Información para el examen en el marco del párrafo 2 del artículo 24 del Acuerdo sobre los ADPIC (lista de cuestiones sobre las indicaciones geográficas) - Ver detalles del documento

European Union

Geographical indications are recognized and protected by means of the registration procedure referred to in Article 5 of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (O.J.E.C No. L 208/1, 24 July 1992). This Regulation is directly applicable to Luxembourg and binding in all respects. Geographical indications are also protected under: - The Law of 2 July 1932 concerning the standardization of agricultural and horticultural products and the creation of a national trademark; - the Law of 27 November 1986 (Article 17) regulating certain commercial practices and penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial A 1992, No. 35, p. 1119, coordinated text); - the Law of 25 September 1953 having as its object the reorganization of the inspection of common foodstuffs, drinks and products (Memorial A 1953, No. 62, p. 1259), and the Grand-Ducal Regulation of 16 April 1992 (Article 15) concerning the labelling and presentation of foodstuffs and their advertising (Memorial A 1992, No. 27, p. 895); - the Grand-Ducal Decree of 28 December 1936 concerning the protection of champagne; - the Grand-Ducal Decree of 5 May 1927 regulating the import of port wine and Madeira; - the Grand-Ducal Decree of 6 May 1937 amending the Law of 24 July 1909 on the regime of wines and similar drinks with a view to protecting the designation of origin "cognac".

Geographical indications are protected by two regimes at the Community level: (1) Foodstuffs and agricultural products: Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs; (2) Products in the wine and spirit drinks sector: Council Regulation (EEC) No. 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions; Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks.

No.

Community law 1. Foodstuffs and agricultural products: - Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (O.J.E.C No. L 208/1, 24 July 1992); - Commission Regulation (EEC) No. 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (O.J.E.C. No. L 185/5, 28 July 1993); - Council Regulation (EC) No. 535/97 of 17 March 1997 amending Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (O.J.E.C No. L 83/3, 25 March 1997); - Commission Regulation (EC) No. 1428/97 of 23 July 1997 amending Commission Regulation (EEC) No. 2037/93 laying down detailed rules of application of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJEC No. L 196/39, 24 July 1997); - Several dozen Commission regulations relating to the inclusion of certain names in the "Register of protected designations of origin and protected geographical indications" envisaged in Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. 2. Products in the wine and spirit drinks sector: - Council Regulation (EEC) No. 822/87 of 16 March 1987 on the common organization of the market in wine (O.J.E.C. No. L 84/1, 27 March 1987); - Council Regulation (EC) No. 2087/97 of 20 October 1997 amending Council Regulation (EEC) No. 822/87 of 16 March 1987 on the common organization of the market in wine (O.J.E.C. No. L 292/1, 25 October 1997); - Council Regulation (EEC) No. 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions (O.J.E.C. No. L 84/59, 27 March 1987); - Council Regulation (EEC) No. 4252/88 of 21 December 1988 on the preparation and marketing of liqueur wines produced in the Community (O.J.E.C. No. L 373/59, 31 December 1988); - Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (O.J.E.C. No. L 160/1, 12 June 1989); - Council Regulation (EEC) No. 2392/89 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts (O.J.E.C. No. L 232, 9 August 1989); - Regulation (EC) No. 3378/94 of the European Parliament and of the Council of 22 December 1994 amending Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks and Regulation (EEC) No. 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails following the Uruguay Round of the multilateral trade organisations (O.J.E.C. No. L 366/1, 31 December 1994); - Council Regulation (EEC) No. 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine based drinks and aromatized wine-product cocktails (O.J.E.C. No. L 149/1, 14 June 1991). Domestic law 1. Foodstuffs and agricultural products: - The Law of 2 July 1932 concerning the standardization of agricultural and horticultural products and the creation of a national trademark; - the Law of 27 November 1986 (Article 17) regulating certain commercial practices and penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial A 1992, No. 35, p. 1119, coordinated text); - the Law of 25 September 1953 having as its object the reorganization of the inspection of common foodstuffs, drinks and products (Memorial A 1953, No. 62, p. 1259), and the Grand-Ducal Regulation of 16 April 1992 (Article 15) concerning the labelling and presentation of foodstuffs and their advertising (Memorial A 1992, No. 27, p. 895). 2. Products in the wine and spirit drinks sector: - The Grand-Ducal Regulation of 19 November 1974 establishing the penal sanctions for violations of the regulations of the European Communities with regard to wine (Memorial A 1974 p. 1706), as amended by the Law of 19 November 1975 (Memorial 1975 p. 1558).

