In Germany the following mechanisms for the protection of geographical indications exist: - EC-wide protection under EC Regulation No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ No. L 208, 24 July 1992, p. 1), which is directly applicable in Germany; this Regulation does not apply to wines and spirits; - EC-wide protection of geographical indications for wines (EC Regulation No. 2392/89, OJ No. L 232, 9 August 1989, p. 13) and spirits (EC Regulation No. 1576/89, OJ No. L 160, 12 June 1989, p. 1); - protection against unfair and misleading use of a geographical indication under German law; - protection as a collective mark; - protection of geographical indications for wines under the German Wine Act (Weingesetz); - national protection of certain geographical indications for spirits. With regard to protection under Regulation 2081/92, Part 6, Chapter 2 of the German Trade Mark Law contains provisions dealing with purely procedural matters. The material prerequisites for protection are contained in the Regulation itself which is directly applicable in Germany. Apart from the system established by EC Regulation 2081/92, no system of registration of geographical indications exists in Germany. Protection of geographical indications in German law (which are called "geographische Herkunftsangaben", i.e. "indications of geographical origin") is based on legal provisions prohibiting acts contrary to honest business practices; and especially acts likely to mislead or deceive the public. According to Section 127, paragraph 1 of the Trade Mark Law, geographical indications are protected against misleading use. Paragraph 2 of Section 127 of the Trade Mark Law protects geographical indications which stand - in the public view, i.e. in the relevant trade circles - not only for the origin of the product but also for a certain quality. In such cases, the geographical indication may not be used for products which do not have the quality generally associated with products bearing the geographical indication in question. The relevant quality standard is not elaborately determined by a product specification, it rather depends on what the relevant sectors of the public expect of a product bearing the geographical indication in question. According to Section 127, paragraph 3 of the Trade Mark Law, geographical indications which have acquired a particular reputation are protected against any damage to or exploitation of such reputation, irrespective of whether or not the public is being misled. These provisions are supplemented by Section 3 of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb) and Section 17, paragraph 1, No. 5 of the Act on Foodstuffs and Commodities (Lebensmittel-und Bedanfsgegenständegesetz). Both forbid misleading designations. All these provisions are also applicable to geographical indications which designate a place or an area outside Germany. Geographical indications for goods or services can also be registered as collective marks (Sections 97 and 99 Trade Mark Law). It is, however, not possible to register a geographical indication as a trade mark (see Section 8, paragraph 2, No. 2 of the Trade Mark Law), unless a trade mark contains a geographical indication and has - by virtue of its use in affected trade circles - established itself as the distinguishing sign for the goods or services for which the trade mark has been filed (see Section 8, paragraph 3 of the Trade Mark Law). Geographical indications for wines are governed by Section 23, paragraph 1 of the Wine Act (Weingesetz). Some of the admissible geographical indications are laid down in the Wine Act itself, some are governed by ordinances of the Federal Ministry of Food, Agriculture and Forestry, and some have been laid down by the Land governments and the communities. In principle, everyone producing wine made from grapes cultivated in a specific geographical unit is allowed to use - without any further recognition procedure - the geographical indication of that unit.

(a) General The protection against unfair or misleading use and the protection as collective marks (see under question 1 above) covers geographical indications for all sorts of goods or services. EC law provides protection according to special regimes for wines (EC Regulation No. 2392/89, OJ No. L 232, 9 August 1989, p. 13), spirits (EC Regulation No. 1576/89, OJ No. L 160, 12 June 1989, p. 1), foodstuffs and agricultural products (EC Regulation No. 2081/92, OJ No. L 208, 24 July 1992, p. 1). In addition to that, Section 137 of the Trade Mark Law authorizes the Federal Ministry of Justice to lay down by legal ordinance detailed provisions concerning individual indications of geographical origin, including the area of origin, the quality or other properties of the goods to which the geographical indication applies, and the way the indication is used. The only legal ordinance which has yet been passed concerns steel from the town of Solingen, (Verordnung zum Schutz des Namens Solingen, i.e. "Ordinance for the Protection of the Name Solingen" of 16 December 1994, BGBl. I.S. 3833). (b) Geographical indications for wines In the wine sector, there is a regime under public law governing geographical indications. The relevant provisions are laid down in EC wine law and in the rules of the Wine Act and the Wine Ordinance (Federal law) as well as in the Regulations and Acts of the Länder.4 (c) Geographical indications for spirits Apart from 19 German spirit drinks with geographical descriptions, protected under the EC Regulation on Spirit Drinks No. 1576/89 (OJ EC No. L 160 of 12 June 1989): - one spirit drink is currently protected in the national ordinance on spirit drinks (Deutscher Weinbrand); and - two spirit drinks in the so-called German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These are, however, no legal norms in form and in substance. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. Apart from that, the general protection against unfair or misleading use of geographical indications applies (e.g. Bayerischer Bärwurz, Pfälzer Weinbrand).

The general protection against unfair or misleading use and the protection as collective marks (see under question 1 above) also extends to services.

[Answer 1: In Germany the following mechanisms for the protection of geographical indications exist: - EC-wide protection under EC Regulation No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ No. L 208, 24 July 1992, p. 1), which is directly applicable in Germany; this Regulation does not apply to wines and spirits; - EC-wide protection of geographical indications for wines (EC Regulation No. 2392/89, OJ No. L 232, 9 August 1989, p. 13) and spirits (EC Regulation No. 1576/89, OJ No. L 160, 12 June 1989, p. 1); - protection against unfair and misleading use of a geographical indication under German law; - protection as a collective mark; - protection of geographical indications for wines under the German Wine Act (Weingesetz); - national protection of certain geographical indications for spirits. With regard to protection under Regulation 2081/92, Part 6, Chapter 2 of the German Trade Mark Law contains provisions dealing with purely procedural matters. The material prerequisites for protection are contained in the Regulation itself which is directly applicable in Germany. Apart from the system established by EC Regulation 2081/92, no system of registration of geographical indications exists in Germany. Protection of geographical indications in German law (which are called "geographische Herkunftsangaben", i.e. "indications of geographical origin") is based on legal provisions prohibiting acts contrary to honest business practices; and especially acts likely to mislead or deceive the public. According to Section 127, paragraph 1 of the Trade Mark Law, geographical indications are protected against misleading use. Paragraph 2 of Section 127 of the Trade Mark Law protects geographical indications which stand - in the public view, i.e. in the relevant trade circles - not only for the origin of the product but also for a certain quality. In such cases, the geographical indication may not be used for products which do not have the quality generally associated with products bearing the geographical indication in question. The relevant quality standard is not elaborately determined by a product specification, it rather depends on what the relevant sectors of the public expect of a product bearing the geographical indication in question. According to Section 127, paragraph 3 of the Trade Mark Law, geographical indications which have acquired a particular reputation are protected against any damage to or exploitation of such reputation, irrespective of whether or not the public is being misled. These provisions are supplemented by Section 3 of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb) and Section 17, paragraph 1, No. 5 of the Act on Foodstuffs and Commodities (Lebensmittel-und Bedanfsgegenständegesetz). Both forbid misleading designations. All these provisions are also applicable to geographical indications which designate a place or an area outside Germany. Geographical indications for goods or services can also be registered as collective marks (Sections 97 and 99 Trade Mark Law). It is, however, not possible to register a geographical indication as a trade mark (see Section 8, paragraph 2, No. 2 of the Trade Mark Law), unless a trade mark contains a geographical indication and has - by virtue of its use in affected trade circles - established itself as the distinguishing sign for the goods or services for which the trade mark has been filed (see Section 8, paragraph 3 of the Trade Mark Law). Geographical indications for wines are governed by Section 23, paragraph 1 of the Wine Act (Weingesetz). Some of the admissible geographical indications are laid down in the Wine Act itself, some are governed by ordinances of the Federal Ministry of Food, Agriculture and Forestry, and some have been laid down by the Land governments and the communities. In principle, everyone producing wine made from grapes cultivated in a specific geographical unit is allowed to use - without any further recognition procedure - the geographical indication of that unit.]

