CHAPTER IIIGEOGRAPHICAL INDICATIONS
F1Article 9aDefinitions: types of geographical indication
In Article 19a and Annex 2A any reference to:
(a)
‘a type 1 geographical indication’ means a geographical indication listed in column 2 of row 1 of the Types Table;
(b)
‘a type 2A geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which paragraph 1 or 2 of column 3 of that row applies;
(c)
‘a type 2B geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which the provisions in column 4 of that row apply;
(d)
‘a type 3A geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of row 2 of that table applies;
(e)
‘a type 3B geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of row 2 of that table apply.
Article 10Content of applications for protection
1.
Applications for the protection of names as geographical indications shall include a technical file containing:
(a)
the name to be protected;
(b)
the name and address of the applicant;
(c)
a product specification as referred to in paragraph 2; and
(d)
a single document summarising the product specification referred to in paragraph 2.
2.
To be eligible for a geographical indication protected under this Regulation a product shall comply with the corresponding product specification which shall include at least:
(a)
the name to be protected;
(b)
a description of the product, in particular its principal analytical characteristics as well as an indication of its organoleptic characteristics;
(c)
where applicable, the particular production processes and specifications as well as the relevant restrictions on making the product;
(d)
the demarcation of the geographical area concerned;
(e)
the details bearing out the link referred to in point (3) of Article 2;
(f)
(g)
an indication of the main raw material from which the aromatised wine product is obtained;
(h)
the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
F4(3.
In this Article:
(a)
‘the applicable requirements’ means:
(i)
where the geographical area concerned is located in, or partly in, Great Britain, provisions in any enactment regulating the use of the geographical indication in Great Britain;
(ii)
where the geographical area concerned is located in, or partly in, Northern Ireland, requirements laid down in law regulating the use of the geographical indication in Northern Ireland, including, so far as it applies to Northern Ireland, any legislation that forms part of domestic law of Northern Ireland by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
(iii)
where the geographical area concerned is located in, or partly in, a third country:
(aa)
requirements laid down in law regulating the use of the geographical indication in the third country in which the relevant geographical area is located or partly located, and
(bb)
where they must be complied with in the third country in which the relevant geographical area is located, or partly located, provisions laid down by an organisation that manages the geographical indication regulating the use of the geographical indication in that country;
(b)
‘enactment’ means the following legislation whenever passed or made:
(i)
an Act, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that they extend to Northern Ireland;
(ii)
F5assimilated direct legislation, except to the extent that it extends to Northern Ireland;
(iii)
an Act of the Scottish Parliament, and an enactment contained in an instrument made under an Act of the Scottish Parliament;
(iv)
a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.
Article 11Application for protection relating to a geographical area in a third country
1.
Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 10, proof that the name in question is protected in its country of origin.
2.
The application for protection shall be sent to the F6Secretary of State, either directly by the applicant or via the authorities of the third country concerned.
3.
The application for protection shall be filed in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Article 12Applicants
1.
Any interested group of producers, or in exceptional cases a single producer, may lodge an application for protection of a geographical indication. Other interested parties may participate in the application for protection.
2.
Producers may lodge an application for protection only for aromatised wine products which they produce.
3.
In the case of a name designating a trans-border geographical area, a joint application for protection may be lodged.
F7Article 13Preliminary national procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8Article 13aApplication for protection relating to a geographical area in the United Kingdom
An application for the protection of a geographical indication for an aromatised wine product originating in the United Kingdom must be submitted to the Secretary of State.
Article 14Scrutiny by the F9Secretary of State
1.
The F10Secretary of State shall make the date of submission of the application for protection public.
2.
3.
Where the F13Secretary of State considers that the conditions laid down in this Chapter are met, F14the Secretary of State must publish the product specification referred to in Article 10(1)(c), and the single document referred to in Article 10(1)(d), in such manner as appears appropriate to the Secretary of State from time to time.
4.
Where the F15Secretary of State considers that the conditions laid down in this Chapter are not met, F16the Secretary of State must reject the application. F17After making a decision to reject the application, the Secretary of State must publish a notice in such manner as appears appropriate to the Secretary of State from time to time:
a)
informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and
b)
providing information about the right to appeal under Article 25a against that decision and the period within which an appeal may be made.