[No answer provided.]

1. Foodstuffs and agricultural products: The following four designations appear in the Annex to Commission Regulation (EC) No. 1107/96 of 12 June 1996: - Viande de porc marque nationale grand-duché de Luxembourg (PGI) - Salaisons fumées marque nationale grand-duché de Luxembourg (PGI) - Miel luxembourgeois de marque nationale (PDO) - Beurre rose de marque nationale grand-duché de Luxembourg (PDO) The domestic regulations relating to these designations are: - Regulation of the Government in Council of 3 July 1970 establishing a national trademark for Luxembourg butter; - Regulation of the Government in Council of 3 July 1973 establishing a national trademark for Luxembourg honey; - Regulation of the Government in Council of 9 June 1983 establishing a national trademark for pork and establishing the conditions for assigning this trademark (Memorial A 42 of 28 June 1989), as amended by the Regulation of the Government in Council of 25 October 1991 (Memorial A 78 of 26 November 1991); Ministerial Regulation of 12 June 1989 laying down detailed rules of application (Memorial A 42 of 28 June 1989), as amended by several ministerial regulations (Memorial A 78 of 26 October 1992, Memorial A 80 of 23 October 1992, Memorial A 51 of 8 August 1996); - Regulation of the Government in Council of 9 February 1990 establishing a national trademark for smoked salted meats and establishing the conditions for assigning this trademark (Memorial A 13 of 15 March 1990), as amended by the Regulation of the Government in Council of 3 June 1994 (Memorial A 54 of 30 June 1994); Ministerial Regulation of 7 March 1990 laying down detailed rules of application (Memorial A 16 of 5 April 1990). 2. Products in the wine and spirit drinks sector: The designations protected under the above-mentioned Regulation (EEC) No. 1576/89 are: - eau-de-vie de pommes de marque nationale luxembourgeoise (for apple spirit); - eau-de-vie de poires de marque nationale luxembourgeoise (for pear spirit); - eau-de-vie de kirsch de marque nationale luxembourgeoise (for kirsch spirit); - eau-de-vie de quetsch de marque nationale luxembourgeoise (for plum spirit); - eau-de-vie de mirabelle de marque nationale luxembourgeoise (for mirabelle spirit); - eau-de-vie de prunelles de marque nationale luxembourgeoise (for sloe spirit); - eau-de-vie de marc de marque nationale luxembourgeoise (for grape marc spirit); - eau-de-vie de seigle de marque nationale luxembourgeoise (for rye spirit). The designations protected under the above-mentioned Regulation (EEC) No. 823/97 are: - vins mousseux de marque nationale luxembourgeoise (for sparkling wines); - vins de marque nationale luxembourgeoise (wine); - Crémant de Luxembourg de marque nationale luxembourgeoise. The domestic regulations relating to these designations are: - Regulation of the Government in Council of 21 June 1985 establishing a national trademark for natural spirits (Memorial A 44 of 31 July 1985); - Regulation of the Government in Council of 18 March 1988 establishing a national trademark for sparkling wines (Memorial A 1988 p. 190) as amended by the Regulation of 25 October 1991 (Memorial A 1991 p. 1457); - Regulation of the Government in Council of 4 January 1991 relating to the designation Crémant de Luxembourg (Memorial A 1991 p. 34) as amended by the Regulations of 25 October 1991 (Memorial A 1991 p. 1457) and of 18 October 1996 (Memorial A of 7 November 1996 p. 225); - Grand-Ducal Regulation of 13 November 1998 establishing rules for the national trademark for wine and establishing the criteria for assigning this trademark (Memorial A 98 of 26 November 1998).

This level of production is provided for all the products referred to in the above-mentioned Regulation (EEC) No. 2081/92.

The designations of origin and geographical indications are defined respectively in Article 2, § 2, (a) and (b) of Regulation (EEC) No. 2081/92.

