists of inspecting documents, storage, sales as well as transport. Also marketing is monitored. Interested parties or consumers may report any deficiencies or misconduct directly to municipal authorities, even though there is no formal procedure for doing so. See also joint replies by the European Communities (Council Regulation No. 2081/92).

The national legislation is based on a structure where the emphasis lies in the assessment whether the indication is misleading or not. The abovementioned monitoring authorities are obliged to carry out surveillance ex officio and they are also entitled to do so by request. Monitoring consists of inspecting documents, storage, sales as well as transport. Also marketing is monitored. Interested parties or consumers may report any deficiencies or misconduct directly to municipal authorities, even though there is no formal procedure for doing so. See also joint replies by the European Communities (Council Regulation No. 2081/92).

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

The right to use a particular geographical indication is determined on the basis of an assessment concerning the product and its characteristics. Thus any person or party may use the geographical indication to the extent that his/her product meets the criteria submitted to obtain the indication in question. Because there is no possibility of obtaining an authorisation in advance, there are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.

There are no provisions covering grandfathered use.

On the Community legislation, see the joint replies by the European Communities. At the national level, the relationship between trademarks and geographical indications is determined mainly in connection with the application procedure for trademark registration. As a general rule, the Trademarks Act excludes the registration of a mark, which can mislead the public on the origin of the product. Also a prior right to a geographical indication (registered on the basis of Council Regulation No. 2081/92) prevents the registration of an identical or similar trademark. If a trademark has been registered contrary to these rules, the registration may be invalidated according to the provisions of the Trademarks Act.

On the Community legislation, see the joint replies by the European Communities. At the national level, the relationship between trademarks and geographical indications is determined mainly in connection with the application procedure for trademark registration. As a general rule, the Trademarks Act excludes the registration of a mark, which can mislead the public on the origin of the product. Also a prior right to a geographical indication (registered on the basis of Council Regulation No. 2081/92) prevents the registration of an identical or similar trademark. If a trademark has been registered contrary to these rules, the registration may be invalidated according to the provisions of the Trademarks Act.

On the Community legislation, see the joint replies by the European Communities. At the national level, the relationship between trademarks and geographical indications is determined mainly in connection with the application procedure for trademark registration. As a general rule, the Trademarks Act excludes the registration of a mark, which can mislead the public on the origin of the product. Also a prior right to a geographical indication (registered on the basis of Council Regulation No. 2081/92) prevents the registration of an identical or similar trademark. If a trademark has been registered contrary to these rules, the registration may be invalidated according to the provisions of the Trademarks Act.

The provision concerning enforcement is available under various laws. Inappropriate acts can be prohibited under Section 2 of the Consumer Protection Act and Section 6 of the Unfair Business Practices Act. When these prohibitions are violated, the Market Court may issue orders, also interim ones, prohibitions or fines of the continuation of such violations. If such an order is not obeyed, a new order may be issued. In addition, compensation for damages shall be paid for violations of such a prohibition. According to Section 49 of the Alcohol Act, alcoholic beverages may be removed from the market, if the product or its presentation is contrary to the provisions and regulations concerning it. A consumer can turn to the Consumer Ombudsman and ask the ombudsman to investigate the matter and to take it to the Market Court. The Ombudsman can also ex officio take up matters concerning misleading marketing. According to the Unfair Business Practices Act, the Market Court may issue an order or a prohibition at the request of an interested party whose rights are violated or whose business is affected by the violation. Filing a complaint with the Consumer Ombudsman is not liable to any fees. When a case is brought to the Market Court, the plaintiff is responsible for the disbursement of the trial fee, which is at the moment Fmk 1,000. A person with limited means may also be granted cost-free proceedings.

The provision concerning enforcement is available under various laws. Inappropriate acts can be prohibited under Section 2 of the Consumer Protection Act and Section 6 of the Unfair Business Practices Act. When these prohibitions are violated, the Market Court may issue orders, also interim ones, prohibitions or fines of the continuation of such violations. If such an order is not obeyed, a new order may be issued. In addition, compensation for damages shall be paid for violations of such a prohibition. According to Section 49 of the Alcohol Act, alcoholic beverages may be removed from the market, if the product or its presentation is contrary to the provisions and regulations concerning it. A consumer can turn to the Consumer Ombudsman and ask the ombudsman to investigate the matter and to take it to the Market Court. The Ombudsman can also ex officio take up matters concerning misleading marketing. According to the Unfair Business Practices Act, the Market Court may issue an order or a prohibition at the request of an interested party whose rights are violated or whose business is affected by the violation. Filing a complaint with the Consumer Ombudsman is not liable to any fees. When a case is brought to the Market Court, the plaintiff is responsible for the disbursement of the trial fee, which is at the moment Fmk 1,000. A person with limited means may also be granted cost-free proceedings.

The provision concerning enforcement is available under various laws. Inappropriate acts can be prohibited under Section 2 of the Consumer Protection Act and Section 6 of the Unfair Business Practices Act. When these prohibitions are violated, the Market Court may issue orders, also interim ones, prohibitions or fines of the continuation of such violations. If such an order is not obeyed, a new order may be issued. In addition, compensation for damages shall be paid for violations of such a prohibition. According to Section 49 of the Alcohol Act, alcoholic beverages may be removed from the market, if the product or its presentation is contrary to the provisions and regulations concerning it. A consumer can turn to the Consumer Ombudsman and ask the ombudsman to investigate the matter and to take it to the Market Court. The Ombudsman can also ex officio take up matters concerning misleading marketing. According to the Unfair Business Practices Act, the Market Court may issue an order or a prohibition at the request of an interested party whose rights are violated or whose business is affected by the violation. Filing a complaint with the Consumer Ombudsman is not liable to any fees. When a case is brought to the Market Court, the plaintiff is responsible for the disbursement of the trial fee, which is at the moment Fmk 1,000. A person with limited means may also be granted cost-free proceedings.

Geographical indications for agricultural products and foodstuffs are notified to the public under the provisions of Council Regulation No. 2081/92. As for other products, there are no specific provisions concerning the publication or the notification of the existence of a geographical indication.

Under the provisions of the Consumer Protection Act and the Unfair Business Practices Act, a violation of an order issued by the Market Court is punishable. Penalties include fines and up to one year’s imprisonment.

Finland is not a party to any international agreement, which would directly concern the notification and/or registration of geographical indications. As a member of the European Union, Finland is under the obligation to implement Community legislation and to conform to the agreements, which the Union has entered into.

Finland is not a party to any international agreement, which would directly concern the notification and/or registration of geographical indications. As a member of the European Union, Finland is under the obligation to implement Community legislation and to conform to the agreements, which the Union has entered into.