(a) General protection of geographical indications irrespective of the goods or services concerned In order to enjoy the kind of protection against unfair or misleading use described in the answer to question 1 above, geographical indications do not have to be formally recognized in an administrative procedure. Such protection is afforded if the relevant sectors of the public in Germany understand the indication in question as referring to the geographical origin of the goods or services to which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stahl, Pfälzer Weinbrand) or because the origin is "indirectly" referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture which suggests a certain geographical origin. Whether this is the case may have to be proved in court. Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law Against Unfair Competition). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Mark Law and Section 13, paragraph 2 of the Law Against Unfair Competition). This is in line with Article 22.2 of the TRIPS Agreement. (b) Geographical indications for wines According to Article 72(a) of Regulation (EEC) No. 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. "Misleading" also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the Wine Act). According to Section 23, paragraph 1 of the Wine Act, only the following indications of origin of products may be used: (1) for quality wine psr, in addition to the name of the specified region prescribed on the basis of legal acts by the European Community: (a) the names of the vineyard sites and areas registered in the vineyard register; (b) the names of communities and places; (2) for vin de pays (Landwein) the names of areas cultivating it; (3) for table wine which has not been defined as vin de pays (Landwein) the names of wine-growing areas and subregions. Section 3 of the Wine Act lays down the 13 German wine-growing areas. According to Section 23, paragraph 4 of the Wine Act the Land5 governments regulate the establishment and keeping of the vineyard register (register of vineyard sites and areas). In doing so, they have to lay down, for the geographical units of vineyard site and area: (1) the demarcation; (2) detailed prerequisites and the procedure for registrations and deletions including determination of the names; (3) application eligibility as well as content and form of the applications for registration of vineyard sites and areas in the vineyard register; (4) registration ex officio and deletion. Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays (Landwein). Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their subregions. (c) Additional protection of geographical indications for spirits Additional protection is provided by the following provisions: - Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn and Kornbrand; - Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89; - Section 2 of the national ordinance on spirit drinks (Deutscher Weinbrand); - German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These definitions represent a written summary of the generally accepted view on the composition and labelling of the individual categories of spirit drinks, which the German spirit drinks industry has elaborated in agreement with business circles and consumers. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. In addition to the mechanisms mentioned in this response under (a) above, misleading use of geographical indications for spirits can be enjoined by virtue of an administrative procedure under food law. This is, for instance, the case when a manufacturer of spirit drinks markets a product with an indication which the general public understands as pointing to the geographical origin of the product, but the product does not in any way come from this region (no raw materials from this region, no manufacturing or production stages in this region), e.g. if a German enterprise were to produce a Weinbrand (brandy) in Hamburg from French wines and market the brandy under the geographical indication Pfälzer Weinbrand. Competitors, consumer protection associations or the protective association for spirit drinks can turn to the food inspection authorities locally responsible for the surveillance of the composition and presentation of spirit drinks and request them to issue an administrative injunction. Against this injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure, and, if the administrative opposition procedure was unsuccessful, legal proceedings in an administrative court.

(a) General protection of geographical indications irrespective of the goods or services concerned In order to enjoy the kind of protection against unfair or misleading use described in the answer to question 1 above, geographical indications do not have to be formally recognized in an administrative procedure. Such protection is afforded if the relevant sectors of the public in Germany understand the indication in question as referring to the geographical origin of the goods or services to which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stahl, Pfälzer Weinbrand) or because the origin is "indirectly" referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture which suggests a certain geographical origin. Whether this is the case may have to be proved in court. Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law Against Unfair Competition). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Mark Law and Section 13, paragraph 2 of the Law Against Unfair Competition). This is in line with Article 22.2 of the TRIPS Agreement. (b) Geographical indications for wines According to Article 72(a) of Regulation (EEC) No. 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. "Misleading" also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the Wine Act). According to Section 23, paragraph 1 of the Wine Act, only the following indications of origin of products may be used: (1) for quality wine psr, in addition to the name of the specified region prescribed on the basis of legal acts by the European Community: (a) the names of the vineyard sites and areas registered in the vineyard register; (b) the names of communities and places; (2) for vin de pays (Landwein) the names of areas cultivating it; (3) for table wine which has not been defined as vin de pays (Landwein) the names of wine-growing areas and subregions. Section 3 of the Wine Act lays down the 13 German wine-growing areas. According to Section 23, paragraph 4 of the Wine Act the Land5 governments regulate the establishment and keeping of the vineyard register (register of vineyard sites and areas). In doing so, they have to lay down, for the geographical units of vineyard site and area: (1) the demarcation; (2) detailed prerequisites and the procedure for registrations and deletions including determination of the names; (3) application eligibility as well as content and form of the applications for registration of vineyard sites and areas in the vineyard register; (4) registration ex officio and deletion. Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays (Landwein). Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their subregions. (c) Additional protection of geographical indications for spirits Additional protection is provided by the following provisions: - Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn and Kornbrand; - Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89; - Section 2 of the national ordinance on spirit drinks (Deutscher Weinbrand); - German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These definitions represent a written summary of the generally accepted view on the composition and labelling of the individual categories of spirit drinks, which the German spirit drinks industry has elaborated in agreement with business circles and consumers. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. In addition to the mechanisms mentioned in this response under (a) above, misleading use of geographical indications for spirits can be enjoined by virtue of an administrative procedure under food law. This is, for instance, the case when a manufacturer of spirit drinks markets a product with an indication which the general public understands as pointing to the geographical origin of the product, but the product does not in any way come from this region (no raw materials from this region, no manufacturing or production stages in this region), e.g. if a German enterprise were to produce a Weinbrand (brandy) in Hamburg from French wines and market the brandy under the geographical indication Pfälzer Weinbrand. Competitors, consumer protection associations or the protective association for spirit drinks can turn to the food inspection authorities locally responsible for the surveillance of the composition and presentation of spirit drinks and request them to issue an administrative injunction. Against this injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure, and, if the administrative opposition procedure was unsuccessful, legal proceedings in an administrative court.

(a) General protection of geographical indications irrespective of the goods or services concerned In order to enjoy the kind of protection against unfair or misleading use described in the answer to question 1 above, geographical indications do not have to be formally recognized in an administrative procedure. Such protection is afforded if the relevant sectors of the public in Germany understand the indication in question as referring to the geographical origin of the goods or services to which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stahl, Pfälzer Weinbrand) or because the origin is "indirectly" referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture which suggests a certain geographical origin. Whether this is the case may have to be proved in court. Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law Against Unfair Competition). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Mark Law and Section 13, paragraph 2 of the Law Against Unfair Competition). This is in line with Article 22.2 of the TRIPS Agreement. (b) Geographical indications for wines According to Article 72(a) of Regulation (EEC) No. 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. "Misleading" also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the Wine Act). According to Section 23, paragraph 1 of the Wine Act, only the following indications of origin of products may be used: (1) for quality wine psr, in addition to the name of the specified region prescribed on the basis of legal acts by the European Community: (a) the names of the vineyard sites and areas registered in the vineyard register; (b) the names of communities and places; (2) for vin de pays (Landwein) the names of areas cultivating it; (3) for table wine which has not been defined as vin de pays (Landwein) the names of wine-growing areas and subregions. Section 3 of the Wine Act lays down the 13 German wine-growing areas. According to Section 23, paragraph 4 of the Wine Act the Land5 governments regulate the establishment and keeping of the vineyard register (register of vineyard sites and areas). In doing so, they have to lay down, for the geographical units of vineyard site and area: (1) the demarcation; (2) detailed prerequisites and the procedure for registrations and deletions including determination of the names; (3) application eligibility as well as content and form of the applications for registration of vineyard sites and areas in the vineyard register; (4) registration ex officio and deletion. Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays (Landwein). Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their subregions. (c) Additional protection of geographical indications for spirits Additional protection is provided by the following provisions: - Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn and Kornbrand; - Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89; - Section 2 of the national ordinance on spirit drinks (Deutscher Weinbrand); - German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These definitions represent a written summary of the generally accepted view on the composition and labelling of the individual categories of spirit drinks, which the German spirit drinks industry has elaborated in agreement with business circles and consumers. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. In addition to the mechanisms mentioned in this response under (a) above, misleading use of geographical indications for spirits can be enjoined by virtue of an administrative procedure under food law. This is, for instance, the case when a manufacturer of spirit drinks markets a product with an indication which the general public understands as pointing to the geographical origin of the product, but the product does not in any way come from this region (no raw materials from this region, no manufacturing or production stages in this region), e.g. if a German enterprise were to produce a Weinbrand (brandy) in Hamburg from French wines and market the brandy under the geographical indication Pfälzer Weinbrand. Competitors, consumer protection associations or the protective association for spirit drinks can turn to the food inspection authorities locally responsible for the surveillance of the composition and presentation of spirit drinks and request them to issue an administrative injunction. Against this injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure, and, if the administrative opposition procedure was unsuccessful, legal proceedings in an administrative court.

Section 8, paragraph 2, No. 2 of the Trade Mark Law provides that "trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the … geographical origin … of the goods or of the rendering of the services" shall not be registered ex officio. An exemption exists for such trademarks which - by virtue of the use which has been made of them - have established themselves in affected trade circles as the distinguishing sign for the goods or services for which such marks were filed (Section 8, paragraph 3 of the Trade Mark Law). If a geographical indication has been registered in violation of these provisions, everybody may request the German Patent Office to cancel the registration (see Section 50, paragraph 1, No. 3, and paragraph 2 of the Trade Mark Law). These provisions are of general applicability. They are not limited to geographical indications for wines or spirits, but cover all sorts of geographical indications, "direct" or "indirect" (see under questions 4-6 above), domestic or foreign.