No. Indirect indication of origin is not protected by the Community law on protected geographical designations. However, Article 2, § 4 of Regulation (EEC) No. 2081/92 states that "certain geographical designations shall be treated as designations of origin where the raw materials of the products concerned come from a geographical area larger than or different from the processing area, provided that: - The production area of the raw materials is limited; - special conditions for the production of the raw materials exist; and - there are inspection arrangements to ensure that those conditions are adhered to". The designations in question may be or have already been recognized as designations of origin with national protection by the member State concerned, or, if no such scheme exists, have a proven, traditional character and an exceptional reputation and renown (Article 2, § 6).

The following four criteria have been established by Community law: origin, typicality, quality and reputation. The combination of these criteria differs according to whether a geographical indication or a designation of origin is involved (Article 2, § 2 of Regulation (EEC) No. 2081/92).

Yes. The geographical environment referred to includes natural factors, but also human factors.

The production, processing and preparation of products whose geographical indication is protected employ methods which help to produce the quality, typicality and reputation of the products in question, or which are even only used in a specific geographical area. The use of these methods may, in certain cases, be obligatory in order to obtain protection under a PGI or a PDO. However, protection of a geographical indication or designation of origin registered in accordance with the relevant rules does not extend, by itself, to the techniques and procedures used for the manufacture of the products in question. In addition, Article 14, § 3 of Regulation (EEC) No. 2081/92 stipulates that "a designation of origin or geographical indication shall not be registered where, in the light of the trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product".

Under the terms of Article 4, § 1 of the aforementioned Regulation No. 2081/92, an agricultural product or foodstuff must comply with a specification to be eligible to use a protected designation of origin or a protected geographical indication. Article 5, § 2 contains a non-exhaustive list of the elements included in such a specification. The application for registration, which shall include the specification, shall be submitted either by a group of producers and/or processors working with the same agricultural product or foodstuff or by a natural or legal person (Article 5, § 3). It shall be sent to the member State of the European Union in which the geographical area is located (Article 5, § 4). The member State shall check that the application is justified and shall forward the application, including the product specification, to the Commission, if it considers that it satisfies the requirements of Regulation (EEC) No. 2081/92 (Article 5, § 5, 1st paragraph).

See Article 29, §§ 1 and 3 of the above-mentioned Regulation (EEC) No. 2392/89.

Council Regulation (EEC) No. 2081/92 states, in Article 12, that its provisions may apply, given compliance with certain conditions, to an agricultural product or foodstuff from a third country.

Regulation (EEC) No. 2081/92 provides that names registered in conformity with the arrangements that it has established may be protected by national measures taken by the member States of the European Union, under certain conditions, for a period of five years from the date of publication of the Regulation (24 July 1992). After that period or in the absence of specific national measures, the Community law directly applicable prevails and all the geographical names registered under the Regulation are protected in the country of origin. With regard to wine products, see Article 29, § 1 of Regulation (EEC) No. 2392/89.

According to Article 5, § 1 of Regulation (EEC) No. 2081/92, the applicant must be either a group of producers and/or processors working with the same agricultural product or foodstuff or, subject to certain conditions to be laid down in accordance with the procedure provided for in Article 15 of the Regulation, a natural or legal person. According to Article 5, § 2 of the same Regulation, a group or a natural or legal person may apply for registration only in respect of agricultural products or foodstuffs which it produces or obtains within the meaning of Article 2, § 2, (a) or (b) [definition of PDO and PGI]. In exceptional, duly substantiated cases applications for registration may also be submitted by a natural or legal person not complying with the definition given above [which is that contained in Article 5, § 1, 2nd paragraph] where the person concerned is the only producer existing in the geographical area defined at the time the application for registration is submitted [Article 1, § 1 of the above-mentioned Commission Regulation 2037/93 of 27 July 1993]. In that case, that person is considered to be a group in the meaning of Article 5 of Regulation (EEC) No. 2081/92.

The application for registration is transmitted to the European Community by the member State of the European Union to which it was sent so that compliance with the conditions of Regulation (EEC) No. 2081/92 may be checked and a decision taken.

The regime for the protection of geographical indications instituted by Regulation (EEC) No. 2081/92 depends on voluntary action by the persons entitled to apply for registration.

