TITLE VCOMMON PROVISIONS

CHAPTER IIExceptions for certain prior uses

Article 41Generic terms

1.

Without prejudice to Article 13, this Regulation shall not affect the use F1in Great Britain of terms that are generic in the F2United Kingdom, even if the generic term is part of a name that is protected under a quality scheme.

2.

To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:

(a)

the existing situation in areas of consumption;

(b)

the relevant F3... legal acts.

3.

In order to fully protect the rights of interested parties, the F4Secretary of State may make regulations laying down additional rules for determining the generic status of terms referred to in paragraph 1 of this Article.

F54.

In this Article, ‘legal acts’ means legislation of the following kind whenever passed, made or adopted:

(a)

an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;

(b)

Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies to Northern Ireland, anything that forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

(c)

an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;

(d)

a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru;

(e)

F6assimilated direct legislation.