[Answer 4-6: (a) General protection of geographical indications irrespective of the goods or services concerned In order to enjoy the kind of protection against unfair or misleading use described in the answer to question 1 above, geographical indications do not have to be formally recognized in an administrative procedure. Such protection is afforded if the relevant sectors of the public in Germany understand the indication in question as referring to the geographical origin of the goods or services to which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stahl, Pfälzer Weinbrand) or because the origin is "indirectly" referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture which suggests a certain geographical origin. Whether this is the case may have to be proved in court. Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law Against Unfair Competition). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Mark Law and Section 13, paragraph 2 of the Law Against Unfair Competition). This is in line with Article 22.2 of the TRIPS Agreement. (b) Geographical indications for wines According to Article 72(a) of Regulation (EEC) No. 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. "Misleading" also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the Wine Act). According to Section 23, paragraph 1 of the Wine Act, only the following indications of origin of products may be used: (1) for quality wine psr, in addition to the name of the specified region prescribed on the basis of legal acts by the European Community: (a) the names of the vineyard sites and areas registered in the vineyard register; (b) the names of communities and places; (2) for vin de pays (Landwein) the names of areas cultivating it; (3) for table wine which has not been defined as vin de pays (Landwein) the names of wine-growing areas and subregions. Section 3 of the Wine Act lays down the 13 German wine-growing areas. According to Section 23, paragraph 4 of the Wine Act the Land5 governments regulate the establishment and keeping of the vineyard register (register of vineyard sites and areas). In doing so, they have to lay down, for the geographical units of vineyard site and area: (1) the demarcation; (2) detailed prerequisites and the procedure for registrations and deletions including determination of the names; (3) application eligibility as well as content and form of the applications for registration of vineyard sites and areas in the vineyard register; (4) registration ex officio and deletion. Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays (Landwein). Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their subregions. (c) Additional protection of geographical indications for spirits Additional protection is provided by the following provisions: - Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn and Kornbrand; - Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89; - Section 2 of the national ordinance on spirit drinks (Deutscher Weinbrand); - German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These definitions represent a written summary of the generally accepted view on the composition and labelling of the individual categories of spirit drinks, which the German spirit drinks industry has elaborated in agreement with business circles and consumers. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. In addition to the mechanisms mentioned in this response under (a) above, misleading use of geographical indications for spirits can be enjoined by virtue of an administrative procedure under food law. This is, for instance, the case when a manufacturer of spirit drinks markets a product with an indication which the general public understands as pointing to the geographical origin of the product, but the product does not in any way come from this region (no raw materials from this region, no manufacturing or production stages in this region), e.g. if a German enterprise were to produce a Weinbrand (brandy) in Hamburg from French wines and market the brandy under the geographical indication Pfälzer Weinbrand. Competitors, consumer protection associations or the protective association for spirit drinks can turn to the food inspection authorities locally responsible for the surveillance of the composition and presentation of spirit drinks and request them to issue an administrative injunction. Against this injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure, and, if the administrative opposition procedure was unsuccessful, legal proceedings in an administrative court.]

(a) Geographical Indications for Wines Under Article 72(a) of Regulation (EEC) 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, to prevent in the Community the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". According to Section 3 of the Act Against Unfair Competitions (Gesetz gegen den unlauteren Wettbewerb), the persons concerned may claim injunctive relief under civil law. Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. Misleading also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraphs 1 and 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 48, No. 4 of the Wine Act). (b) Geographical Indications for Spirits Under the Act on Foods and Commodities (Article 17) as well as under the Act Against Unfair Competition (Article 3), imposing a general ban on the misrepresentation and deception of consumers, it is in any case inadmissible to place a spirit drink on the market under a protected geographical indication, unless it comes from this geographical region. Neither would the use of indications such as, for example "according to type", "similar" etc. render it admissible. It should be pointed out in the context that the use of such "indications of similarity" is expressly prohibited under Article 8 of the EC Regulation on spirit drinks, No. 1576/89, already in the case of protected generic designations such as whisky, for example. It would all the more be inadmissible for protected geographical indications, which are to be protected more strongly than generic designations (so-called "all the more" conclusion). To sum up, it may be said that in the spirit drinks sector the civil persons concerned (competitors, consumer or producer protection associations) can take action against the inadmissible use of geographical indications by a judicial injunction under Article 3 of the Act Against Unfair Competition, or alternatively the responsible food control authorities, can resort to official enforcement under Article 17 of the Act on Foods and Commodities.

(a) General protection of geographical indications irrespective of the goods or services concerned Section 126, paragraph 1 of the Trade Mark Law defines geographical indications ("geographische Herkunftsangaben") as "names of places, areas, regions or countries as well as other indications or signs used in the course of trade to identify the geographical origin of goods or services". According to Section 126, paragraph 2 of the Trade Mark Law, names, indications or signs of a generic nature shall not be eligible for protection as geographical indications. (b) Geographical indications for wines EC wine legislation and the German Wine Act use different legal definitions to identify the origin of specific products. According to Article 6 of Regulation (EEC) No. 823/87 quality wines psr may be obtained only from grapes of vine varieties harvested within the specified region. Name of a geographical unit (Article 2, paragraph 3(a); Article 4, paragraph 1; Article 11, paragraph 2(i); Article 13, paragraph 1; Article 20, paragraph 3(a); Article 29, paragraph 1 of Regulation (EEC) No. 2392/98. This is the name of a specified region, a region which is not a specified one (wine-growing area or area cultivating vin de pays (Landwein)), a subregion or part of a subregion, a community or part thereof, a vineyard site or a unit comprising several vineyard sites (collective site or area). The Geographical designation ("Geographische Bezeichnung") (Title of Section 23 of the Wine Act). The catalogue of admissible geographical indications under the German Wine Act includes the following: the name of the specified wine-growing area, names of vineyard sites and areas registered in the vineyard register, names of communities and parts thereof, names of areas cultivating vin de pays (Landwein), names of areas, names of wine-growing areas and subregions. This catalogue basically matches that containing the names of geographical units of EC legislation, but makes their use conditional on specific prerequisites or restricts their use. Geographical indication ("Geographische Angabe") (Article 26, subparagraph 1(a); paragraph 2(b); Article 29 of Regulation (EEC) No. 2392/89; heading of Section 39 of the Wine Ordinance). This term is also identical with the term "geographical designation". Indication of origin ("Angabe der Herkunft/Herkunftsangabe") (Section 23(1) of the Wine Act; Section 39(5) of the Wine Ordinance and heading of Section 40 of the Wine Ordinance). These terms are identical with the term "geographical designation". (c) Geographical indications for spirits The following distinction can be made with respect to geographical descriptions for spirits: (1) Indications or designations of geographical origin as designations of an actually existing city, region or state, which are either used alone (e.g. Cognac, Calvados) or in combination with a generic term (e.g. Deutscher Weinbrand, Schwarzwälder Kirschwasser); (2) indirect traditional indications or designations of geographical origin, e.g. Korn or Kornbrand, the use of which is by legal provision exclusively reserved to a specific region (e.g. Article 1, paragraph 4(c) of the EU Regulation on spirit drinks, No. 1576/89), because the products in question are traditionally produced only in these regions.

a) General The term "geographische Herkunftsangabe" used in Section 126 covers all signs which may serve to indicate the geographical origin of goods or services, irrespective of whether a certain quality or reputation of these goods or service is linked to their geographical origin or not, and irrespective of whether the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stal, Pfälzer Weinbrand) or whether it is indirectly referred to, for example by reference to a flag, a symbol (for instance the "Berlin Bear"), or a picture which suggests a certain geographical origin. (b) Geographical indications for wines The German Wine Act does not establish an explicit link between origin and quality. (c) Geographical indications for spirits With regard to spirits, a link between origin and quality exists. The examples "Bourbon" (cf. agreement on spirit drinks between the EU and the USA) or Korn show that this is the case. Thus, a specific origin (German-speaking area of the EU) is tied to the indication Korn. This recognition of origin is justified as this spirit drink has always been produced only in this region according to a specific manufacturing process set by law (spent grains mash process instead of wort process, i.e. only the healthy whole grain with all its components from only five domestic raw materials may be used, thus no defective grain, flour, etc.). This manufacturing process traditionally only exists in this region.

a) General The term "geographische Herkunftsangabe" used in Section 126 covers all signs which may serve to indicate the geographical origin of goods or services, irrespective of whether a certain quality or reputation of these goods or service is linked to their geographical origin or not, and irrespective of whether the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stal, Pfälzer Weinbrand) or whether it is indirectly referred to, for example by reference to a flag, a symbol (for instance the "Berlin Bear"), or a picture which suggests a certain geographical origin. (b) Geographical indications for wines The German Wine Act does not establish an explicit link between origin and quality. (c) Geographical indications for spirits With regard to spirits, a link between origin and quality exists. The examples "Bourbon" (cf. agreement on spirit drinks between the EU and the USA) or Korn show that this is the case. Thus, a specific origin (German-speaking area of the EU) is tied to the indication Korn. This recognition of origin is justified as this spirit drink has always been produced only in this region according to a specific manufacturing process set by law (spent grains mash process instead of wort process, i.e. only the healthy whole grain with all its components from only five domestic raw materials may be used, thus no defective grain, flour, etc.). This manufacturing process traditionally only exists in this region.

(a) General Involvement of human creativity in the making of products to which a geographical indication applies is no prerequisite for protection. (b) Geographical indications for wines Apart from the site conditions of the vine (microclimate and soil conditions), human factors, such as the care taken over viniculture and the production practices, also play a major role. Therefore, a domestic quality wine psr may only bear the indication of the wine-growing area if an official inspection number has been assigned to it as part of the organoleptic examination (Section 19, paragraph 1 of the Wine Act). (c) Geographical indications for spirits Human creativity and human factors (particular recipe, distiller's experience) can play a key role in some cases.

