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

European Union

In the Netherlands, the Agricultural Produce Decree (Landbouwkwaliteitsbesluit geografische aanduidingen, oorsprongsbenamingen en specifiteitscertificering, hereafter referred to as "LGAOS") is the only regulation that explicitly covers geographical indications. Other regulations refer in more general terms to designations of origin. Since these also include geographical indications, these other regulations will be considered as well. The latter category, however, does not always link a product’s origin with quality, reputation or another essential characteristic. That is why we have considered the regulations referring to these general designations of origin only in the answers to the questions under A. In other sections, these regulations have not been considered, unless this is specifically mentioned. LGAOS is a national decree adopted to implement Council Regulation 2081/92 (EEC), that aims to protect geographical indications and designations of origin. Since EU Regulations also apply under Dutch law, reference is made to Regulation 2081/92 in the answers.

Various national rules provide for the protection of geographical indications and designations of origin: (1) The Civil Code (Burgerlijk Wetboek) protects against wrongful use of geographical indications by means of provisions regarding misleading advertisements. Misleading claims regarding the origin of products or services provided commercially constitute tort (Civil Code, Section 6:194). The civil court can impose compensations or injunctions. No further requirements to ensure protection against misleading claims are defined. (2) The Commodities Act (Warenwet) has a general provision that prohibits advertising for a commodity in the pursuance of a profession or trade in a way that is in violation of the provisions on the designation of the commodity’s origin (Commodities Act, Section 20, paragraph 1, concerning section 8, under c). Under a decree on the labelling of foodstuffs (Warenwetbesluit etikettering van levensmiddelen), pre-packaged food and drinks must indicate the place of origin or provenance to prevent buyers of the product from being misled as to the product’s true origin or provenance. (3) The Dutch Advertising Code was drawn up by the advertising branch for self-regulation. The Code contains a general provision (Section 7) stating that advertisements may not be misleading, notably with respect to a product’s origin or provenance. (4) The Benelux Trademark Law may provide some protection as to geographical indications that have been registered as collective brands (Section 19). The use of geographical indications in accordance with normal trade practice and in everyday language can, however, not be prevented. (5) In addition to the general protection as described above, there are various specific regulations that provide protection of geographical indications: (a) The Agricultural Produce Decree (Landbouwkwaliteitsbesluit geografische aanduidinge, oorsprongsbenamingen en specifiteitscertificering (LGAOS)) was adopted to implement Council Regulation 2081/92. Only registered geographical indications and designations of origin come under this decree. (b) Other agriculture quality regulations (for cheese products, for instance) and regulations adopted under the Industrial Organisation Act (the 1978 wine regulation for instance, laid down by the Central Commodity Board for Arable Products) provide for the use of geographical indications. Sometimes, this concerns the use of the Holland kwaliteit label. Regulations under the Industrial Organisation Act generally lay down the requirements products must meet if they wish to be provided with a certain geographical indication.

The protection provided under the Civil Code, Section 6:194, the Trademark Law and the Dutch Advertising Code applies to all commodities and services. Protection under the Commodities Act applies to all commodities. The Agricultural Produce Decree, the agriculture quality regulations and the regulations adopted under the Industrial Organisation Act only apply to agricultural produce and foodstuffs. Geographical indications not specifically protected under LGAOS enjoy protection under the above mentioned regulations.

The protection of geographical indications only extends to services in cases of misleading advertising (tort) and trademark law.

