The rights in the geographical indications are enforced through legal actions in the civil procedures. Protection under unfair competition law is also available (as per answer under question1.). Provisions relating to the infringement of a geographical indication are contained in the Act on Geographical Indications and Designations of Origin of Products and Services of 2003 and are applicable in relation to all geographical indications registered (even those relating to agricultural products and foodstuffs, wines and spirits). Those provisions indicate who is entitled to enforce a geographical indication and what is considered to be an infringement of geographical indications, and further regulate that in all other questions the provisions of the Trademarks Act of 2003 (OG 173/03, 76/07 and 30/09) concerning the civil enforcement of trademarks shall apply mutatis mutandis to civil protection of goods and services. Following are the relevant provisions of the Trademarks Act Article 76 Claim for the establishment and termination of infringement 1. The holder of a trade mark may institute a legal action against any person who has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming establishment of the infringement. 2. The holder of a trade mark may institute a legal action against any person who has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming termination of the infringement and prohibition of such and similar future infringements. 3. The holder of a trade mark may institute a legal action against any person who has by performing any of the acts without authorization caused a serious threat that his trade mark might be infringed, claiming desistance from the act concerned and prohibition of the infringement of the trade mark. 4. The claims referred to in paragraphs 1, 2 and 3 of this Article may also be made against a person who in the course of her/his economic activities renders services used in the acts infringing a trade mark or threatening to infringe it. Article 77 Claim for seizure and destruction of objects 1. The holder of a trade mark may institute a legal action against any person who has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming that the products infringing the trade mark be removed from the market, seized or destroyed at the expense of that person. 2. The court shall order the measures referred to in paragraph 1 of this Article against the defendant, unless there are special reasons for not deciding so. 3. When ordering the measure referred to in paragraph 1 of this Article, the court shall take due care that they are proportionate to the nature and seriousness of the infringement. Article 78 Claim for damages, usual compensation and unfair profits 1. The holder of a trade mark may take a legal action against any person who has caused him damage by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming damages pursuant to the general rules on the legal redress laid down in the Obligations Act. 2. The holder of a trade mark may institute a legal action against any person who has performed without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, claiming payment of remuneration in the amount that he would have claimed, given the circumstances, in the license agreement, if concluded. 3. The holder of a trade mark may take a legal action against any person who has infringed a trade mark by performing without authorization any of the acts referred to in Article 7, paragraphs 2 and 3 of this Act, without having basis for it in any legal transaction, court decision or the law, and has benefited from it, claiming the recovery or compensation of such benefits pursuant to the general rules on unjust enrichment laid down in the Obligations Act. 4. The claims referred to in paragraphs 1, 2 and 3 shall not be mutually excluding. When deciding on the claims referred to in paragraphs 1, 2 or 3, filed cumulatively, the court shall observe the general principles laid down in the Obligations Act. Article 79 Claim for publication of the judgment The holder of a trade mark may claim that the final judgment even partially upholding the claim for protection of the trade mark in the case of infringement is published in the means of public communication at the expense of the defendant. The court shall decide, within the limits of the claim, on the means of public communication in which the judgment shall be published, and whether it shall be published entirely or partially. If the court decides that only a part of the judgment shall be published, it shall order, within the limits of the claim, that at least the dispositive part of it and, if necessary, the part of the judgment specifying the infringement concerned and the person, having committed it, is published. Article 79a Claim for provision of information 1. The holder of a trade mark who has instituted civil proceedings for the protection of the trade mark in the case of infringement may claim the provision of information on the origin and distribution channels of the goods infringing his trade mark. 2. The claim referred to in paragraph 1 may be made in the form of a legal action or a provisional measure against: 2.1. a person who has been sued in the civil proceedings referred to in paragraph 1 of this Article; 2.2. a person who is within her/his economic activities in possession of the goods suspected of infringing a trade mark; 2.3. a person who provides, within her/his economic activities, services suspected of infringing a trade mark; 2.4. persons who provide, within their economic activities, services used in the activities suspected of infringing a trade mark; 2.5. a person who is indicated by any of the mentioned persons as being involved in the manufacture or distribution of the goods or the provision of the services suspected of infringing a trade mark; 3. The claim referred to in paragraph 1 may also be included in a gradual legal action as the first claim, provided that a person acting as a counter party to the defendant is also included in the main claim. 