Article 15Objection procedure
Within two months from the date of publication provided for in Article 14(3), any F18natural or legal person with a legitimate interest, or the authorities of a third country, may object to the proposed protection by lodging with the F19Secretary of State a duly substantiated statement relating to the conditions of eligibility as laid down in this Chapter.
In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph.
Article 16Decision on protection
On the basis of the information available to the F20Secretary of State upon the completion of the objection procedure referred to in Article 15, the F20Secretary of State shallF21... either confer protection on the geographical indication which meets the conditions laid down in this Chapter and is compatible with F22F23assimilated law by approving the application, or reject the application where those conditions are not met. F24...
F25After making a decision under the first paragraph, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time:
(a)
a notice:
(i)
informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and
(ii)
providing information about the right to appeal under Article 25a against that decision and the period within which an appeal may be made, and
(b)
where the application is approved, a copy of the approved product specification.
Article 17Homonyms
1.
A name, for which an application for protection is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation, shall be registered with due regard for local and traditional usage and for any risk of confusion.
2.
A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
3.
The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.
Article 18Grounds for refusal of protection
1.
Names that have become generic shall not be protected as a geographical indication.
For the purposes of this Chapter, a ‘name that has become generic’ means the name of an aromatised wine product which, although relating to the place or the region where this product was originally produced or placed on the market, has become the common name of an aromatised wine product in the F26United Kingdom.
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
(a)
the existing situation in the F27United Kingdom, notably in areas of consumption;
(b)
the relevant F28... law.
2.
A name shall not be protected as a geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the aromatised wine product.
F29(3.
In this Article, ‘the relevant law’ means the following legislation whenever passed or made:
(a)
an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
(b)
F30assimilated direct legislation;
(c)
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;
(d)
an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;
(e)
a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.
Article 19Relationship with trademarks
1.
Where a geographical indication is protected under this Regulation, the registration of a trademark the use of which falls under Article 20(2) and relating to an aromatised wine product shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the geographical indication to the F31Secretary of State and the geographical indication is subsequently protected.
Trademarks registered in breach of the first subparagraph shall be invalidated.
2.
Without prejudice to Article 17(2), a trademark the use of which falls under Article 20(2), which has been applied for, registered or established by use, F32in the United Kingdom before the date on which the application for protection of the geographical indication is submitted to the F33Secretary of State, may continue to be used and renewed notwithstanding the protection of a geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified F34in, or under, the TMA.
In such cases the use of the geographical indication shall be permitted alongside the relevant trademarks.
F35Article 19aTransitional provisions: relationship with trade marks
(1.
Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where, if the trade mark is registered, the use of the trade mark will contravene Article 20(2) in relation to a category A geographical indication.
(2.
Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where:
(a)
if the trade mark is registered, the use of the trade mark will contravene Article 20(2) in relation to a category B geographical indication, and
(b)
after the application for the trade mark is accepted but before the trade mark is registered:
(i)
in the case of a type 2B geographical indication:
(aa)
the international agreement referred to in paragraph (c) of column 2 of row 2 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and
(bb)
the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered;
(ii)
in the case of a type 3B geographical indication:
(aa)
the Secretary of State publishes an Article 16 approval notice relating to the geographical indication, and
(bb)
the Article 16 approval notice is brought to the attention of the registrar before the trade mark is registered.
(3.
Where an application for a declaration of invalidity is made under the TMA (as applied by Article 19b(1) and modified by Article 19b(2)) in relation to the registration of a trade mark, the registration of the trade mark must be declared to be invalid, unless paragraph 4 applies, if:
(a)
the application to register the trade mark was pending immediately before IP completion day or filed during the relevant period,
(b)
the use of the trade mark contravenes, or will, if used, contravene, Article 20(2) in relation to a category B geographical indication, and
(c)
in the case of a type 3B geographical indication, the Secretary of State publishes an Article 16 approval notice relating to the geographical indication on or after the day on which the trade mark application is accepted.
(4.
This paragraph applies where a column 5 date applies in relation to a category A or B geographical indication and, taking account of any priority claimed in respect of an application to register the trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and on the basis of the information available to the registrar, it appears to the registrar that the date of filing of the trade mark application is earlier than the column 5 date that applies to the relevant category A or B geographical indication.
(5.