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

No. Article 4, § 2 of Regulation (EEC) No. 2081/92 provides that the specification that accompanies the application for registration "shall include at least: (a) The name of the agricultural product or foodstuff, including the designation of origin or the geographical indication; (b) a description of the agricultural product or foodstuff including the raw materials, if appropriate, and principal physical, chemical, microbiological and/or organoleptic characteristics of the product or the foodstuff; (c) the definition of the geographical area and, if appropriate, details indicating compliance with the requirements of Article 2(4) [geographical designations … where the raw materials of the products concerned come from a geographical area larger than or different from the processing area]; (d) evidence that the agricultural product or the foodstuff originates in the geographical area, within the meaning of Article 2(2)(a) or (b), whichever is applicable [definitions of PDO and PGI]; (e) a description of the method of obtaining the agricultural product or foodstuff and, if appropriate, the authentic and unvarying local methods; (f) the details bearing out the link with the geographical environment or the geographical origin within the meaning of Article 2 (2)(a) or (b), whichever is applicable; (g) details of the inspection structure provided for in Article 10; (h) the specific labelling details relating to the indication PDO or PGI, whichever is applicable, or the equivalent traditional national indications; (i) any requirements laid down by Community and/or national provisions". Articles 1 and 2 of Regulation (EEC) No. 823/87 provide that: "Article 1: This Regulation lays down special provisions for quality wines produced in specified regions. Quality wines psr shall mean wines which satisfy the provisions of this Regulation and the national rules adopted pursuant thereto. Article 2: The provisions referred to in the first paragraph of Article 1 shall, taking into account the traditional conditions of production insofar as these are not such as to prejudice the policy of encouraging quality production and the creation of a single market, be based on the following factors: (a) Demarcation of the area of production; (b) vine varieties; (c) cultivation methods; (d) wine-making methods; (e) minimum natural alcoholic strength by volume; (f) yield per hectare; (g) analysis and assessment of organoleptic characteristics. In addition to the factors listed in paragraph 1 and taking into account authentic and traditional practices, member States may determine such other conditions of production and characteristics as shall be obligatory for quality wines psr".

See the reply to question 21.

[Answer 21: No. Article 4, § 2 of Regulation (EEC) No. 2081/92 provides that the specification that accompanies the application for registration "shall include at least: (a) The name of the agricultural product or foodstuff, including the designation of origin or the geographical indication; (b) a description of the agricultural product or foodstuff including the raw materials, if appropriate, and principal physical, chemical, microbiological and/or organoleptic characteristics of the product or the foodstuff; (c) the definition of the geographical area and, if appropriate, details indicating compliance with the requirements of Article 2(4) [geographical designations … where the raw materials of the products concerned come from a geographical area larger than or different from the processing area]; (d) evidence that the agricultural product or the foodstuff originates in the geographical area, within the meaning of Article 2(2)(a) or (b), whichever is applicable [definitions of PDO and PGI]; (e) a description of the method of obtaining the agricultural product or foodstuff and, if appropriate, the authentic and unvarying local methods; (f) the details bearing out the link with the geographical environment or the geographical origin within the meaning of Article 2 (2)(a) or (b), whichever is applicable; (g) details of the inspection structure provided for in Article 10; (h) the specific labelling details relating to the indication PDO or PGI, whichever is applicable, or the equivalent traditional national indications; (i) any requirements laid down by Community and/or national provisions". Articles 1 and 2 of Regulation (EEC) No. 823/87 provide that: "Article 1: This Regulation lays down special provisions for quality wines produced in specified regions. Quality wines psr shall mean wines which satisfy the provisions of this Regulation and the national rules adopted pursuant thereto. Article 2: The provisions referred to in the first paragraph of Article 1 shall, taking into account the traditional conditions of production insofar as these are not such as to prejudice the policy of encouraging quality production and the creation of a single market, be based on the following factors: (a) Demarcation of the area of production; (b) vine varieties; (c) cultivation methods; (d) wine-making methods; (e) minimum natural alcoholic strength by volume; (f) yield per hectare; (g) analysis and assessment of organoleptic characteristics. In addition to the factors listed in paragraph 1 and taking into account authentic and traditional practices, member States may determine such other conditions of production and characteristics as shall be obligatory for quality wines psr".]

See the reply to question 21.