There is no obvious legal connection in German law between the protection of geographical indications and patent protection.

(a) General In Germany, no administrative authority is charged with regulating the use of geographical indications. The geographical region or area for which a geographical indication may legally be used is the region or area which the relevant sectors of the public in Germany associate with such a geographical indication. In case of conflict, a court will decide on the basis of admissible evidence, such as, for instance, opinion polls, whether the geographical indication in question has been used in a misleading way or not. With regard to protection of geographical indications as collective marks (Sections 97 et seq. of the Trade Mark Law), the geographical region or area can be defined by the association filing for registration of the collective mark in the regulations governing its use. (b) Geographical indications for wines Specific wine-growing areas are laid down by Parliament in the German Wine Act. The areas cultivating vin de pays (Landwein) and areas cultivating table wines are laid down by ordinance of the Federal Ministry of Food, Agriculture and Forestry with the consent of the Bundesrat. The Land governments demarcate the viticultural regions by ordinance. The responsible Land6 ministries in each case demarcate the sites and areas and order their registration in the vineyard register. Applications for registrations of sites should be made by the local government of the region where the areas under vines are located. Owners and beneficiaries may, in principle, submit proposals to the local government regarding the names of sites. For giving advice to the local government, a site committee should be formed in the communities usually consisting of the Mayor as well as of persons representing viticulture and the wine trade. Applications for registrations of areas are to be made by the office of the county district commissioner (Landratsamt) or the administration of the town, constituting an administrative district of its own, responsible for the areas under vines. Viticulture and wine trade organizations are to be heard before the filing of applications. Before fixing sites and areas, the responsible Land6 minister hears an expert committee commenting on: - the equivalence and similarity of yields of a site; - the similarity of yields of an area, the traditional use of site and area names; - an economically sound demarcation of sites and areas maintaining the site-related character.

Under Article 15, paragraph 4 of Regulation (EEC) 823/87, the name of a specified wine growing area or a community or of a part thereof assigned in line with Community or national regulations may not be used by others to designate products of the wine sector. Section 39, paragraph 1 of the Wine Ordinance sets out the following: If the name: (1) of an area is used to designate a quality wine psr, it should be preceded by the indication "area" in characters of the same type, size and colour if it is identical or could be confused with any other geographical indication; (2) of a site is used to designate a quality wine psr, the names of the community or part thereof should be added.

[Answer 3: The general protection against unfair or misleading use and the protection as collective marks (see under question 1 above) also extends to services.]

(a) General There is no distinction between foreign and domestic geographical indications as far as the general protection against unfair and misleading use and protection as collective marks is concerned. (b) Geographical indications for spirits In the German spirit drinks sector, geographical descriptions of other EU member States are directly protected through the EC Regulation on spirit drinks, No. 1576/89. Specific spirit drinks with protected geographical descriptions from third countries are protected in Germany on the basis of the directly applicable Commission Regulation (EC) No. 1267/94 regarding the application of the mutual recognition of specific spirit drinks agreed between the European Union and third countries, e.g. "Bourbon" for the USA or "Tequila" for Mexico.

(a) General No such prohibition exists as far as the general protection against unfair and misleading use and protection as collective marks is concerned. (b) Geographical indications for wines The following applies under Article 29, paragraph 1 of Regulation (EEC) No. 2392/89. Where an imported wine is described on the label by means of a geographical description, use may be made only of the name of a geographical unit and only under the following conditions: (1) in the case of wines originating in the territory of a third country, which is a Member of the World Trade Organization, or a region or locality in this territory, this geographical description must be used in line with the TRIPS Agreement. To this effect, the third country concerned is put on a list after submitting its legal provisions on the application of the TRIPS Agreement to the Commission; (2) in the case of third countries not applying Part II, Section 3 of the TRIPS Agreement, the following requirements must be met: (a) the geographical indication in question designates a clearly demarcated wine growing area, which is smaller than the entire wine-growing area of the third country concerned; (b) the grapes from which the product was made come from this geographical unit; (c) the grapes from which the wine with characteristic properties was made are harvested in this geographical unit; (d) the geographical indication is used on the domestic market of the country of origin to designate the wines and is intended for this purpose under the provisions of this country. To this effect, the third country concerned is mentioned on a list after submitting its pertinent legal provisions to the Commission. (c) Geographical indications for spirits No such prohibitions exist.

(a) Geographical Indications for Wines EC wine legislation and the German Wine Act use different legal terms for geographical indications or the indication or origin of products without any factual differences in principle. Neither EC wine legislation nor the national wine law contain the term "designation of origin". Name of a geographical unit (Article 2, paragraph 3(a); Article 4, paragraph 1; Article 11, paragraph 2(1); Article 13, paragraph 1; Article 20, paragraph 3(a); Article 23, paragraph 1 cf Regulation (EEC) No. 2392). The statutory list defines this as the name of a specified region, a region which is not a specified one (wine-growing area or area cultivating vin de pays (Landwein), a subregion or part of a subregion, a community or part thereof, a vineyard site or a unit comprising several vineyard sites (collective site or area). Geographical indication (Title of Section 23 of the Wine Act). The catalogue of admissible geographical indications under the Wine Act includes the following: the name of the specified wine growing area, names of vineyard sites and areas registered in the vineyard register, names of communities and parts thereof, names of areas cultivating vin de pays (Landwein), names of areas, names of wine-growing areas and subregions. This catalogue basically matches that containing the names of geographical units of EC legislation, but makes their use conditional on specific prerequisites or restricts their use. Geographical description (Article 26, subparagraph 1(a); paragraph 2(b); Article 29 of Regulation (EEC) No. 2392/98; heading of Section 39 (Wine Ordinance). This term is also identical with the term "geographical indication". Indication of origin/origin indication (Section 23(1) of the Wine Act; Section 39(5) of the Wine Ordinance; and the heading of Section 40 of the Wine Ordinance). These terms are identical with the term "geographical indication". (b) Geographical Indications for Spirits The EC Law on spirit drinks does not differentiate between a "geographical indication", a "designation of origin" or an "indication of origin". Instead, it uses in Article 5, paragraph 3 of Regulation (EEC) No. 1576/89 in conjunction with Annex II to this Regulation the term "geographical indication". The definition of a geographical indication in Article 5, paragraph 3(b) of Regulation (EEC) No. 1576/89, according to which the production stage, in which the spirit drink with a geographical indication obtains its character and its final properties, comprises substantively - according to the product and the respective traditional production - apart from indications of geographical origin also the "stricter" case of a geographical designation of origin as defined in French law, for example. The EC Law on spirit drinks knows, apart from the "geographical indications" as defined in Article 5, paragraph 3 of the Regulation (EEC) No. 1576/89, also so-called "reserved designations" (see Article 12, paragraph 2 of Regulation (EEC) No. 1576/89). These are designations such as Korn, Kornbrand, Grappa, Ouzo, Pacharan and Jagatee, the use of which in the sense of traditional indications of geographical origin related to (language areas) was exclusively reserved to specific Member States or regions. As can be gathered from the respective definitions in Article 1, paragraph 4 of Regulation (EEC) No. 1576/89, all production stages have to take place in the respective reserved area in the case of these so-called "reserved designations" - in contrast to "geographical indications" as defined in Article 5, paragraph 3 of Regulation (EEC) No. 1576/89.

(a) Geographical Indications for Wines Under Article 15, paragraph 4 of Regulation (EEC) 823/87, the name of a specified wine growing area or a community or of a part thereof assigned in line with Community or national regulations may not be used by others to designate products of the wine sector. Article 39, paragraph 1 of the Wine Ordinance stipulates the following: If the name (1) of an area is used to designate a quality wine psr, it should be preceded by the indication "area" in characters of the same type, size and colour, if it is identical or could be confused with any other geographical indication; (2) of a site is used to designate a quality wine psr, the names of the community or part thereof should be added. (b) Geographical Indications for Spirits There is no special regulation governing the use of possible homonymous geographical indications in the spirit drinks sector.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Only if a foreign or domestic geographical indication is to be protected as a collective mark (Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed. Such protection requires registration in the register kept by the German Patent Office. Applications for registration may only be filed by private or public associations having legal capacity (see Section 98 of the German Trade Mark Law). Protection is afforded for specific classes of goods or services which have to be set out in the application. The fee for filing a collective mark covering three classes of goods or services is DM 1,500 plus DM 250 for every additional class of goods or services. The fee for extending protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class of goods or services. The application for registration must be accompanied by regulations governing the use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified. These elements are not of a purely geographical nature, but include the name, seat, purpose, representation of the association filing for registration, the conditions of membership, information on the group of persons having authority to use the collective mark, the conditions of use of the collective mark, including a provision to the effect that any person whose goods or services originate in the geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to become a member of the association and shall be admitted to the group of persons having authority to use the mark. The regulations also have to set out the rights and obligations of the parties concerned in the event of infringement of the collective mark. They may be inspected by anyone. Within three months following the date of publication of the registration of the collective mark, the proprietor of an earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in conjunction with Section 42 of the Trade Mark Act). (b) Geographical indications for wines Questions 17-27 do not apply to the German legal system as the individual wine grower does not have to apply for a recognition of the geographical indication. On the contrary, he is entitled without any further (legal) act to use the geographical indication for wines harvested in the respective geographical unit. In the case of quality wines psr, the wine must, however, also have been produced in the respective geographical unit and an official organoleptic examination must be carried out. The geographical indications under wine law constitute an exclusive right sui generis, which cannot be assigned to one single individual, but which is a type of "collective right" from which benefits arise for each individual owner within a geographical unit. The beneficiaries are accordingly all wine growers operating in a geographical unit. (c) Geographical indications for spirits There is no formal administrative application procedure for the recognition of geographical indications for spirits. The indications or designations of origin in the spirit drinks sector are either expressly protected in Germany through a corresponding definition in legal provisions (EC Regulation No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair or misleading use of geographical indications. In the event of several producers of spirit drinks in a certain region wishing to adopt an additional new geographical description into the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process and involves the other ministries concerned, the Länder7 which are responsible for enforcement, and would request the producer and consumer protection associations to deliver an opinion. Should this process reveal that a supposed geographical description has already become a generic name (e.g. Stonsdorfer), this term would not be protected as a geographical description. It should be noted that a geographical description in the spirit drinks sector is not reserved for one single private enterprise in general. On the contrary, all enterprises having their registered office in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing the geographically protected product according to the criteria defined in legal texts or in accordance with the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser). A specific process of protection for foreign geographical indications within the framework of a national administrative or law-making procedure does not exist. Such indications are protected under the general legal provisions and proceedings.