4. The claim for information on the origin of the goods and distribution channels of the goods and services referred to in paragraph 1 of this Article may include in particular: 4.1. information on the names and addresses of the producers, distributors, suppliers and other previous holders of the goods and providers of the services, respectively, as well as the intended wholesalers and retailers; 4.2. information on the quantities produced, delivered, received or ordered, as well as the price obtained for the goods or services concerned. 5. The person required to provide the information referred to in this Article may refuse to provide such information on the same grounds as those allowing the refusal to present evidence as a witness pursuant to the provisions of the Act on Civil Proceedings. If the person concerned refuses to provide information without justified reasons, she/he shall be responsible for the damage incurred, pursuant to the provisions of the Obligations Act. 6. The provisions of this Article shall be without prejudice to the provisions on the manner of use of confidential information in civil and criminal proceedings, the provisions regulating the responsibility for misuse of the right to acquire information, and the provisions regulating the processing and protection of personal data. 7. The provisions of this Article shall be without prejudice to the provisions of Articles 79c and 79d of this Act regulating the taking of evidence. Article 79b Provisional measured due to infringement of a trade mark 1. Upon the request of the holder of a trade mark who makes it likely that her/his trade mark has been infringed or threatened to be infringed, the court may order any provisional measure comprising the termination or prevention of the infringement, and in particular: 1.1. order the opposing party to cease or desist from, the acts infringing a trade mark; the court may also issue such order against an intermediary whose services are being used by a third party to infringe a trade mark; 1.2. order the seizure or removal from the market of the goods unlawfully designated by a trade mark. 2. Upon the request of the holder of a trade mark who makes it likely that his trade mark has been infringed on a commercial scale for the purpose of acquiring commercial or economic benefit, and that such infringement has threatened to cause him irreparable damage, the court may, in addition to the provisional measures referred to in paragraph 1 of this Article, order the seizure of the movable and immovable property of the opposing party, not directly related to the infringement, including the blocking of his bank accounts and other assets. 3. For the purpose of ordering and enforcing the provisional measure referred to in paragraph 2 of this Article, the court may require from the opposing party or other relevant persons disposing with it, the communication of the banking, financial and other economic information, or the access to other relevant information and documents. The court shall ensure the protection of confidentiality of such information, and prohibit any misuse thereof. 4. The provisional measure referred to in paragraph 1 of this Article may be ordered without informing the opposing party thereof, if the applicant for measures makes it likely that otherwise the provisional measure would not be effective, or that irreparable damage is threatened to occur. The provisional measure referred to in paragraph 2 of this Article may be ordered without informing the opposing party thereof, if the applicant for measures makes it likely that otherwise the provisional measure would not be effective, or that, taking into consideration a very serious circumstances of the infringement, this would be necessary. If a provisional measure is ordered without informing the opposing party thereof, the court shall communicate a decision on the provisional measure to the opposing party, promptly upon its enforcement. 5. In the decision ordering a provisional measure the court shall specify the duration of such measure, and, if the measure has been ordered before the institution of a legal action, the period, within which the applicant for measures shall institute a legal action to justify the measure, which shall not be less than 20 working days and not more than 31 calendar days, from the day of communication of the decision to the applicant for measures, whichever expires later. 6. The provisions of the Execution Act shall apply to matters, not regulated by this Article. 