Protection for geographical indications is provided through the Law on Unfair Competition (Article 2), the Austrian Trademarks Act (e.g., Article 4(1)2 and 4) and the Austrian Wine Law together with the EU Wine Market Organization. A revision of the Trademarks Act with special emphasis on the question of geographical indications is in progress and Parliamentary treatment foreseen for the autumn. According to the provisions of the new Act it will, for example, be possible to register geographical indications as collective marks. Under the Wine Law no registration is required.
Austrian Wine Law 1985, Section 25, 1985 for specified regions for quality wine and table wine with geographical indication ("Landwein") has already been notified. Furthermore to add Article 2 of the Law on Unfair Competition and Article 4(1)2 and 4 of the Trademarks Act.
A reply to this question would only have to be given if question 4 above was answered negatively – yet, this is not the case.
[Answer 4: Austrian Wine Law 1985, Section 25, 1985 for specified regions for quality wine and table wine with geographical indication ("Landwein") has already been notified. Furthermore to add Article 2 of the Law on Unfair Competition and Article 4(1)2 and 4 of the Trademarks Act.]
Examples: specified regions for quality wines such as "Wachau", "Kamptal", "Neusiedler See" or "Weststeiermark". Protection is provided by the Austrian Wine Law 1985, Sections 37 and following (provisions about the Federal Wine Control Authority). Examples for indications protected according to European Regulation No. 2081/92 are as follows: "Wachauer Marille", "Steirisches Kürbiskernöl", "Tiroler Graukäse", "Gailtaler Almkäse", "Vorarlberger Bergkäse".
Yes, European Regulation No. 2081/92 provides such protection.
European Regulation No. 2081/92 defines the terms "geographical indication" and "appellation of origin," but is silent in regard to the term "indication of source". As foreseen in the Community Regulations as well, the Austrian Wine Law states, in any case, that a geographical indication defines the origin of the grapes. Therefore, there is no need for distinction among terms. The relevant Austrian industrial property laws (Trademarks Act and Law on Unfair Competition) as well as the TRIPS Agreement itself, do not expressis verbis contain the terms "appellations of origin" and "indications of source"; therefore, also no criteria to distinguish these terms and "geographical indications" are mentioned.
Definition in the European Regulation No. 2081/92 and in Article 22.1 of the TRIPS Agreement. Origin of wine is given by the origin of grapes.
Geographical indications smaller than Austria are allowed only for "Landwein" or quality wines.
Natural sugar content and some analytical parameters.
All products are strictly defined by the Austrian Wine Law.
Definition of geographical indications is laid down in a federal law (Austrian Wine Law); therefore, the Parliament is the authority which can change the conditions. For products other than wine, there is no national authority defining the geographical area.
Austria: no. Wine Market Organization: European Regulation No. 2392/89 and No. 3201/90.
Protection of foreign indications is given by the Wine Market Organization (European Regulation No. 2392/89). Foreign indications may also be protected by the Law on Unfair Competition and the Trademarks Act, e.g. if they are misleading the public. Several bilateral agreements on geographical indications exist.
Please see the response from the European Communities to this question.
[Answer 16: European Communities
The principle of protection of a geographical indication is recognition and protection in the country of origin.
However, the Directives on labelling and advertising always apply independently of the recognition of a geographical indication in the country of origin.]
Yes. Article 72a of EEC Regulation No. 822/87 is valid for all Member States of the Community. Use of such denominations may be prevented through the Law on Unfair Competition, if the danger of deceiving the public prevails.
Yes. Austria has to follow Article 40 of EEC Regulation No. 2392/89 together with Section 24 of the Austrian Wine Law. The present Trademarks Act, as well as the current amendment, contain provisions in regard to refusal and invalidation of trademarks consisting of or containing geographical indications identifying wines or spirits with respect to wines or spirits not originating in the territory indicated.
Recognition needs the changing of a federal law; applicants, in most cases, are producers' representatives.
The Parliament in regard to the Wine Act.
Recognition by changing the law needs initiatives of an entity or person.
Criteria are geographical. Furthermore, the wine must be "Landwein" or quality wine referring to the conditions of the Austrian Wine Law.
No other criteria.
Exact geographical definition (borders) of the indication.
Majority in the Parliament against the changing of the law.
Anyone who gets the majority against the changing of the law. An examination of the in our view misunderstanding formulation is suggested, as already in the preparatory proceedings for the changing of a law the parties concerned have to be heard.
No national legislation. See EU Regulation No. 2392/89.
As long as the law is applicable.
No renewing outside the law.
The Federal Wine Control Authority defined by Section 37 of the Austrian Wine Law.
The Federal Wine Control Authority can do monitoring whenever it is of the opinion that a geographical indication is used against provisions of the law.
First step: indication to the Federal Wine Control Authority; then monitoring by this Authority. If there is a failure, the Authority indicates it to the regional authority (administrative court), which has to decide.
Initiative by the Federal Wine Control Authority. A private person has to inform the Authority.
No additional criteria.
All determinations are fixed by law. For other products, see the reply by the European Communities to this question.
[Answer 32: European Communities
This is the competence of Member States via their control authorities which are appointed by them.]
[Answer 37: European Communities
Please see the reply to question no. 32 above.
Anybody established in the geographical area and who meets the conditions of the specifications has the right to use the registered name. In other words, a prior authorization is not needed.]
See the reply to question 37 above.
No individual authorized persons.
No need for application in Austria.
Article 72a of EEC Regulation No. 822/87 has been implemented in Austria by a release from the Ministry of Agriculture and Forestry. Therefore, the Federal Wine Control Authority is obliged to monitor this. In regard to cases based on the Unfair Competition Law and the Trademarks Act, priority of rights will be the essential question.
See the reply to question 44 above.
[Answer 44: Article 72a of EEC Regulation No. 822/87 has been implemented in Austria by a release from the Ministry of Agriculture and Forestry. Therefore, the Federal Wine Control Authority is obliged to monitor this. In regard to cases based on the Unfair Competition Law and the Trademarks Act, priority of rights will be the essential question.]
Two possibilities: Federal Wine Control Authority indicates to the regional authority, which decides, or private person searches for decision by court (unfair competition). Cancellation procedure with the nullity division of the Austrian Patent Office.
Austrian and Community regulations do not contain specific rules for homonymous geographical indications. In many cases (Australia, Eastern European countries), the Community lays down detailed rules of procedure in bilateral agreements. Furthermore, in every case, the principle of non-misleading indications has to be fulfilled.
By the Austrian Wine Law. Enforcement may be based on Article 2 of the Unfair Competition Law or Article 4(1)2 and 4 in combination with Article 33 or 33c of the Trademarks Act.
Federal Wine Control Authority, Regional Authority or Court. Unfair Competition Law: competitors; producers; associations of relevant entrepreneurs. Trademarks Act: anybody.
Regional Authority or Court. Fees are involved. Nullity division of the Austrian Patent Office (ATS 2,900).
Law is public in Austria, but no special provisions for geographical indications are foreseen.
No criminal action, only subject to administrative court. Trademarks Act: if geographical indications are protected as collective marks, an infringer may be liable to a fine of 360 times the per diem rate (Article 51 of the Trademarks Act).
All agreements between the EU and third countries.
© World Trade Organization 2023
ver 18.104.22.16829 (26/08/2022 10:49 AM)