The Civil Code, Section 6:194, recognises the protection of geographical indications required by Article 22 of the TRIPS Agreement: "Hij die omtrent goederen of diensten die door hem of degene ten behoeve van wie hij handelt in de uitoefening van een beroep of bedrijf worden aangeboden, een mededeling openbaar maakt of laat maken, handelt onrechtmatig, indien deze mededeling in een of meer opzichten misleidend is, zoals ten aanzien van: (...) de herkomst (...) van vervaardigen." ("He who, in the pursuance of a profession or trade, makes public or has made public a statement with respect to goods or services offered by him or on behalf of the person he acts for, acts wrongfully if this statement is misleading in one or more ways, with respect to, for instance, (...) the origin (...) of manufacture.") Protection against unfair competition is provided for by Section 6:162 of the Civil Code: "1. Hij die jegens een ander een onrechtmatige daad pleegt, welke hem kan worden toegerekend, is verplicht de schade die de ander dientengevolge lijdt, te vergoeden. "2. Als onrechtmatige daad worden aangemerkt een inbreuk op een recht en een doen of nalaten in strijd met een wettelijke plicht of met hetgeen volgens ongeschreven recht in het maatschappelijk verkeer betaamt, een en ander behoudens de aanwezigheid van een rechtvaardigingsgrond. "3. Een onrechtmatige daad kan aan de dader worden toegerekend, indien zij te wijten is aan zijn schuld of aan een oorzaak welke krachtens de wet of de in het verkeer geldende opvattingen voor zijn rekening komt." ("1. He who acts wrongfully towards another, for which action he can be held accountable, is obliged to compensate the other party for the damages suffered. "2. A wrongful act is a breach of another’s right and an act or failure to act which is in conflict with legal obligations or unwritten social mores, for which no justification exists. "3. He who commits a wrongful act may be held accountable if the act is the result of his own shortcoming or another cause which by law or in the general social view is his responsibility.")

[No answer provided.]

Most complaints about geographical indications are investigated on the grounds of the Dutch Advertising Code, since filing a complaint with the Advertising Code Foundation is less of a step than filing a complaint under the Civil Code. However, the Advertising Code Foundation is only authorised to make recommendations; it has no power to impose injunctions or compensations. Most complaints pertain to the use of geographical indications such as "Made in Holland" when in actual fact the product concerned was manufactured elsewhere. Most of the remaining cases concern violations of the Benelux Trademark Law. There are no known civil law suits regarding real geographical indications as described in Article 22 of the TRIPS Agreement.

Yes. Regulation 2081/92 offers such protection.

For a definition of geographical indications, LGAOS (the Agricultural Produce Decree) refers to the first paragraph of Article 1 of EU Regulation 2081/92. Next to geographical locations, the EU Regulation also defines designations of origin, for which more stringent requirements apply (the product has qualities or characteristics 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 the product take place in the defined geographical area). Our answers in this document do not pertain to designations of origin.

No, the definition only applies for direct indications, that is the name of a specific place, region or country.

(a) The agricultural product or foodstuff must originate from the region, specific place or, in exceptional cases, country named; (b) the origin of the product is connected to a particular quality, reputation or other characteristic; and (c) the product must be produced and/or processed and/or prepared in the defined geographical area.

No.

See question 2 above (trademark law).

[Answer 2: The protection provided under the Civil Code, Section 6:194, the Trademark Law and the Dutch Advertising Code applies to all commodities and services. Protection under the Commodities Act applies to all commodities. The Agricultural Produce Decree, the agriculture quality regulations and the regulations adopted under the Industrial Organisation Act only apply to agricultural produce and foodstuffs. Geographical indications not specifically protected under LGAOS enjoy protection under the above mentioned regulations.]

The party applying for the registration of a geographical indication must delineate the geographical area, in pursuance of Article 4, paragraph 2(c) of the EC Regulation. The application is assessed by the Central Commodity Board for Arable Products (AKK) (LGAOS, sections 4 and 5, concerning section 2 of the Agricultural Produce Regulation or Landbouwkwaliteitsregeling).

The Verordening hpa Wijn 1997 (wine regulation) laid down by the AKK implements EC Regulation 2392/89 of 24 July 1989, laying down general rules for the description and presentation of wines and grape musts, in the Netherlands.

The Netherlands was not a party to the Madrid Agreement to combat false denominations of origin nor to the Lisbon Agreement to protect and register designations of origin. Under EC Regulation 2081/92, registered geographical indications are protected throughout the EU (Article 2). Under strict conditions, agricultural products or foodstuffs from third countries may be eligible for protection according to the EC Regulation (Article 12). General provisions protect all geographical indications regardless of origin against wrongful use (tort) and misleading advertising (see under questions 1, 2 and 4 above).