As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 2A or 3A geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the geographical indication provides that an application for a trade mark must be refused, regardless of when that application is filed, if the trade mark, if registered, will contravene a provision in the EUIA providing for the protection of the use of the geographical indication
(6.
As regards paragraph 3, a column 5 date does not apply in relation to a type 2B or 3B geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the geographical indication provides that the registration of a trade mark must be invalidated if, regardless of when the application that resulted in the registration of the trade mark is filed, the use of the trade mark contravenes a provision in the EUIA providing for the protection of the use of the geographical indication.
(7.
In a case of a category A or B geographical indication that is not on Great Britain's GIs Register at the time an assessment is carried out under paragraph 1, 2 or 3, the geographical indication is to be treated, for the purpose of the assessment, as being a geographical indication protected under this Regulation in determining whether the use of the trade mark will contravene Article 20(2) in relation to that geographical indication.
(8.
A trade mark that could be used in the United Kingdom under Article 19(2) of EU Regulation 251/2014 immediately before IP completion day may continue to be used in Great Britain:
(a)
notwithstanding that the use of the trade mark would contravene Article 20(2) of this Regulation in relation to a geographical indication registered by the Secretary of State under this Regulation;
(b)
provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.
(9.
Nothing in this Regulation prevents a trade mark that could be renewed in the United Kingdom pursuant to Article 19(2) of EU Regulation 251/2014 immediately before IP completion day from being renewed after IP completion day:
(a)
notwithstanding that the use of the renewed trade mark would contravene Article 20(2) in Great Britain in relation to a geographical indication registered by the Secretary of State under this Regulation;
(b)
provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.
(10.
Where paragraph 8 or 9 applies to the use or renewal of a trade mark, this does not affect the use of a geographical indication entered on Great Britain's GIs Register by the Secretary of State:
(a)
following a decision by the Secretary of State to grant an application to register the geographical indication submitted under Article 11;
(b)
under the second paragraph of Article 16.
(11.
In this Article:
(b)
‘a category A geographical indication’ means a type 1, 2A or 3A geographical indication;
(c)
‘a category B geographical indication’ means a type 2B or 3B geographical indication;
(d)
‘column 5 date’, in relation to a geographical indication that is a category A or B geographical indication, means the date specified, or provided for, in column 5 of the Types Table in the row relating to the relevant type of geographical indication;
(e)
‘date of filing’:
(i)
in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA for the existing EUTM application;
(ii)
in the case of an ITM-based trade mark application, means:
(aa)
in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);
(bb)
in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);
(iii)
in any other case, has the meaning given by section 33 of the TMA;
(f)
‘EUTM-based trade mark application’ means an application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule;
(g)
‘existing EUTM application’ has the same meaning as in paragraph 24 of Schedule 2A to the TMA;
(h)
‘existing ITM application’ has the same meaning as in paragraph 27(1)(a) of Schedule 2B to the TMA;
(i)
‘existing request for EU extension’ has the same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA;
(j)
‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the TMA applies that is made within the period specified in paragraph 28(1)(c) or 29(1)(c) (as the case may be) of that Schedule;
(k)
‘the registrar’ has the meaning given by section 62 of the TMA.
(12.
Any reference in this Article to:
(a)
‘priority claimed in respect of an application’:
(i)
in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA;
(ii)
in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA;
(iii)
in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA;
(b)
an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject of the application, before IP completion day;
(c)
a trade mark includes a reference to:
(i)
a collective mark as defined in section 49(1) of the TMA;
(ii)
a certification mark as defined in section 50(1) of the TMA.
F35Article 19bApplication and modification of trade mark provisions
(1.
For the purpose of Article 19a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2:
(a)
subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 19a(3);
(b)
section 72 (registration to be prima face evidence of validity);
(c)
section 73 (certificate of validity of contested application);
(d)
section 74 (registrar's appearance in proceedings involving the register of trade marks);
(e)
section 75 (definition of ‘the court’);
(f)
section 76 (appeals) except for subsection (5);
(g)
section 77(1) (persons appointed to hear and determine appeals).
(2.