[Answer 21: No. Article 4, § 2 of Regulation (EEC) No. 2081/92 provides that the specification that accompanies the application for registration "shall include at least: (a) The name of the agricultural product or foodstuff, including the designation of origin or the geographical indication; (b) a description of the agricultural product or foodstuff including the raw materials, if appropriate, and principal physical, chemical, microbiological and/or organoleptic characteristics of the product or the foodstuff; (c) the definition of the geographical area and, if appropriate, details indicating compliance with the requirements of Article 2(4) [geographical designations … where the raw materials of the products concerned come from a geographical area larger than or different from the processing area]; (d) evidence that the agricultural product or the foodstuff originates in the geographical area, within the meaning of Article 2(2)(a) or (b), whichever is applicable [definitions of PDO and PGI]; (e) a description of the method of obtaining the agricultural product or foodstuff and, if appropriate, the authentic and unvarying local methods; (f) the details bearing out the link with the geographical environment or the geographical origin within the meaning of Article 2 (2)(a) or (b), whichever is applicable; (g) details of the inspection structure provided for in Article 10; (h) the specific labelling details relating to the indication PDO or PGI, whichever is applicable, or the equivalent traditional national indications; (i) any requirements laid down by Community and/or national provisions". Articles 1 and 2 of Regulation (EEC) No. 823/87 provide that: "Article 1: This Regulation lays down special provisions for quality wines produced in specified regions. Quality wines psr shall mean wines which satisfy the provisions of this Regulation and the national rules adopted pursuant thereto. Article 2: The provisions referred to in the first paragraph of Article 1 shall, taking into account the traditional conditions of production insofar as these are not such as to prejudice the policy of encouraging quality production and the creation of a single market, be based on the following factors: (a) Demarcation of the area of production; (b) vine varieties; (c) cultivation methods; (d) wine-making methods; (e) minimum natural alcoholic strength by volume; (f) yield per hectare; (g) analysis and assessment of organoleptic characteristics. In addition to the factors listed in paragraph 1 and taking into account authentic and traditional practices, member States may determine such other conditions of production and characteristics as shall be obligatory for quality wines psr".]

Yes. (N.B. services may not bear a protected geographical indication.)

Under the terms of Article 7, § 1 of Regulation (EEC) No. 2081/92, any member State of the European Union may object to the registration of an indication within six months of the date of publication of the application for registration in the Official Journal of the European Communities. Any legitimately concerned natural or legal person may object to the proposed registration by sending a duly substantiated statement to the competent authority of the member State in which he resides or is established (Article 7, § 3). The competent authority shall take the necessary measures to consider these comments or objections within the deadlines laid down. A statement of objection shall be admissible only if it: - Either shows non-compliance with the conditions referred to in Article 2 of Regulation (EEC) No. 2081/92; - or shows that the proposed registration of a name would jeopardize the existence of an entirely or partly identical name or trademark or the existence of products which have been legally on the market for at least five years preceding the date of publication of the application for registration; - or indicate the features which demonstrate that the name whose registration is applied for is generic in nature (Article 7, § 4). Where an objection is admissible, the European Commission shall ask the member Sates concerned to seek agreement among themselves in accordance with their internal procedures within three months. If agreement is reached, the member States in question shall communicate to the Commission all the factors which made agreement possible together with the applicant's opinion and that of the objector. Where there has been no change to the information contained in the application for registration, the Commission shall proceed to publish this application. If there has been a change, it shall again initiate the procedure allowing, if applicable, for an objection to be made.

See the reply to question 25.

[Answer 25: Under the terms of Article 7, § 1 of Regulation (EEC) No. 2081/92, any member State of the European Union may object to the registration of an indication within six months of the date of publication of the application for registration in the Official Journal of the European Communities. Any legitimately concerned natural or legal person may object to the proposed registration by sending a duly substantiated statement to the competent authority of the member State in which he resides or is established (Article 7, § 3). The competent authority shall take the necessary measures to consider these comments or objections within the deadlines laid down. A statement of objection shall be admissible only if it: - Either shows non-compliance with the conditions referred to in Article 2 of Regulation (EEC) No. 2081/92; - or shows that the proposed registration of a name would jeopardize the existence of an entirely or partly identical name or trademark or the existence of products which have been legally on the market for at least five years preceding the date of publication of the application for registration; - or indicate the features which demonstrate that the name whose registration is applied for is generic in nature (Article 7, § 4). Where an objection is admissible, the European Commission shall ask the member Sates concerned to seek agreement among themselves in accordance with their internal procedures within three months. If agreement is reached, the member States in question shall communicate to the Commission all the factors which made agreement possible together with the applicant's opinion and that of the objector. Where there has been no change to the information contained in the application for registration, the Commission shall proceed to publish this application. If there has been a change, it shall again initiate the procedure allowing, if applicable, for an objection to be made.]