[Answer 1: Various national rules provide for the protection of geographical indications and designations of origin: (1) The Civil Code (Burgerlijk Wetboek) protects against wrongful use of geographical indications by means of provisions regarding misleading advertisements. Misleading claims regarding the origin of products or services provided commercially constitute tort (Civil Code, Section 6:194). The civil court can impose compensations or injunctions. No further requirements to ensure protection against misleading claims are defined. (2) The Commodities Act (Warenwet) has a general provision that prohibits advertising for a commodity in the pursuance of a profession or trade in a way that is in violation of the provisions on the designation of the commodity’s origin (Commodities Act, Section 20, paragraph 1, concerning section 8, under c). Under a decree on the labelling of foodstuffs (Warenwetbesluit etikettering van levensmiddelen), pre-packaged food and drinks must indicate the place of origin or provenance to prevent buyers of the product from being misled as to the product’s true origin or provenance. (3) The Dutch Advertising Code was drawn up by the advertising branch for self-regulation. The Code contains a general provision (Section 7) stating that advertisements may not be misleading, notably with respect to a product’s origin or provenance. (4) The Benelux Trademark Law may provide some protection as to geographical indications that have been registered as collective brands (Section 19). The use of geographical indications in accordance with normal trade practice and in everyday language can, however, not be prevented. (5) In addition to the general protection as described above, there are various specific regulations that provide protection of geographical indications: (a) The Agricultural Produce Decree (Landbouwkwaliteitsbesluit geografische aanduidinge, oorsprongsbenamingen en specifiteitscertificering (LGAOS)) was adopted to implement Council Regulation 2081/92. Only registered geographical indications and designations of origin come under this decree. (b) Other agriculture quality regulations (for cheese products, for instance) and regulations adopted under the Industrial Organisation Act (the 1978 wine regulation for instance, laid down by the Central Commodity Board for Arable Products) provide for the use of geographical indications. Sometimes, this concerns the use of the Holland kwaliteit label. Regulations under the Industrial Organisation Act generally lay down the requirements products must meet if they wish to be provided with a certain geographical indication.]

[Answer 2: The protection provided under the Civil Code, Section 6:194, the Trademark Law and the Dutch Advertising Code applies to all commodities and services. Protection under the Commodities Act applies to all commodities. The Agricultural Produce Decree, the agriculture quality regulations and the regulations adopted under the Industrial Organisation Act only apply to agricultural produce and foodstuffs. Geographical indications not specifically protected under LGAOS enjoy protection under the above mentioned regulations.]

[Answer 4: The Civil Code, Section 6:194, recognises the protection of geographical indications required by Article 22 of the TRIPS Agreement: "Hij die omtrent goederen of diensten die door hem of degene ten behoeve van wie hij handelt in de uitoefening van een beroep of bedrijf worden aangeboden, een mededeling openbaar maakt of laat maken, handelt onrechtmatig, indien deze mededeling in een of meer opzichten misleidend is, zoals ten aanzien van: (...) de herkomst (...) van vervaardigen." ("He who, in the pursuance of a profession or trade, makes public or has made public a statement with respect to goods or services offered by him or on behalf of the person he acts for, acts wrongfully if this statement is misleading in one or more ways, with respect to, for instance, (...) the origin (...) of manufacture.") Protection against unfair competition is provided for by Section 6:162 of the Civil Code: "1. Hij die jegens een ander een onrechtmatige daad pleegt, welke hem kan worden toegerekend, is verplicht de schade die de ander dientengevolge lijdt, te vergoeden. "2. Als onrechtmatige daad worden aangemerkt een inbreuk op een recht en een doen of nalaten in strijd met een wettelijke plicht of met hetgeen volgens ongeschreven recht in het maatschappelijk verkeer betaamt, een en ander behoudens de aanwezigheid van een rechtvaardigingsgrond. "3. Een onrechtmatige daad kan aan de dader worden toegerekend, indien zij te wijten is aan zijn schuld of aan een oorzaak welke krachtens de wet of de in het verkeer geldende opvattingen voor zijn rekening komt." ("1. He who acts wrongfully towards another, for which action he can be held accountable, is obliged to compensate the other party for the damages suffered. "2. A wrongful act is a breach of another’s right and an act or failure to act which is in conflict with legal obligations or unwritten social mores, for which no justification exists. "3. He who commits a wrongful act may be held accountable if the act is the result of his own shortcoming or another cause which by law or in the general social view is his responsibility.")]

In the Netherlands, provisions regarding tort and misleading advertising (see under questions 1, 2 and 4 above) protect consumers against misleading geographical indications regardless of whether the indication is protected in the country of origin or not.