7. The provisions of this Article shall be without prejudice to the possibility to order provisional measures pursuant to other provisions of this Act, and the provisions of the Execution Act. Article 79c Provisional measured comprising the preservation of evidence 1. Upon the request of the holder of a trade mark who makes it likely that his trade mark has been infringed or threatened to be infringed, the court may order a provisional measure comprising the preservation of evidence. 2. By the provisional measure referred to in paragraph 1 of this Article, the court may order in particular: 2.1. preparation of a detailed description of the goods made likely to infringe a trade mark, with or without taking of samples; 2.2. seizure of the goods made likely to infringe a trade mark; 2.3. seizure of the materials and implements used in the production and distribution of the goods made likely to infringe a trade mark and the documentation relating thereto. 3. The provisional measure referred to in this Article may be ordered even without informing the opposing party thereof, if the applicant for measures makes it likely that there is a risk of evidence being destroyed or irreparable damage of incurring. If a provisional measure is ordered without informing the opposing party thereof, the court shall communicate a decision on the provisional measure to the opposing party, promptly upon its enforcement. 4. In the decision ordering a provisional measure the court shall specify the duration of the measure, and, if the measure has been ordered before the institution of a legal action, the period, within which the applicant for measures shall institute a legal action to justify the measure, which shall not be less than 20 working days and not more than 31 calendar days, from the day of communication of the decision to the applicant for measures, whichever expires later. 5. The provisions of the Execution Act shall apply to matters, not regulated by this Article. 6. The provisions of this Article shall be without prejudice to the possibility of the court to order provisional measures comprising the preservation of evidence pursuant to the provisions of the Act on Civil Proceedings. Article 79d Taking of evidence in the course of the civil procedure 1. Where a party to the civil proceedings invokes evidence claiming that it lies with the opposing party or under its control, the court shall invite the opposing party to present such evidence within a specified time limit. 2. Where the holder of a trade mark as a plaintiff in a legal action claims that the infringement of a trade mark has been committed on a commercial scale for the purpose of acquiring commercial or economic benefit, and has make it likely during the proceedings, and where he invokes in the proceedings banking, financial or similar economic documents, papers or the like evidence, claiming that they lie with the opposing party or under its control, the court shall invite the opposing party to present such evidence within a specified time limit. 3. Where the party, which is invited to present evidence, denies that the evidence lies with it or under its control, the court may take evidence to establish such a fact. 4. The provisions of the Act on Civil Proceedings relating to the right of refusal to present evidence as a witness shall apply mutatis mutandis to the right of the party to refuse to present evidence. 5. The court shall, taking into consideration all the circumstances of the case, decide at its own discretion, on the importance of the fact that the party having the evidence refuses to comply with the court's decision ordering it to present evidence, or denies, contrary to the court's opinion, that the evidence lies with it. 6. Against the decision of the court referred to in paragraphs 1 and 2 a separate appeal shall not be allowed. Article 79e Expeditious proceedings and application of the provisions of other Acts 1. A procedure concerning the infringement of the rights under this Act shall be expeditious. 2. The provisions of the Act on Civil Proceedings, and the Execution Act, respectively, shall apply to the procedures concerning the infringement of a trade mark. 3. Upon the request of the court or any of the parties to the procedure concerning the infringement of a trade mark, the Office or the Board of Appeal, respectively, shall promptly accept a request for the declaration of the decision on the registration of a trade mark invalid, filed before or during the civil action and shall subject it to the expeditious proceedings. The court shall, taking into consideration the circumstances of the case, decide whether it shall decide on the stay of proceedings up to the final decision on the request for the declaration of the decision on the registration of a trade mark invalid, or not.
[Answer 1: The protection for geographical indications is provided through special laws on the protection of geographical indications. There is a formal procedure for registration of geographical indications envisaged. Protection accorded by these laws is available only for registered geographical indications. Since the provision on unfair competition contains a very broad definition by which unfair competition is considered among others "any sale of the goods with indications or data or appearance that create or might create confusion regarding the source, way of production, quantities, qualities or other characteristics of the goods" the protection of geographical indication can also be provided through unfair competition law.]