The normal procedure is followed subject, however, to the application of Article 12 of the aforesaid Regulation (EEC) No. 2081/92.

The geographical indication (PDO or PGI) is protected as long as the reputation attached to the products and foodstuffs concerned is justified, that is to say, as long as the conditions of the specification established are respected by the producers and processors. The structures of inspection established by the members of the European Union check compliance with the specification.

There is no renewal or reaffirmation of the application for registration.

Regulation (EEC) No. 2081/92 contains no provision of this kind.

Regulation (EEC) No. 2081/92 contains no provision of this kind.

Compliance with the conditions for producing national products benefiting from these indications is monitored by specific inspection commissions made up of officials, professionals and consumers. The chairman is always an official. If necessary, the inspection commission may propose to the Minister of Agriculture, as the competent authority, that the right to use the trademark should be temporarily withdrawn from a producer.

Article 10, § 3 of Regulation (EEC) No. 2081/92 establishes certain general rules concerning, firstly, the guarantees of objectivity and impartiality of the inspection authorities and/or private bodies and, secondly, the permanent availability of trained staff and resources necessary to carry out inspection of agricultural products and foodstuffs bearing a protected name. Regulation (EEC) No.2081/92 provides that if a designated inspection authority and/or private body in a member State establishes that an agricultural product or foodstuff bearing a protected name of origin in that member State does not meet the criteria of the specification, they shall take the steps necessary to ensure that this Regulation is complied with (Article 10, § 4). Under domestic law the examination and inspection powers of officials are governed by Articles 5 to 7 of the Law of 25 September 1953 having as its object the reorganization of the inspection of common foodstuffs, drinks and products (Memorial A 1953 p.1259). Such officials have the power to carry out visits, even during the night if there are serious indications giving rise to a presumption of fraud, to make all the necessary checks, to require the production of all the commercial documents necessary for their examinations and inspections, to take samples and to seize the objects. If necessary they may transmit a complaint to the Public Prosecutor.

Specific inspection commissions check compliance with the conditions for producing national products. In the event of evidence being found of an abuse of the trademark, the inspection commission informs the Minister of Agriculture, who may, under the terms of Article 5 of the Law of 2 July 1932 concerning the standardization of agricultural and horticultural products and the creation of a national trademark (Memorial 1932 p. 461), withdraw from a producer the right to use the trademark. In addition, the Law of 27 September 1986 regulating certain commercial practices and penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial 1992, p.1119) provides in Article 21 that the judge presiding over the chamber of the district court sitting in commercial matters may, at the request of any person, a professional group or a consumer association represented on the price commission, order the termination of acts of unfair competition (for example, false indications likely to mislead the buyer; leading people to believe in an inaccurate origin or provenance of the product, etc.). The action is brought and judged on the basis of a summary procedure. The judge may order the decision to be posted up and may also order its publication, in all or in part, at the expense of the offender.

The procedure which leads to the forfeiture of a right to a protected geographical name is initiated by a member State. Article 11 of Regulation (EEC) No. 2081/92 provides that: "1. Any member State may submit that a condition laid down in the product specification of an agricultural product or foodstuff covered by a protected name has not been met. 2. The member State referred to in paragraph 1 shall make its submission to the member State concerned. The member State concerned shall examine the complaint and inform the other Member State of its findings and of any measures taken. 3. In the event of repeated irregularities and the failure of the member States concerned to come to an agreement, a duly substantiated application must be sent to the Commission. 4. The Commission shall examine the application by consulting the member States concerned. Where appropriate, having consulted the committee referred to in Article 15, the Commission shall take the necessary steps. These may include cancellation of the registration."

Any producer or processor who meets the conditions laid down in the specification may use the geographical indication after it has been recognized and included on the Register of protected designations of origin and protected geographical indications kept by the European Commission.

Under the terms of Regulation (EEC) No.2081/92 any producer established within the specified area who meets the conditions laid down by the specification has the right to use the protected geographical indication.

No.

See the reply to question 35.

