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