[Answer 1: Various national rules provide for the protection of geographical indications and designations of origin: (1) The Civil Code (Burgerlijk Wetboek) protects against wrongful use of geographical indications by means of provisions regarding misleading advertisements. Misleading claims regarding the origin of products or services provided commercially constitute tort (Civil Code, Section 6:194). The civil court can impose compensations or injunctions. No further requirements to ensure protection against misleading claims are defined. (2) The Commodities Act (Warenwet) has a general provision that prohibits advertising for a commodity in the pursuance of a profession or trade in a way that is in violation of the provisions on the designation of the commodity’s origin (Commodities Act, Section 20, paragraph 1, concerning section 8, under c). Under a decree on the labelling of foodstuffs (Warenwetbesluit etikettering van levensmiddelen), pre-packaged food and drinks must indicate the place of origin or provenance to prevent buyers of the product from being misled as to the product’s true origin or provenance. (3) The Dutch Advertising Code was drawn up by the advertising branch for self-regulation. The Code contains a general provision (Section 7) stating that advertisements may not be misleading, notably with respect to a product’s origin or provenance. (4) The Benelux Trademark Law may provide some protection as to geographical indications that have been registered as collective brands (Section 19). The use of geographical indications in accordance with normal trade practice and in everyday language can, however, not be prevented. (5) In addition to the general protection as described above, there are various specific regulations that provide protection of geographical indications: (a) The Agricultural Produce Decree (Landbouwkwaliteitsbesluit geografische aanduidinge, oorsprongsbenamingen en specifiteitscertificering (LGAOS)) was adopted to implement Council Regulation 2081/92. Only registered geographical indications and designations of origin come under this decree. (b) Other agriculture quality regulations (for cheese products, for instance) and regulations adopted under the Industrial Organisation Act (the 1978 wine regulation for instance, laid down by the Central Commodity Board for Arable Products) provide for the use of geographical indications. Sometimes, this concerns the use of the Holland kwaliteit label. Regulations under the Industrial Organisation Act generally lay down the requirements products must meet if they wish to be provided with a certain geographical indication.]

[Answer 2: The protection provided under the Civil Code, Section 6:194, the Trademark Law and the Dutch Advertising Code applies to all commodities and services. Protection under the Commodities Act applies to all commodities. The Agricultural Produce Decree, the agriculture quality regulations and the regulations adopted under the Industrial Organisation Act only apply to agricultural produce and foodstuffs. Geographical indications not specifically protected under LGAOS enjoy protection under the above mentioned regulations.]

[Answer 4: The Civil Code, Section 6:194, recognises the protection of geographical indications required by Article 22 of the TRIPS Agreement: "Hij die omtrent goederen of diensten die door hem of degene ten behoeve van wie hij handelt in de uitoefening van een beroep of bedrijf worden aangeboden, een mededeling openbaar maakt of laat maken, handelt onrechtmatig, indien deze mededeling in een of meer opzichten misleidend is, zoals ten aanzien van: (...) de herkomst (...) van vervaardigen." ("He who, in the pursuance of a profession or trade, makes public or has made public a statement with respect to goods or services offered by him or on behalf of the person he acts for, acts wrongfully if this statement is misleading in one or more ways, with respect to, for instance, (...) the origin (...) of manufacture.") Protection against unfair competition is provided for by Section 6:162 of the Civil Code: "1. Hij die jegens een ander een onrechtmatige daad pleegt, welke hem kan worden toegerekend, is verplicht de schade die de ander dientengevolge lijdt, te vergoeden. "2. Als onrechtmatige daad worden aangemerkt een inbreuk op een recht en een doen of nalaten in strijd met een wettelijke plicht of met hetgeen volgens ongeschreven recht in het maatschappelijk verkeer betaamt, een en ander behoudens de aanwezigheid van een rechtvaardigingsgrond. "3. Een onrechtmatige daad kan aan de dader worden toegerekend, indien zij te wijten is aan zijn schuld of aan een oorzaak welke krachtens de wet of de in het verkeer geldende opvattingen voor zijn rekening komt." ("1. He who acts wrongfully towards another, for which action he can be held accountable, is obliged to compensate the other party for the damages suffered. "2. A wrongful act is a breach of another’s right and an act or failure to act which is in conflict with legal obligations or unwritten social mores, for which no justification exists. "3. He who commits a wrongful act may be held accountable if the act is the result of his own shortcoming or another cause which by law or in the general social view is his responsibility.")]