Geographical indications are protected against unfair and misleading use as long as they are recognized by the relevant sectors of the public in Germany as indicating the geographical origin of the goods or services to which they apply. There is no need to formally renew or reaffirm recognition of a geographical indication. Collective marks are protected for a period of ten years. The period of protection may be renewed for further periods of ten years against payment of a renewal fee. No further information has to be provided.

Geographical indications are protected against unfair and misleading use as long as they are recognized by the relevant sectors of the public in Germany as indicating the geographical origin of the goods or services to which they apply. There is no need to formally renew or reaffirm recognition of a geographical indication. Collective marks are protected for a period of ten years. The period of protection may be renewed for further periods of ten years against payment of a renewal fee. No further information has to be provided.

Section 3 of the Law Against Unfair Competition, which protects the general public against misleading use of geographical indications, does not require that the geographical indication has in fact been used to indicate the geographical origin of goods or services. It suffices if a not negligible part of the relevant sectors of the public in Germany is likely to be misled as to the true origin of the goods or services. In order to enjoy protection against unfair or misleading use under Sections 126 et seq. of the Trade Mark Law, a geographical indication must in fact have been used in the course of trade to indicate the geographical origin of goods or services. It is irrelevant by whom and for what kinds of goods or services it has been used, as long as the use was not misleading. There is no explicit limit for non-use. Geographical indications which have been registered as a collective mark (Sections 97 and 99 of the Trade Marks Act) have to be used in order to retain trademark protection (see Section 97, paragraph 2 in conjunction with Section 25, Section 43 paragraph 1, Section 29 paragraph 1, and Section 55 of the Trade Marks Act). Collective marks have to be used for the goods or services for which they are registered. The limit for non-use is five years (Sections 97, paragraph 2 and 100, paragraph 2 in conjunction with Section 26 of the Trade Marks Act).

Section 3 of the Law Against Unfair Competition, which protects the general public against misleading use of geographical indications, does not require that the geographical indication has in fact been used to indicate the geographical origin of goods or services. It suffices if a not negligible part of the relevant sectors of the public in Germany is likely to be misled as to the true origin of the goods or services. In order to enjoy protection against unfair or misleading use under Sections 126 et seq. of the Trade Mark Law, a geographical indication must in fact have been used in the course of trade to indicate the geographical origin of goods or services. It is irrelevant by whom and for what kinds of goods or services it has been used, as long as the use was not misleading. There is no explicit limit for non-use. Geographical indications which have been registered as a collective mark (Sections 97 and 99 of the Trade Marks Act) have to be used in order to retain trademark protection (see Section 97, paragraph 2 in conjunction with Section 25, Section 43 paragraph 1, Section 29 paragraph 1, and Section 55 of the Trade Marks Act). Collective marks have to be used for the goods or services for which they are registered. The limit for non-use is five years (Sections 97, paragraph 2 and 100, paragraph 2 in conjunction with Section 26 of the Trade Marks Act).

(a) General Use of geographical indications is not monitored by an administrative authority. If a geographical indication has, however, been used in a misleading way, injunctive relief can be claimed by everybody who legally uses the geographical indication in question, by business persons who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks Act in conjunction with Section 13, paragraph 2 of the Law Against Unfair Competition (see under question 4 above). If a geographical indication has been registered as a collective mark, the proprietor himself, i.e. the association (see under questions 17-27 above), is responsible for monitoring the use of the collective mark. If the proprietor does not take reasonable steps to prevent the collective mark from being wrongfully used in a manner incompatible with the purpose of the association or the regulations governing use of the mark, everybody may request the German Patent Office to cancel the registration (see Section 105, paragraph 1, No. 2 of the Trade Marks Act). (b) Geographical indications for wines The Länder are responsible for monitoring compliance in the wine sector. Changes or deletions are carried out ex officio if the legal prerequisites no longer apply.

[Answer 4: (a) General protection of geographical indications irrespective of the goods or services concerned In order to enjoy the kind of protection against unfair or misleading use described in the answer to question 1 above, geographical indications do not have to be formally recognized in an administrative procedure. Such protection is afforded if the relevant sectors of the public in Germany understand the indication in question as referring to the geographical origin of the goods or services to which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stahl, Pfälzer Weinbrand) or because the origin is "indirectly" referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture which suggests a certain geographical origin. Whether this is the case may have to be proved in court. Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law Against Unfair Competition). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Mark Law and Section 13, paragraph 2 of the Law Against Unfair Competition). This is in line with Article 22.2 of the TRIPS Agreement. (b) Geographical indications for wines According to Article 72(a) of Regulation (EEC) No. 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. "Misleading" also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the Wine Act). According to Section 23, paragraph 1 of the Wine Act, only the following indications of origin of products may be used: (1) for quality wine psr, in addition to the name of the specified region prescribed on the basis of legal acts by the European Community: (a) the names of the vineyard sites and areas registered in the vineyard register; (b) the names of communities and places; (2) for vin de pays (Landwein) the names of areas cultivating it; (3) for table wine which has not been defined as vin de pays (Landwein) the names of wine-growing areas and subregions. Section 3 of the Wine Act lays down the 13 German wine-growing areas. According to Section 23, paragraph 4 of the Wine Act the Land5 governments regulate the establishment and keeping of the vineyard register (register of vineyard sites and areas). In doing so, they have to lay down, for the geographical units of vineyard site and area: (1) the demarcation; (2) detailed prerequisites and the procedure for registrations and deletions including determination of the names; (3) application eligibility as well as content and form of the applications for registration of vineyard sites and areas in the vineyard register; (4) registration ex officio and deletion. Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays (Landwein). Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their subregions. (c) Additional protection of geographical indications for spirits Additional protection is provided by the following provisions: - Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn and Kornbrand; - Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89; - Section 2 of the national ordinance on spirit drinks (Deutscher Weinbrand); - German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These definitions represent a written summary of the generally accepted view on the composition and labelling of the individual categories of spirit drinks, which the German spirit drinks industry has elaborated in agreement with business circles and consumers. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. In addition to the mechanisms mentioned in this response under (a) above, misleading use of geographical indications for spirits can be enjoined by virtue of an administrative procedure under food law. This is, for instance, the case when a manufacturer of spirit drinks markets a product with an indication which the general public understands as pointing to the geographical origin of the product, but the product does not in any way come from this region (no raw materials from this region, no manufacturing or production stages in this region), e.g. if a German enterprise were to produce a Weinbrand (brandy) in Hamburg from French wines and market the brandy under the geographical indication Pfälzer Weinbrand. Competitors, consumer protection associations or the protective association for spirit drinks can turn to the food inspection authorities locally responsible for the surveillance of the composition and presentation of spirit drinks and request them to issue an administrative injunction. Against this injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure, and, if the administrative opposition procedure was unsuccessful, legal proceedings in an administrative court.]

(a) General Use of geographical indications is not monitored by an administrative authority. If a geographical indication has, however, been used in a misleading way, injunctive relief can be claimed by everybody who legally uses the geographical indication in question, by business persons who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks Act in conjunction with Section 13, paragraph 2 of the Law Against Unfair Competition (see under question 4 above). If a geographical indication has been registered as a collective mark, the proprietor himself, i.e. the association (see under questions 17-27 above), is responsible for monitoring the use of the collective mark. If the proprietor does not take reasonable steps to prevent the collective mark from being wrongfully used in a manner incompatible with the purpose of the association or the regulations governing use of the mark, everybody may request the German Patent Office to cancel the registration (see Section 105, paragraph 1, No. 2 of the Trade Marks Act). (b) Geographical indications for wines The Länder8 are responsible for monitoring compliance in the wine sector. Changes or deletions are carried out ex officio if the legal prerequisites no longer apply.