The modifications are:
(a)
section 47 applies as if:
(i)
in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 19b(1) of Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,’;
(ii)
in subsection (5), for ‘grounds of invalidity exist’ there were substituted ‘ground for invalidity specified in Article 19a(3) of Regulation (EU) No 251/2014 of the European Parliament and of the Council exists’;
(b)
section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’;
(c)
section 76(1) applies as if:
(i)
in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 19a of Regulation (EU) No 251/2014 of the European Parliament and of the Council’;
(ii)
the second paragraph were omitted;
(d)
section 77(1) applies as if, at the end there were inserted ‘as applied by Article 19b(1) of Regulation (EU) No 251/2014 of the European Parliament and of the Council’.
(3.
In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:
(a)
an application to invalidate a trade mark referred to in Article 19a(3);
(b)
an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).
F36Article 19cThird Country geographical indications covered by bridging arrangements
(1.
A geographical indication to which paragraph 2 applies is, for the protection period, to be entered on Great Britain’s GIs Register.
(2.
This paragraph applies to a geographical indication which relates to a geographical area in a third country (“C”) which:
(a)
was, immediately before IP completion day, protected in the European Union under an EUIA to which the European Union and C were contracting parties, and
(b)
is, before a qualifying international agreement enters into force, to be protected in Great Britain pursuant to any written arrangements made by the United Kingdom and C (“bridging arrangements”).
(3.
For the purposes of this Article, “the protection period”, in relation to a geographical indication, is the period for which:
(a)
the relevant bridging arrangements have effect, or
(b)
if only part of the relevant bridging arrangements relates to the geographical indication, that part has effect.
(4.
In this Article “qualifying international agreement” means an international agreement between the United Kingdom and C, which has been initialled.
F36Article 19dTransitional provisions: relations between trade marks and geographical indications when bridging arrangements are in effect
(1.
Where a geographical indication is entered on Great Britain’s GIs Register under Article 19c, Articles 19a and 19b and Annex 2A apply for the purposes of determining:
(a)
whether an application to register a trade mark which was pending before IP completion day or was made during the relevant period, must be refused, or
(b)
if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,
but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).
(2.
The modifications mentioned in paragraph 1 are that Articles 19a and 19b and Annex 2A are to be read as if:
(a)
in the case of a type A term, any reference to a type 1A geographical indication included a reference to a type A term;
(b)
in the case of a type B term, any reference to a type 1B designation of origin or geographical indication included a reference to a type B term.
(3.
In addition, Article 19b and Annex 2A are to be read as if any reference to Article 19a included a reference to that Article as applied by this Article.
(4.
The Secretary of State may, by regulations, make such further modifications to Article 19a or 19b or Annex 2A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to geographical indications and trade marks before IP completion day continue to apply appropriately during the relevant period.
(5.
For the purposes of this Article:
‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 19b(1) and modified by Article 19b(2)) in relation to the registration of a trade mark;
‘type A term’ means a geographical indication which—
- (i)
is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s GIs Register under Article 19c, or
- (ii)
is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;
‘type B term’ means a geographical indication which is not entered in the register under Article 19c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted.
Article 20Protection
1.
Geographical indications protected under this Regulation may be used by any operator marketing an aromatised wine product which has been produced in conformity with the corresponding product specification.
2.
Geographical indications protected under this Regulation and the aromatised wine products using those protected names in conformity with the product specification shall be protected against:
(a)
any direct or indirect commercial use of a protected name:
- (i)
by comparable products not complying with the product specification of the protected name; or
- (ii)
in so far as such use exploits the reputation of a geographical indication;
(b)
any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcribed or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
(c)
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
(d)
any other practice liable to mislead the consumer as to the true origin of the product.
3.
Geographical indications protected under this Regulation shall not become generic in F37Great Britain within the meaning of Article 18(1).
F384.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 21Register
F391.
The F40Secretary of State must establish and maintain an electronic register of geographical indications protected under this Regulation for aromatised wine products which shall be publicly accessible.
F41(2.
Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to confer protection on a geographical indication, the Secretary of State must, as soon as possible after the notice period for the notice has expired:
(a)
record the following data in the register:
(i)
the registered name (or names) of the product;
(ii)
the date of protection;
(iii)
an indication that the name is protected as a geographical indication;
(iv)
an indication of the permitted country or countries of origin;
(b)
attach a copy of the product specification for the geographical indication to the register.
(3.
An entry for a geographical indication recorded in the register pursuant to paragraph 2(a) confers the protection provided for in Article 20 and that protection runs from immediately after:
(a)
the entry is recorded in the register, and
(b)
the product specification referred to in paragraph 2(b) has been attached to the register.