The rights of a registered geographical indication in pursuance of EC Regulation 2081/92 cannot be held by a natural or legal person. Normally, a group of producers or manufacturers of a product or foodstuff, and in exceptional cases a natural or legal person, may apply for the registration of a geographical indication (Article 5, paragraph 1 of EC Regulation 2081/92). Dutch natural or legal persons wishing to submit such an application must be a member of one of the four commodity boards (milk; fruit and vegetables; poultry eggs and egg products; meat products) (LGAOS, section 6). The National Inspection Service for Livestock and Meat (RVV) is the competent authority for products which do not fall in one of these four categories.

Applications must be submitted to the Central Commodity Board for Arable Products, which is responsible for the primary assessment. It is then passed on to the Minister of Agriculture, Nature Management and Fisheries, who must determine whether the reason for the application is justified and, if so, it is forwarded to the European Commission which completes the registration.

An application procedure is required for the recognition of a geographical indication (see also the answers to questions 17 and 18 above).

[Answer 17: The rights of a registered geographical indication in pursuance of EC Regulation 2081/92 cannot be held by a natural or legal person. Normally, a group of producers or manufacturers of a product or foodstuff, and in exceptional cases a natural or legal person, may apply for the registration of a geographical indication (Article 5, paragraph 1 of EC Regulation 2081/92). Dutch natural or legal persons wishing to submit such an application must be a member of one of the four commodity boards (milk; fruit and vegetables; poultry eggs and egg products; meat products) (LGAOS, section 6). The National Inspection Service for Livestock and Meat (RVV) is the competent authority for products which do not fall in one of these four categories.]

[Answer 18: Applications must be submitted to the Central Commodity Board for Arable Products, which is responsible for the primary assessment. It is then passed on to the Minister of Agriculture, Nature Management and Fisheries, who must determine whether the reason for the application is justified and, if so, it is forwarded to the European Commission which completes the registration.]

No fees are involved in an application or maintenance of rights in a geographical indication.

For a geographical indication to be registered, a product dossier must be submitted containing at least (Article 4, paragraph 2 of EC Regulation 2081/92): a) the name of the agricultural product or foodstuff, including its geographical indication; b) a description of the agricultural product or foodstuff, including, if applicable, its ingredients and primary physical, chemical, microbiological and/or organoleptic characteristics; c) the delineation of the geographical area; d) information indicating that the agricultural product or foodstuff originates from the defined geographical area; e) a description of how the product was made and if applicable, of authentic, regional production methods; f) information proving the product’s relation with the geographical area; g) the name of the competent authority which sees to it that an agricultural product or foodstuff meets the requirements of the product dossier; h) specific information regarding labels on packaging and claims such as ‘protected geographical indication’ or equivalent claims to tradition; i) if applicable, a summary of EU or national conditions which the product must comply with.

For a geographical indication to be registered, a product dossier must be submitted containing at least (Article 4, paragraph 2 of EC Regulation 2081/92): a) the name of the agricultural product or foodstuff, including its geographical indication; b) a description of the agricultural product or foodstuff, including, if applicable, its ingredients and primary physical, chemical, microbiological and/or organoleptic characteristics; c) the delineation of the geographical area; d) information indicating that the agricultural product or foodstuff originates from the defined geographical area; e) a description of how the product was made and if applicable, of authentic, regional production methods; f) information proving the product’s relation with the geographical area; g) the name of the competent authority which sees to it that an agricultural product or foodstuff meets the requirements of the product dossier; h) specific information regarding labels on packaging and claims such as ‘protected geographical indication’ or equivalent claims to tradition; i) if applicable, a summary of EU or national conditions which the product must comply with.

For a geographical indication to be registered, a product dossier must be submitted containing at least (Article 4, paragraph 2 of EC Regulation 2081/92): a) the name of the agricultural product or foodstuff, including its geographical indication; b) a description of the agricultural product or foodstuff, including, if applicable, its ingredients and primary physical, chemical, microbiological and/or organoleptic characteristics; c) the delineation of the geographical area; d) information indicating that the agricultural product or foodstuff originates from the defined geographical area; e) a description of how the product was made and if applicable, of authentic, regional production methods; f) information proving the product’s relation with the geographical area; g) the name of the competent authority which sees to it that an agricultural product or foodstuff meets the requirements of the product dossier; h) specific information regarding labels on packaging and claims such as ‘protected geographical indication’ or equivalent claims to tradition; i) if applicable, a summary of EU or national conditions which the product must comply with.