[Answer 4: (a) General protection of geographical indications irrespective of the goods or services concerned In order to enjoy the kind of protection against unfair or misleading use described in the answer to question 1 above, geographical indications do not have to be formally recognized in an administrative procedure. Such protection is afforded if the relevant sectors of the public in Germany understand the indication in question as referring to the geographical origin of the goods or services to which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication (Westfälischer Schinken, Solinger Stahl, Pfälzer Weinbrand) or because the origin is "indirectly" referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture which suggests a certain geographical origin. Whether this is the case may have to be proved in court. Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law Against Unfair Competition). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Mark Law and Section 13, paragraph 2 of the Law Against Unfair Competition). This is in line with Article 22.2 of the TRIPS Agreement. (b) Geographical indications for wines According to Article 72(a) of Regulation (EEC) No. 823/87, Member States have to adopt suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose origin does not correspond to the place specified in the geographical indication, even if the actual origin is indicated or if the geographical indication is used in a translation or together with expressions like "method", "type", "style", "imitation". Furthermore, the Land authorities in charge of the controls, including wine inspectors, may prohibit the placing on the market as well as imports and exports of products for which misleading indications, designations, other information or presentations are used and may withdraw these products from the market. "Misleading" also means presentations, designs or correct information which could raise false expectations regarding the geographical origin of the products. This rule also applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of the Wine Act). Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the Wine Act). According to Section 23, paragraph 1 of the Wine Act, only the following indications of origin of products may be used: (1) for quality wine psr, in addition to the name of the specified region prescribed on the basis of legal acts by the European Community: (a) the names of the vineyard sites and areas registered in the vineyard register; (b) the names of communities and places; (2) for vin de pays (Landwein) the names of areas cultivating it; (3) for table wine which has not been defined as vin de pays (Landwein) the names of wine-growing areas and subregions. Section 3 of the Wine Act lays down the 13 German wine-growing areas. According to Section 23, paragraph 4 of the Wine Act the Land5 governments regulate the establishment and keeping of the vineyard register (register of vineyard sites and areas). In doing so, they have to lay down, for the geographical units of vineyard site and area: (1) the demarcation; (2) detailed prerequisites and the procedure for registrations and deletions including determination of the names; (3) application eligibility as well as content and form of the applications for registration of vineyard sites and areas in the vineyard register; (4) registration ex officio and deletion. Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays (Landwein). Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their subregions. (c) Additional protection of geographical indications for spirits Additional protection is provided by the following provisions: - Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn and Kornbrand; - Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89; - Section 2 of the national ordinance on spirit drinks (Deutscher Weinbrand); - German definitions of spirit drinks (Steinhäger, Schwarzwälder Kirschwasser). These definitions represent a written summary of the generally accepted view on the composition and labelling of the individual categories of spirit drinks, which the German spirit drinks industry has elaborated in agreement with business circles and consumers. In case of legal disputes on the question whether a specific labelling or presentation of spirit drinks is liable to mislead the public, the courts draw on these definitions as an aid in interpretation. In addition to the mechanisms mentioned in this response under (a) above, misleading use of geographical indications for spirits can be enjoined by virtue of an administrative procedure under food law. This is, for instance, the case when a manufacturer of spirit drinks markets a product with an indication which the general public understands as pointing to the geographical origin of the product, but the product does not in any way come from this region (no raw materials from this region, no manufacturing or production stages in this region), e.g. if a German enterprise were to produce a Weinbrand (brandy) in Hamburg from French wines and market the brandy under the geographical indication Pfälzer Weinbrand. Competitors, consumer protection associations or the protective association for spirit drinks can turn to the food inspection authorities locally responsible for the surveillance of the composition and presentation of spirit drinks and request them to issue an administrative injunction. Against this injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure, and, if the administrative opposition procedure was unsuccessful, legal proceedings in an administrative court.]

Unfair or misleading use of a geographical indication can be enjoined, but geographical indications are not liable to "forfeiture" in German law. A geographical indication continues to exist as long as it is recognized as such in the affected trade circles in Germany. Means by which interested parties may request termination of a geographical indication based on non-use or failure to maintain the criteria identified in the application exist only in cases where a geographical indication has been registered as a collective mark. Everybody can request the German Patent Office to cancel the mark if it has not been used within five years after registration (see Section 99, paragraph 2 in conjunction with Sections 49 and 54 of the Trade Marks Act) or if one of the additional grounds for refusal mentioned in Section 105 of the Trade Marks Act exists, including wrongful use of the collective mark (see Section 105, paragraph 1, No. 2 of the Trade Marks Act). In case of non-use, everybody can initiate an action for cancellation at a competent court of justice (see Section 99, paragraph 2 in conjunction with Section 55 of the Trade Marks Act).

Unfair or misleading use of a geographical indication can be enjoined, but geographical indications are not liable to "forfeiture" in German law. A geographical indication continues to exist as long as it is recognized as such in the affected trade circles in Germany. Means by which interested parties may request termination of a geographical indication based on non-use or failure to maintain the criteria identified in the application exist only in cases where a geographical indication has been registered as a collective mark. Everybody can request the German Patent Office to cancel the mark if it has not been used within five years after registration (see Section 99, paragraph 2 in conjunction with Sections 49 and 54 of the Trade Marks Act) or if one of the additional grounds for refusal mentioned in Section 105 of the Trade Marks Act exists, including wrongful use of the collective mark (see Section 105, paragraph 1, No. 2 of the Trade Marks Act). In case of non-use, everybody can initiate an action for cancellation at a competent court of justice (see Section 99, paragraph 2 in conjunction with Section 55 of the Trade Marks Act).

(a) General There is no formal system or procedure for recognition of geographical indications in German law. Geographical indications may be used by everybody for goods or services fulfilling the expectations of the relevant sectors of the public in Germany as to their geographical origin and, if any, as to their quality or other properties. Section 100 of the Trade Mark Law stipulates that the registration of a geographical indication as a collective mark does not entitle the proprietor to prohibit a third party from using such indications in the course of trade, provided such use is in accordance with the accepted principles of morality and does not contravene Section 127 of the Trade Mark Act (see under question 1 above). Any person whose goods or services originate in the geographical area concerned and fulfil the conditions for use set out in the regulations is entitled to become a member of the association owning the collective mark and to be admitted to the group of persons who have authority to use the mark (Section 103, paragraph 3 of the Trade Marks Act). (b) Geographical indications for wine In the wine sector too, a geographical indication may, in principle, be used without meeting further criteria after it has been defined by the State. Only indications for quality wines psr may only be used after the assignment of an inspection number within the framework of an official organoleptic examination. (c) Geographical indications for spirits Following recognition in a legal text, anybody fulfilling the criteria may use the geographical description in question. The authorities carry out spot checks for surveillance.

Since there is no formal system or procedure for recognition of geographical indications in German law, no governmental entities or agencies are involved. In cases of conflict, a court will decide whether a geographical indication has, in an individual case, been used in a misleading or unfair manner. If the geographical indication has been registered as a collective mark, everybody may file a request for cancellation with the Patent Office if the proprietor of the collective mark does not take reasonable steps to prevent the collective mark being wrongfully used in a manner incompatible with the purpose of the association or the regulations governing use of the mark (Section 105, paragraph 1, No. 2 of the Trade Marks Act).

Authorization is no prerequisite for the use of a geographical indication. Geographical indications may be used by everybody for goods or services fulfilling the expectations of the relevant sectors of the public in Germany as to their geographical origin and, if any, as to their quality or other properties. The fee for filing a collective mark covering three classes of goods or services is DM 1,500, plus DM 250 for every additional class of goods or services.

(a) General In cases of dispute regarding use of a geographical indication, violations of the prohibitions against unfair or misleading use of geographical indications (Section 126 et seq. of the Trade Mark Law, Section 3 of the Law Against Unfair Competition (see under question 1 above)) can be enjoined by a court of justice following an ordinary court procedure or by way of a provisional disposition. The claim for injunctive relief (see under question 4 above) cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks Act and Section 13, paragraph 2 of the Law Against Unfair Competition). If a geographical indication has been registered as a collective mark, the proprietor (i.e. the association (see under question 17-27 above)) is entitled to bring an action for infringement and to claim damages. Persons who have authority to use the collective mark may bring such an action only with the consent of the proprietor (Section 101 of the Trade Marks Act). (b) Geographical indications for wine The use of inadmissible geographical indications for wine must be prosecuted ex officio by the responsible administrative authorities of the Länder9 (surveillance authorities) as well as by the prosecuting authorities. Such use entails a ban on importation and can lead to the seizure of products thus indicated by the customs authorities.