[Answer 35: The procedure which leads to the forfeiture of a right to a protected geographical name is initiated by a member State. Article 11 of Regulation (EEC) No. 2081/92 provides that: "1. Any member State may submit that a condition laid down in the product specification of an agricultural product or foodstuff covered by a protected name has not been met. 2. The member State referred to in paragraph 1 shall make its submission to the member State concerned. The member State concerned shall examine the complaint and inform the other Member State of its findings and of any measures taken. 3. In the event of repeated irregularities and the failure of the member States concerned to come to an agreement, a duly substantiated application must be sent to the Commission. 4. The Commission shall examine the application by consulting the member States concerned. Where appropriate, having consulted the committee referred to in Article 15, the Commission shall take the necessary steps. These may include cancellation of the registration."]

See the reply to question 30.

[Answer 30: Regulation (EEC) No. 2081/92 contains no provision of this kind.]

See the reply to question 30.

[Answer 30: Regulation (EEC) No. 2081/92 contains no provision of this kind.]

No.

See the provisions of paragraphs 2 and 4 of Article 13 of Regulation (EEC) No. 2081/92.

Article 14, § 1 of Regulation (EEC) No. 2081/92 provides that: "Where a designation of origin or geographical indication is registered in accordance with this Regulation, the application for registration of a trademark corresponding to one of the situations referred to in Article 13 [content of the protection accorded] and relating to the same type of product shall be refused, provided that the application for registration of the trademark was submitted after the date of the publication provided for in Article 2(6) [publication in the Official Journal of the European Communities]. Trademarks registered in breach of the first subparagraph shall be declared invalid. This paragraph shall also apply where the application for registration of the trademark was lodged before the date of publication of the application for registration provided for in Article 6(2), provided that that publication occurred before the trademark was registered". Article 14, § 2 of Regulation (EEC) No. 2081/92 provides that: "With due regard for Community law, use of a trademark corresponding to one of the situations referred to in Article 13 [i.e. which infringes a protected name] which was registered in good faith before the date on which application for registration of a designation of origin or geographical indication was lodged may continue notwithstanding the registration of a designation of origin or geographical indication, where there are no grounds for invalidity or revocation of the trademark as provided respectively by Article 3(1)(c) and (g) and Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1998 to approximate the laws of the member States relating to trademarks". With regard to wines and grape musts, see Article 40, § 2 and 3 of the above-mentioned Regulation (EEC) No. 2392/89.

Article 14, § 3 of Regulation (EEC) No. 2081/92 provides that: "A designation of origin or geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product".

See the reply to question 44.

[Answer 44: Article 14, § 1 of Regulation (EEC) No. 2081/92 provides that: "Where a designation of origin or geographical indication is registered in accordance with this Regulation, the application for registration of a trademark corresponding to one of the situations referred to in Article 13 [content of the protection accorded] and relating to the same type of product shall be refused, provided that the application for registration of the trademark was submitted after the date of the publication provided for in Article 2(6) [publication in the Official Journal of the European Communities]. Trademarks registered in breach of the first subparagraph shall be declared invalid. This paragraph shall also apply where the application for registration of the trademark was lodged before the date of publication of the application for registration provided for in Article 6(2), provided that that publication occurred before the trademark was registered". Article 14, § 2 of Regulation (EEC) No. 2081/92 provides that: "With due regard for Community law, use of a trademark corresponding to one of the situations referred to in Article 13 [i.e. which infringes a protected name] which was registered in good faith before the date on which application for registration of a designation of origin or geographical indication was lodged may continue notwithstanding the registration of a designation of origin or geographical indication, where there are no grounds for invalidity or revocation of the trademark as provided respectively by Article 3(1)(c) and (g) and Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1998 to approximate the laws of the member States relating to trademarks". With regard to wines and grape musts, see Article 40, § 2 and 3 of the above-mentioned Regulation (EEC) No. 2392/89.]

See the replies to questions 17, 34 and 44. It is for the member States themselves to adopt the necessary measures to ensure compliance with the provisions of Regulation (EEC) No. 2081/92. This same obligation applies with regard to wine products: Article 16 of Regulation (EEC) No. 823/87 and Articles 72, § 4, 72 bis and 79 of Regulation (EEC) No. 822/87.

See the reply to question 17.