For a geographical indication to be registered, a product dossier must be submitted containing at least (Article 4, paragraph 2 of EC Regulation 2081/92): a) the name of the agricultural product or foodstuff, including its geographical indication; b) a description of the agricultural product or foodstuff, including, if applicable, its ingredients and primary physical, chemical, microbiological and/or organoleptic characteristics; c) the delineation of the geographical area; d) information indicating that the agricultural product or foodstuff originates from the defined geographical area; e) a description of how the product was made and if applicable, of authentic, regional production methods; f) information proving the product’s relation with the geographical area; g) the name of the competent authority which sees to it that an agricultural product or foodstuff meets the requirements of the product dossier; h) specific information regarding labels on packaging and claims such as ‘protected geographical indication’ or equivalent claims to tradition; i) if applicable, a summary of EU or national conditions which the product must comply with.

Any natural or legal person able to prove that he or she might be economically disadvantaged by the Commission’s intended registration may file an objection within five months of publication of the intended registration in the Official Journal of the EU. A declaration of the grounds of the objection must be sent to the Central Commodity Board for Arable Products. On the basis of this declaration, the Minister of Agriculture shall decide whether or not to object to the registration with the Commission (section 4, Agricultural Produce Regulation). The objection procedure shall be carried out in accordance with the provisions in Article 7 of the EC Regulation (Member States must reach consensus on the objection and failing this the Commission is charged with the decision.)

Any natural or legal person able to prove that he or she might be economically disadvantaged by the Commission’s intended registration may file an objection within five months of publication of the intended registration in the Official Journal of the EU. A declaration of the grounds of the objection must be sent to the Central Commodity Board for Arable Products. On the basis of this declaration, the Minister of Agriculture shall decide whether or not to object to the registration with the Commission (section 4, Agricultural Produce Regulation). The objection procedure shall be carried out in accordance with the provisions in Article 7 of the EC Regulation (Member States must reach consensus on the objection and failing this the Commission is charged with the decision.)

The same procedure applies for geographical indications from third countries as for geographical indications from EU Member States (Article 12 of the EC Regulation).

Unlimited

[No answer provided.]

No.

No.

The five competent authorities named in the answer to question 17 above (LGAOS, section 7).

[Answer 17: The rights of a registered geographical indication in pursuance of EC Regulation 2081/92 cannot be held by a natural or legal person. Normally, a group of producers or manufacturers of a product or foodstuff, and in exceptional cases a natural or legal person, may apply for the registration of a geographical indication (Article 5, paragraph 1 of EC Regulation 2081/92). Dutch natural or legal persons wishing to submit such an application must be a member of one of the four commodity boards (milk; fruit and vegetables; poultry eggs and egg products; meat products) (LGAOS, section 6). The National Inspection Service for Livestock and Meat (RVV) is the competent authority for products which do not fall in one of these four categories.]

[No answer provided.]

No.

[No answer provided.]

A producer or manufacturer wanting to use a protected geographical indication must join one of the organisations listed in the response to question 17 above (section 6, paragraph 2 of LGAOS).

[Answer 17: The rights of a registered geographical indication in pursuance of EC Regulation 2081/92 cannot be held by a natural or legal person. Normally, a group of producers or manufacturers of a product or foodstuff, and in exceptional cases a natural or legal person, may apply for the registration of a geographical indication (Article 5, paragraph 1 of EC Regulation 2081/92). Dutch natural or legal persons wishing to submit such an application must be a member of one of the four commodity boards (milk; fruit and vegetables; poultry eggs and egg products; meat products) (LGAOS, section 6). The National Inspection Service for Livestock and Meat (RVV) is the competent authority for products which do not fall in one of these four categories.]

Members of the organisations listed in the answer to question 17 are authorised to use geographical indications under the supervision of named bodies.