[Answer 1: In Germany the following mechanisms for the protection of geographical indications exist: - EC-wide protection under EC Regulation No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ No. L 208, 24 July 1992, p. 1), which is directly applicable in Germany; this Regulation does not apply to wines and spirits; - EC-wide protection of geographical indications for wines (EC Regulation No. 2392/89, OJ No. L 232, 9 August 1989, p. 13) and spirits (EC Regulation No. 1576/89, OJ No. L 160, 12 June 1989, p. 1); - protection against unfair and misleading use of a geographical indication under German law; - protection as a collective mark; - protection of geographical indications for wines under the German Wine Act (Weingesetz); - national protection of certain geographical indications for spirits. With regard to protection under Regulation 2081/92, Part 6, Chapter 2 of the German Trade Mark Law contains provisions dealing with purely procedural matters. The material prerequisites for protection are contained in the Regulation itself which is directly applicable in Germany. Apart from the system established by EC Regulation 2081/92, no system of registration of geographical indications exists in Germany. Protection of geographical indications in German law (which are called "geographische Herkunftsangaben", i.e. "indications of geographical origin") is based on legal provisions prohibiting acts contrary to honest business practices; and especially acts likely to mislead or deceive the public. According to Section 127, paragraph 1 of the Trade Mark Law, geographical indications are protected against misleading use. Paragraph 2 of Section 127 of the Trade Mark Law protects geographical indications which stand - in the public view, i.e. in the relevant trade circles - not only for the origin of the product but also for a certain quality. In such cases, the geographical indication may not be used for products which do not have the quality generally associated with products bearing the geographical indication in question. The relevant quality standard is not elaborately determined by a product specification, it rather depends on what the relevant sectors of the public expect of a product bearing the geographical indication in question. According to Section 127, paragraph 3 of the Trade Mark Law, geographical indications which have acquired a particular reputation are protected against any damage to or exploitation of such reputation, irrespective of whether or not the public is being misled. These provisions are supplemented by Section 3 of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb) and Section 17, paragraph 1, No. 5 of the Act on Foodstuffs and Commodities (Lebensmittel-und Bedanfsgegenständegesetz). Both forbid misleading designations. All these provisions are also applicable to geographical indications which designate a place or an area outside Germany. Geographical indications for goods or services can also be registered as collective marks (Sections 97 and 99 Trade Mark Law). It is, however, not possible to register a geographical indication as a trade mark (see Section 8, paragraph 2, No. 2 of the Trade Mark Law), unless a trade mark contains a geographical indication and has - by virtue of its use in affected trade circles - established itself as the distinguishing sign for the goods or services for which the trade mark has been filed (see Section 8, paragraph 3 of the Trade Mark Law). Geographical indications for wines are governed by Section 23, paragraph 1 of the Wine Act (Weingesetz). Some of the admissible geographical indications are laid down in the Wine Act itself, some are governed by ordinances of the Federal Ministry of Food, Agriculture and Forestry, and some have been laid down by the Land governments and the communities. In principle, everyone producing wine made from grapes cultivated in a specific geographical unit is allowed to use - without any further recognition procedure - the geographical indication of that unit.]

Protection of geographical indications against unfair and misleading use under Sections 126 et seq. of the Trade Mark Law and Section 3 of the Law Against Unfair Competition does not require use. Geographical indications which have been registered as a collective mark (Sections 97 and 99 of the Trade Marks Act) have to be used in order to retain protection (see Section 97, paragraph 2 in conjunction with Section 25, Section 43 paragraph 1, Section 29 paragraph 1, and Section 55 of the Trade Marks Act). Collective marks have to be used for the goods or services for which they have been registered. Authorized use by one person or undertaking is sufficient. The limit for non-use is five years (Sections 97, paragraph 2 and 100, paragraph 2 in conjunction with Section 26 of the Trade Marks Act). If the collective mark has not been used within five years after registration, anybody may request the German Patent Office to cancel the collective mark (see Section 99, paragraph 2 in conjunction with Sections 49 and 54 of the Trade Marks Act), or initiate an action for cancellation at a competent court of justice (see Section 99, paragraph 2 in conjunction with Section 55 of the Trade Marks Act).

Protection of geographical indications against unfair and misleading use under Sections 126 et seq. of the Trade Mark Law and Section 3 of the Law Against Unfair Competition does not require use. Geographical indications which have been registered as a collective mark (Sections 97 and 99 of the Trade Marks Act) have to be used in order to retain protection (see Section 97, paragraph 2 in conjunction with Section 25, Section 43 paragraph 1, Section 29 paragraph 1, and Section 55 of the Trade Marks Act). Collective marks have to be used for the goods or services for which they have been registered. Authorized use by one person or undertaking is sufficient. The limit for non-use is five years (Sections 97, paragraph 2 and 100, paragraph 2 in conjunction with Section 26 of the Trade Marks Act). If the collective mark has not been used within five years after registration, anybody may request the German Patent Office to cancel the collective mark (see Section 99, paragraph 2 in conjunction with Sections 49 and 54 of the Trade Marks Act), or initiate an action for cancellation at a competent court of justice (see Section 99, paragraph 2 in conjunction with Section 55 of the Trade Marks Act).

Geographical indications as such cannot be licensed. They may be used by everybody for goods or services fulfilling the expectations of the relevant sectors of the public in Germany as to their geographical origin and, if any, as to their quality or other properties. Collective marks can be licensed (see Section 97, paragraph 2 in conjunction with Section 30 of the Trade Marks Act), if this is authorized by the regulations governing their use (Section 102, paragraph 2, No. 4 of the Trade Marks Act). The licensee has to abide by any conditions of use specified in the regulations (Section 102, paragraph 2, No. 5 of the Trade Marks Act). If the collective mark is wrongfully used by the licensee in a manner incompatible with the purpose of the association or the regulations governing use of the mark and the proprietor does not take reasonable steps to prevent such use, everybody may request the German Patent Office to cancel the registration (see Section 105, paragraph 1, No. 2 of the Trade Marks Act).

Through an acquired rights regulation such as for Schwarzwälder Kirschwasser. Firms situated outside of the Black Forest which had already marketed their products under the name "Schwarzwälder Kirschwasser" before 1963 may continue to do so.

The rights of owners of registered trademarks are not unduly affected by the protection of geographical indications. Conflicts are resolved with regard to the priority of the rights in conflict. Protection of geographical indications under Section 126 et seq. of the Trade Marks Act begins when they are used for the first time to designate the geographical origin of goods or services. The proprietor of an earlier trademark can enjoin third parties from using an identical or similar sign (including geographical indications) where such use would result in a likelihood of confusion (Section 14, paragraph 2, No. 1 and 2, and paragraph 5 of the Trade Marks Act). If the mark has a reputation in Germany, the owner can enjoin use of an identical or similar sign (including geographical indications), if such use takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark (Section 14, paragraph 2, No. 3, and paragraph 5 of the Trade Marks Act). It should be noted, however, that trademarks may not be used in a way that is liable to mislead the public in Germany as to the geographical origin of the goods or services to which they apply (Section 3 of the Law Against Unfair Competition). In addition to that, everybody can request the German Patent Office to cancel the registration of a trademark or initiate an action for cancellation with a civil court if this trademark, in consequence of the use made of it by the proprietor or with his consent, is liable to mislead the public in Germany as to the geographical origin of the goods or services for which it has been registered (Section 49, paragraph 2, No. 2, Section 53 and Section 55 of the Trade Marks Act).

The rights of owners of registered trademarks are not unduly affected by the protection of geographical indications. Conflicts are resolved with regard to the priority of the rights in conflict. Protection of geographical indications under Section 126 et seq. of the Trade Marks Act begins when they are used for the first time to designate the geographical origin of goods or services. The proprietor of an earlier trademark can enjoin third parties from using an identical or similar sign (including geographical indications) where such use would result in a likelihood of confusion (Section 14, paragraph 2, No. 1 and 2, and paragraph 5 of the Trade Marks Act). If the mark has a reputation in Germany, the owner can enjoin use of an identical or similar sign (including geographical indications), if such use takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark (Section 14, paragraph 2, No. 3, and paragraph 5 of the Trade Marks Act). It should be noted, however, that trademarks may not be used in a way that is liable to mislead the public in Germany as to the geographical origin of the goods or services to which they apply (Section 3 of the Law Against Unfair Competition). In addition to that, everybody can request the German Patent Office to cancel the registration of a trademark or initiate an action for cancellation with a civil court if this trademark, in consequence of the use made of it by the proprietor or with his consent, is liable to mislead the public in Germany as to the geographical origin of the goods or services for which it has been registered (Section 49, paragraph 2, No. 2, Section 53 and Section 55 of the Trade Marks Act).

The rights of owners of registered trademarks are not unduly affected by the protection of geographical indications. Conflicts are resolved with regard to the priority of the rights in conflict. Protection of geographical indications under Section 126 et seq. of the Trade Marks Act begins when they are used for the first time to designate the geographical origin of goods or services. The proprietor of an earlier trademark can enjoin third parties from using an identical or similar sign (including geographical indications) where such use would result in a likelihood of confusion (Section 14, paragraph 2, No. 1 and 2, and paragraph 5 of the Trade Marks Act). If the mark has a reputation in Germany, the owner can enjoin use of an identical or similar sign (including geographical indications), if such use takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark (Section 14, paragraph 2, No. 3, and paragraph 5 of the Trade Marks Act). It should be noted, however, that trademarks may not be used in a way that is liable to mislead the public in Germany as to the geographical origin of the goods or services to which they apply (Section 3 of the Law Against Unfair Competition). In addition to that, everybody can request the German Patent Office to cancel the registration of a trademark or initiate an action for cancellation with a civil court if this trademark, in consequence of the use made of it by the proprietor or with his consent, is liable to mislead the public in Germany as to the geographical origin of the goods or services for which it has been registered (Section 49, paragraph 2, No. 2, Section 53 and Section 55 of the Trade Marks Act).