(4.
Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve an amendment to a product specification for a geographical indication that is not minor and the amendment includes a change that affects the information recorded in the register for the geographical indication pursuant to paragraph 2, the Secretary of State must as soon as possible after the notice period for the decision notice has expired:
(a)
delete the original data, and record the new data, in the register, and
(b)
replace the copy of the product specification attached to the register with a copy of the approved amended product specification.
(5.
The new data recorded in the register pursuant to paragraph 4(a) and the provisions in the approved amended product specification attached to the register pursuant to paragraph 4(b) come into force immediately after:
(a)
the new data is recorded in the register, and
(b)
the copy of the amended product specification is attached to the register.
(6.
Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve an amendment to a product specification for a geographical indication that is not minor and the change in the product specification does not affect the information recorded in the register pursuant to paragraph 2, the Secretary of State must replace the copy of the product specification attached to the register with a copy of the approved amended product specification as soon as possible after the notice period for the decision notice has expired.
(7.
The approved amended product specification attached to the register pursuant to paragraph 6 comes into force immediately after it is attached to the register.
(8.
Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve a change in a product specification for a geographical indication that is minor, the Secretary of State must replace the copy of the product specification attached to the register with a copy of the approved amended product specification as soon as possible after the notice period for the notice has expired.
(9.
The approved amended product specification attached to the register pursuant to paragraph 8 comes into force immediately after it is attached to the register.
(10.
Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to cancel the protection of a geographical indication, the Secretary of State must delete the entry relating to the geographical indication in the register as soon as possible after the notice period for the cancellation decision notice has expired. The cancellation takes effect immediately after the entry is removed from the register.
F4211.
Geographical indications pertaining to products of third countries that are protected in F43Great Britain pursuant to an international agreement to which the F44United Kingdom is a contracting party may be entered in the register referred to in F45paragraph 1 as geographical indications protected under this Regulation.
F46(12.
An entry recorded on the register pursuant to paragraph 11 comes into force (and confers the protection provided by Article 20):
(a)
in a case where the register is established by the Secretary of State after IP completion day but before the end of the day following the day on which IP completion day falls and the entry is recorded on the register as established during that period, on IP completion day;
(b)
in any other case, immediately the entry is recorded on the register.
(13.
In this Article:
(a)
‘decision notice’:
(i)
in paragraph 2 means a notice published under the second paragraph of Article 16;
(ii)
in paragraphs 4 and 6 means a notice published under the second paragraph of Article 16 as it applies to an application for an amendment to a product specification that is not minor by virtue of Article 24(2);
(iii)
in paragraph 8 means a notice published under Article 24(3);
(iv)
in paragraph 10 means a notice published under the second paragraph of Article 16 as it applies to cancellations by virtue of the second paragraph of Article 25;
(b)
in relation to a notice referred to in this Article, ‘notice period’ means the period of 20 days from the day on which the relevant notice is published by the Secretary of State, beginning with the day on which the notice is published.
(14.
In this Article a reference to ‘the information recorded in the register pursuant to paragraph 2’ means the information recorded in the register pursuant to paragraph 2 or, where that information has been amended, that information as amended from time to time.
F47Article 22Designation of competent authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 23Verification of compliance with specifications
1.
In respect of geographical indications protected under this Regulation relating to a geographical area within F48Great Britain, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)
the competent authority F49designated by regulation 4 of the Wine Regulations 2011 as it extends to Great Britain; or
(b)
one or more F50delegated bodies responsible for the verification within the meaning of point 5 of F51Article 2 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products operating as a product certification body in accordance with the requirements laid down in Article 5 of that Regulation.
The costs of such verification shall be borne by the operators subject to it.
F52(1a.
In respect of geographical indications protected under this Regulation relating to a geographical area in Northern Ireland, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, must be ensured by:
(a)
the Secretary of State, or
(b)
one or more certification bodies.
2.
In respect of geographical indications protected under this Regulation relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)
one or more public authorities designated by the third country; or
(b)
one or more certification bodies.
3.
The bodies referred to in point (b) of paragraph 1 F53, point (b) of paragraph 1a and point (b) of paragraph 2 shall comply with, and be accredited in accordance with, the Standard EN ISO/IEC 17065:2012 (Conformity assessments — Requirements for bodies certifying products processes and services).
4.