[Answer 17: The rights of a registered geographical indication in pursuance of EC Regulation 2081/92 cannot be held by a natural or legal person. Normally, a group of producers or manufacturers of a product or foodstuff, and in exceptional cases a natural or legal person, may apply for the registration of a geographical indication (Article 5, paragraph 1 of EC Regulation 2081/92). Dutch natural or legal persons wishing to submit such an application must be a member of one of the four commodity boards (milk; fruit and vegetables; poultry eggs and egg products; meat products) (LGAOS, section 6). The National Inspection Service for Livestock and Meat (RVV) is the competent authority for products which do not fall in one of these four categories.]

No fees are involved in acquiring authorisation to use a particular geographical indication.

A dispute regarding the use of a geographical indication by a particular party can be resolved by filing a civil lawsuit against the allegedly unlawful user of this indication (see under question 1 above).

No.

[No answer provided.]

No. The right to use a geographical indication in pursuance of EC Regulation 2081/92 cannot be owned by a natural or legal person; thus, licences are not granted.

An objection against an intended registration of a geographical indication (see the answers to questions 25 and 26 above) may be made on the grounds that the registration would damage an existing brand or product which has exactly or partly the same name and which was legally available on the market on 24 July 1992 (date of publication of the EC Regulation) (Article 7, paragraph 4 of the Regulation).

[Answer 25: Any natural or legal person able to prove that he or she might be economically disadvantaged by the Commission’s intended registration may file an objection within five months of publication of the intended registration in the Official Journal of the EU. A declaration of the grounds of the objection must be sent to the Central Commodity Board for Arable Products. On the basis of this declaration, the Minister of Agriculture shall decide whether or not to object to the registration with the Commission (section 4, Agricultural Produce Regulation). The objection procedure shall be carried out in accordance with the provisions in Article 7 of the EC Regulation (Member States must reach consensus on the objection and failing this the Commission is charged with the decision.)]

[Answer 26: Any natural or legal person able to prove that he or she might be economically disadvantaged by the Commission’s intended registration may file an objection within five months of publication of the intended registration in the Official Journal of the EU. A declaration of the grounds of the objection must be sent to the Central Commodity Board for Arable Products. On the basis of this declaration, the Minister of Agriculture shall decide whether or not to object to the registration with the Commission (section 4, Agricultural Produce Regulation). The objection procedure shall be carried out in accordance with the provisions in Article 7 of the EC Regulation (Member States must reach consensus on the objection and failing this the Commission is charged with the decision.)]

The licenceholder of an existing brand can object to an intended registration of a particular geographical indication (see the answer to question 43 above). The registration of a brand which coincides with a particular geographical indication will be rejected, unless the registration was applied for or obtained before the publication of the registration-application of the geographical indication concerned. Brands registered in contradiction with this ruling shall be rendered null (Article 14, paragraph 1 of the EC Regulation). A brand which is equivalent to a geographical indication and which was submitted for registration in good faith before an application was made for a geographical indication may be used, provided that it does not consist exclusively of names used in trade to indicate a designation of origin, or which could mislead the public as to the place of origin (Article 14, paragraph 2 of the Regulation concerning Article 3, paragraph 1, sub c and sub g of the EC Trademark Directive). A geographical indication will not be registered if, in view of a brand’s name and fame and the length of time that it has been used, the registration might mislead consumers as to the real identity of a product with such a geographical indication (Article 14, paragraph 3 of the Regulation). In accordance with the Benelux Trademark Law (section 5(2c)), the right to hold a brand is withdrawn if the brandname of the goods or services concerned is used in such a way that the public may have been misled regarding the geographical origin of the goods or services. An amendment to the Benelux Trademark Law will come into effect shortly, rendering registered brands null and void which bear geographical indications or which pertain to wines or spirits which do not originate from the geographical area named on the mark (section 4, under 7 Benelux Merkenwet).