[Answer 17: According to Article 5, § 1 of Regulation (EEC) No. 2081/92, the applicant must be either a group of producers and/or processors working with the same agricultural product or foodstuff or, subject to certain conditions to be laid down in accordance with the procedure provided for in Article 15 of the Regulation, a natural or legal person. According to Article 5, § 2 of the same Regulation, a group or a natural or legal person may apply for registration only in respect of agricultural products or foodstuffs which it produces or obtains within the meaning of Article 2, § 2, (a) or (b) [definition of PDO and PGI]. In exceptional, duly substantiated cases applications for registration may also be submitted by a natural or legal person not complying with the definition given above [which is that contained in Article 5, § 1, 2nd paragraph] where the person concerned is the only producer existing in the geographical area defined at the time the application for registration is submitted [Article 1, § 1 of the above-mentioned Commission Regulation 2037/93 of 27 July 1993]. In that case, that person is considered to be a group in the meaning of Article 5 of Regulation (EEC) No. 2081/92.]

See the reply to question 34.

[Answer 34: Specific inspection commissions check compliance with the conditions for producing national products. In the event of evidence being found of an abuse of the trademark, the inspection commission informs the Minister of Agriculture, who may, under the terms of Article 5 of the Law of 2 July 1932 concerning the standardization of agricultural and horticultural products and the creation of a national trademark (Memorial 1932 p. 461), withdraw from a producer the right to use the trademark. In addition, the Law of 27 September 1986 regulating certain commercial practices and penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial 1992, p.1119) provides in Article 21 that the judge presiding over the chamber of the district court sitting in commercial matters may, at the request of any person, a professional group or a consumer association represented on the price commission, order the termination of acts of unfair competition (for example, false indications likely to mislead the buyer; leading people to believe in an inaccurate origin or provenance of the product, etc.). The action is brought and judged on the basis of a summary procedure. The judge may order the decision to be posted up and may also order its publication, in all or in part, at the expense of the offender.]

The public is informed of the protection of a geographical indication by means of its publication in the Official Journal of the European Communities (Article 6 § 4 of Regulation (EEC) No. 2081/92).

Yes. See the replies to questions 33 and 34.

[Answer 33:  Article 10, § 3 of Regulation (EEC) No. 2081/92 establishes certain general rules concerning, firstly, the guarantees of objectivity and impartiality of the inspection authorities and/or private bodies and, secondly, the permanent availability of trained staff and resources necessary to carry out inspection of agricultural products and foodstuffs bearing a protected name. Regulation (EEC) No.2081/92 provides that if a designated inspection authority and/or private body in a member State establishes that an agricultural product or foodstuff bearing a protected name of origin in that member State does not meet the criteria of the specification, they shall take the steps necessary to ensure that this Regulation is complied with (Article 10, § 4). Under domestic law the examination and inspection powers of officials are governed by Articles 5 to 7 of the Law of 25 September 1953 having as its object the reorganization of the inspection of common foodstuffs, drinks and products (Memorial A 1953 p.1259). Such officials have the power to carry out visits, even during the night if there are serious indications giving rise to a presumption of fraud, to make all the necessary checks, to require the production of all the commercial documents necessary for their examinations and inspections, to take samples and to seize the objects. If necessary they may transmit a complaint to the Public Prosecutor.] 

[Answer 34: Specific inspection commissions check compliance with the conditions for producing national products. In the event of evidence being found of an abuse of the trademark, the inspection commission informs the Minister of Agriculture, who may, under the terms of Article 5 of the Law of 2 July 1932 concerning the standardization of agricultural and horticultural products and the creation of a national trademark (Memorial 1932 p. 461), withdraw from a producer the right to use the trademark. In addition, the Law of 27 September 1986 regulating certain commercial practices and penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial 1992, p.1119) provides in Article 21 that the judge presiding over the chamber of the district court sitting in commercial matters may, at the request of any person, a professional group or a consumer association represented on the price commission, order the termination of acts of unfair competition (for example, false indications likely to mislead the buyer; leading people to believe in an inaccurate origin or provenance of the product, etc.). The action is brought and judged on the basis of a summary procedure. The judge may order the decision to be posted up and may also order its publication, in all or in part, at the expense of the offender.]

The Grand Duchy of Luxembourg is a member of the European Union and, consequently, applies the Community legislation relating to geographical indications and designations of origin.

None.