It can be referred to paragraph 2 of the answer to question under I above.

[Answer 2:

The protection against unfair or misleading use and the protection as collective marks (see under question 1 above) covers geographical indications for all sorts of goods or services.  EC law provides protection according to special regimes for wines (EC Regulation No. 2392/89, OJ No. L 232, 9 August 1989, p. 13), spirits (EC Regulation No. 1576/89, OJ No. L 160, 12 June 1989, p. 1), foodstuffs and agricultural products (EC Regulation No. 2081/92, OJ No. L 208, 24 July 1992, p. 1).

In addition to that, Section 137 of the Trade Mark Law authorizes the Federal Ministry of Justice to lay down by legal ordinance detailed provisions concerning individual indications of geographical origin, including the area of origin, the quality or other properties of the goods to which the geographical indication applies, and the way the indication is used.  The only legal ordinance which has yet been passed concerns steel from the town of Solingen, (Verordnung zum Schutz des Namens Solingen, i.e. "Ordinance for the Protection of the Name Solingen" of 16 December 1994, BGBl. I.S. 3833).]

Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Section 126 et seq. of the Trade Marks Act, Section 3 of the Act Against Unfair Competition (see under question 1 above)). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks Act and Section 13, paragraph 2 of the Act Against Unfair Competition). In addition to that, everybody who legally uses the geographical indication in question can claim compensation for damages resulting from wilful or negligent breaches of Section 127 of the Trade Marks Act (Section 126, paragraph 2 of the Trade Marks Act). If a geographical indication has been protected as a collective mark, injunctive relief and compensation for damages can be afforded in accordance with Section 97, paragraph 2 and Section 14 of the Trade Marks Act. These claims can be enforced by the proprietor of the collective mark (i.e. the association (see under questions 17-27 above)). Persons who have authority to use the collective mark may bring an action only with the consent of the proprietor (Section 101 of the Trade Marks Act). Goods which unlawfully bear a geographical indication are, on import, export or in transit ex officio subject to seizure by the customs authorities for the purpose of removing the unlawful marking where the infringement is obvious (Section 151 of the Trade Marks Act).

Injunctive relief is provided for violations of the prohibitions against unfair or misleading use of geographical indications (Section 126 et seq. of the Trade Marks Act, Section 3 of the Act Against Unfair Competition (see under question 1 above)). This claim for injunctive relief cannot only be asserted by everybody who legally uses the geographical indication in question, but also by businessmen who market goods or services of the same or similar type on the same market, by associations having as one of their purposes the repression of unfair competition, by consumer associations, and by the chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks Act and Section 13, paragraph 2 of the Act Against Unfair Competition). In addition to that, everybody who legally uses the geographical indication in question can claim compensation for damages resulting from wilful or negligent breaches of Section 127 of the Trade Marks Act (Section 126, paragraph 2 of the Trade Marks Act). If a geographical indication has been protected as a collective mark, injunctive relief and compensation for damages can be afforded in accordance with Section 97, paragraph 2 and Section 14 of the Trade Marks Act. These claims can be enforced by the proprietor of the collective mark (i.e. the association (see under questions 17-27 above)). Persons who have authority to use the collective mark may bring an action only with the consent of the proprietor (Section 101 of the Trade Marks Act). Goods which unlawfully bear a geographical indication are, on import, export or in transit ex officio subject to seizure by the customs authorities for the purpose of removing the unlawful marking where the infringement is obvious (Section 151 of the Trade Marks Act).

(a) General The civil chambers of the Regional Courts (Landgericht) have exclusive jurisdiction for litigation regarding geographical indications, regardless of the value in dispute (Section 140, paragraph 1 of the Trade Marks Act). The Länder Governments10 are empowered to concentrate such litigation with one regional court by means of a legal ordinance (Section 140, subsection 2 of the Trade Marks Act). Most of the Länder have done this. Court costs, also including those of the taking of evidence, are determined in civil proceedings in accordance with the value in dispute, and are laid down by law in the Court Costs Act (GKG). This applies on principle also to lawyers' fees which - depending on the value in dispute - are regulated by the Federal Code of Lawyers' Fees. The parties may agree in writing on higher lawyers' fees. The court can order, in response to an application, that the fees are only to be calculated in accordance with a part of the value in dispute, if a party makes a plausible case that the burden of the costs of the proceedings would pose a considerable danger to their economic position were they to be calculated in accordance with the full value in dispute (Section 142 of the Trade Marks Act). The losing party bears the costs of the winning party (Section 91 of the Code of Civil Procedure). This includes lawyers' fees up to the level laid down by law in the Federal Code of Lawyers' Fees. If only partial success is achieved in the proceedings, all of the costs of the proceedings (including the necessary lawyers' fees incurred by both parties) are divided between the parties (Section 92 of the Code of Civil Procedure). For details of the procedure, see the replies to the Checklist of Issues on Enforcement (IP/N/6/DEU/1). (b) Geographical indications for wine In the wine sector, under Section 31, paragraph 1 of the Wine Act, only the officials of the competent surveillance authorities, including the wine inspectors, are charged with enforcing the applicable provisions; in case of imminent danger, also all other police officers.

(a) General There is no formal notification requirement. (b) Geographical indications for wine Acts and ordinances are published in the respective law gazettes of the Federal Government and the Länder11 , the names of sites and areas are notified in the official publications of the Länder (official gazette). Furthermore, all indications of geographical origin of German wine are published in the Federal Law Gazette published by the Federal Ministry of Justice.

(a) General Yes, see Section 144 of the Trade Marks Act. In principle, the public prosecution offices and the authorities and officers of the police service are obligated to prosecute criminal offences ex officio (Sections 152, 158 paragraph 1, 160 and 163 of the Code of Criminal Procedure). Violations of geographical indications which constitute criminal offences are, however, prosecuted only upon request, unless the prosecution authorities deem that ex officio prosecution is justified in view of the particular public interest (Sections 376 and 374 of the Code of Criminal Procedure). Section 374 of the Code of Criminal Procedure provides that acts which constitute offences in accordance with Section 144, paragraphs 1 and 2 of the Trade Marks Act may be prosecuted by a private action without the prosecution authorities having to intervene. If the prosecution authorities file a public action because of a particular public interest, Section 395, paragraph 2, No. 3 of the Code of Criminal Procedure affords the injured party the opportunity to join the proceedings as a joint plaintiff. (b) Geographical indications for wines In the wine sector, anybody who markets, imports, exports or advertises a product with misleading designations, indications or any other information or presentations is liable to a term of imprisonment not exceeding one year or to a fine under Section 49, No. 4 of the Wine Act. Under Section 40 of the Wine Act, an administrative offence is committed by anybody negligently perpetrating the above-mentioned actions. The administrative offence can be punished with a fine of up to DM 50,000.

EC Regulation No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ No. L 208, 24 July 1992, p. 1) is directly applicable in Germany. Germany has entered into the following bilateral agreements on the protection of geographical indications which through ratification have become applicable as German law (see reference in IP/N/4/DEU/2 and IP/N/4/DUE/2/Corr.1): - Agreement between the Federal Republic of Germany and the French Republic on the Protection of Indications of Source, Appellations of Origin and Other Geographical Denominations of 8 March 1960 (BGBl. 1961 II, p. 482) with amendments of 23 April 1969 (BGBl. 1969 II, p. 856, 2064); - Agreement between the Federal Republic of Germany and the Italian Republic on the Protection of Indications of Source, Appellations of Origin and Other Geographical Denominations of 23 July 1963 (BGBl. 1965 II, p. 156, BGBl. 1967 p. 1815); - Agreement between the Federal Republic of Germany and the Kingdom of Greece on the Protection of Indications of Source, Appellations of Origin and Other Geographical Denominations of 16 April 1960 (BGBl. 1965 II, p. 176, BGBl. 1967 p. 1944) with amendments of 23 April 1969 (BGBl. 1969 II, 854) and of 24 May 1972 (BGBl. 1972 II, 564); - Treaty between the Swiss Confederation and the Federal Republic of Germany on the Protection of Indications of Source and Other Geographical Denominations of 7 March 1967 (BGBl. 1969 II. p. 138); - Treaty between the Federal Republic of Germany and the Spanish State on the Protection of Indications of Source, Appellations of Origin and Other Geographical Denominations of 11 September 1970 (BGBl. 1972 II, p. 109, BGBl. 1973, p. 1305) with amendments of 10 October 1994 (BGBl. 1994 II, p. 3534, BGBl. 1995 II, p. 492). Germany is also a member of the International Wine and Vine Office (OIV), which provides for a separate registration system for the recognition of indications or designations of geographical origin for wine products including wine spirits.

Germany is a party to the following multilateral agreements relevant to the protection of geographical indications: - Paris Convention for the Protection of Industrial Property (1967) (see Articles 10 et seq.); - Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1967).