The licenceholder of an existing brand can object to an intended registration of a particular geographical indication (see the answer to question 43 above). The registration of a brand which coincides with a particular geographical indication will be rejected, unless the registration was applied for or obtained before the publication of the registration-application of the geographical indication concerned. Brands registered in contradiction with this ruling shall be rendered null (Article 14, paragraph 1 of the EC Regulation). A brand which is equivalent to a geographical indication and which was submitted for registration in good faith before an application was made for a geographical indication may be used, provided that it does not consist exclusively of names used in trade to indicate a designation of origin, or which could mislead the public as to the place of origin (Article 14, paragraph 2 of the Regulation concerning Article 3, paragraph 1, sub c and sub g of the EC Trademark Directive). A geographical indication will not be registered if, in view of a brand’s name and fame and the length of time that it has been used, the registration might mislead consumers as to the real identity of a product with such a geographical indication (Article 14, paragraph 3 of the Regulation). In accordance with the Benelux Trademark Law (section 5(2c)), the right to hold a brand is withdrawn if the brandname of the goods or services concerned is used in such a way that the public may have been misled regarding the geographical origin of the goods or services. An amendment to the Benelux Trademark Law will come into effect shortly, rendering registered brands null and void which bear geographical indications or which pertain to wines or spirits which do not originate from the geographical area named on the mark (section 4, under 7 Benelux Merkenwet).

The licenceholder of an existing brand can object to an intended registration of a particular geographical indication (see the answer to question 43 above). The registration of a brand which coincides with a particular geographical indication will be rejected, unless the registration was applied for or obtained before the publication of the registration-application of the geographical indication concerned. Brands registered in contradiction with this ruling shall be rendered null (Article 14, paragraph 1 of the EC Regulation). A brand which is equivalent to a geographical indication and which was submitted for registration in good faith before an application was made for a geographical indication may be used, provided that it does not consist exclusively of names used in trade to indicate a designation of origin, or which could mislead the public as to the place of origin (Article 14, paragraph 2 of the Regulation concerning Article 3, paragraph 1, sub c and sub g of the EC Trademark Directive). A geographical indication will not be registered if, in view of a brand’s name and fame and the length of time that it has been used, the registration might mislead consumers as to the real identity of a product with such a geographical indication (Article 14, paragraph 3 of the Regulation). In accordance with the Benelux Trademark Law (section 5(2c)), the right to hold a brand is withdrawn if the brandname of the goods or services concerned is used in such a way that the public may have been misled regarding the geographical origin of the goods or services. An amendment to the Benelux Trademark Law will come into effect shortly, rendering registered brands null and void which bear geographical indications or which pertain to wines or spirits which do not originate from the geographical area named on the mark (section 4, under 7 Benelux Merkenwet).

The competent authorities listed in the response to question 17 above enforce compliance with the provisions in a product dossier and carry out inspections of products bearing a geographical indication (section 7 of LGAOS). In addition, the Health Protection Inspectorate (Government Food Inspection Service) is authorised to hand out fines and initiate lawsuits. The Civil Code protects against unlawful use of a geographical indication on the grounds of Acts described in the answer to question 1 above (under (1), (2), (4) and (5)). Self-regulation, mentioned under (3) in that answer, is realised through the Advertising Code Foundation.

Any person wanting to be protected against misleading geographical indications.

See the answer to question 47 above.

[Answer 47: The competent authorities listed in the response to question 17 above enforce compliance with the provisions in a product dossier and carry out inspections of products bearing a geographical indication (section 7 of LGAOS). In addition, the Health Protection Inspectorate (Government Food Inspection Service) is authorised to hand out fines and initiate lawsuits. The Civil Code protects against unlawful use of a geographical indication on the grounds of Acts described in the answer to question 1 above (under (1), (2), (4) and (5)). Self-regulation, mentioned under (3) in that answer, is realised through the Advertising Code Foundation.]

Intended registrations of geographical indications are published in the so-called PBO newsletter (of the Central Commodity Board for Arable Products) immediately following publication in the Official Journal of the EU.

Members of the organisations listed in the answer to question 17 above found in violation of LGAOS will be disciplined, unless the prosecuting attorney in consultation with the competent authority concerned decides that the violation must be tried in the criminal court of law (see section 13 concerning section 18(2) of the Landbouwkwaliteitswet). Disciplinary measures are: reprimands, monetary fines up to Dfl. 10,000, increased supervision for a maximum of two years and publication of the disciplinary decision. Violations by non-members will always be treated as a criminal offence. A person found guilty of breaching the Landbouwkwaliteitswet (Agricultural Produce Act) will be sentenced in pursuance of the Wet op Economische Delicten (Economic Misdemeanours Act), with a maximum fine of Dfl. 25,000.

No.

No agreements with any relevance to geographical indications.