Where the authority or authorities referred to in point (a) of paragraph 1 F54, point (b) of paragraph 1a and point (a) of paragraph 2 verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.
Article 24Amendments to product specifications
1.
An applicant satisfying the conditions of Article 12 may apply F55to the Secretary of State for approval of an amendment to the product specification of a geographical indication protected under this Regulation, in particular in order to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of Article 10(2). Applications shall describe and give reasons for the amendments requested.
2.
Where the proposed amendment involves one or more changes to the single document referred to in point (d) of Article 10(1), Articles F5614 to 16 shall apply mutatis mutandis to the application for amendment. However, if the proposed amendment is only minor, the F57Secretary of State must decide whether to approve the application without following the procedure laid down in Article 14(2) and Article 15 F58....
F59(3.
The Secretary of State, after making a decision in relation to an application for a proposed amendment that is minor, must publish in such manner as appears appropriate to the Secretary of State from time to time:
(a)
a notice:
(i)
informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and
(ii)
providing information about the right to appeal under Article 25a against that decision and the period within which an appeal may be made, and
(b)
where the application is approved, a copy of the approved amended product specification for the geographical indication.
Article 25Cancellation
The F60Secretary of State may, on the Secretary of State's own initiative or at the duly substantiated request of F61... a third country or of a natural or legal person having a legitimate interest, decideF62... to cancel the protection of a geographical indication if compliance with the corresponding product specification is no longer ensured. F63...
Articles F6414 to 16 shall apply mutatis mutandis.
F65Article 25aAppeals: general
(1.
An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Annex 2B.
(2.
Such an appeal may be made:
(a)
in all cases, by a person specified in the corresponding entry in column 2 of the table in Annex 2B;
(b)
in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country.
(3.
In determining such an appeal, the FTT:
(a)
must consider the decision appealed against afresh;
(b)
may take into account evidence that was not available to the Secretary of State.
(4.
The FTT may:
(a)
dismiss the appeal, or
(b)
if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Annex 2B.
(5.
Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:
(a)
the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that fresh decision and the reasons for that decision;
(b)
the provisions of this article, Article 25b and Annex 2B apply to the fresh decision made by the Secretary of State.
F65Article 25bSecretary of State decision to consider a decision afresh and the effect of that decision on an appeal
(1.
The Secretary of State may, on the Secretary of State's own initiative, consider a decision specified in column 1 of the table in Annex 2B (‘the original decision’) afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision.
(2.
Paragraph 1 applies even though an appeal has been made to the FTT in respect of the original decision.
(3.
Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision:
(a)
the Secretary of State must notify the FTT of the Secretary of State's decision to consider the original decision afresh and must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision;
(b)
the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter;
(c)
the Secretary of State must, following the making of the fresh decision, notify the FTT of that decision and must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision and the reasons for that decision.
(4.
If the Secretary of State makes the same decision again, the appeal to the FTT restarts.
(5.
If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.
Article 26F66Established geographical designations
1.
F67Established protected geographical designations of aromatised wine products F68... shall automatically be protected as geographical indications under this Regulation. The F69Secretary of State must, list them in the register provided for in Article 21 of this Regulation. F70The entries made to the register are to be treated as taking effect on IP completion day.
F712.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F713.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F714.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72Article 27Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 28F73Power to make regulations
1.
In order to take account of the specific characteristics of the production in the demarcated geographical area, the F74Secretary of State may make regulations concerning:
(a)
criteria for the demarcation of the geographical area; and
(b)
rules, restrictions and derogations related to the production in the demarcated geographical area.
2.
In order to ensure product quality and traceability, the F75Secretary of State may make regulations in order to establish the conditions under which product specifications may include additional requirements to those referred to in Article 10(2)(f).
3.
In order to ensure the rights or legitimate interests of producers or operators, the F76Secretary of State may make regulations in order to:
(a)
determine the cases in which a single producer may apply for the protection of a geographical indication;
(b)
determine the restrictions governing the type of applicant that may apply for the protection of a geographical indication;
(c)
establish the conditions to be followed in respect of an application for the protection of a geographical indication, scrutiny by the F77Secretary of State, the objection procedure, and procedures for amendment and cancellation of geographical indications;
(d)
establish the conditions applicable to transborder applications;
(e)
set the date of submission of an application or a request;
(f)
set the date from which protection shall run;
F78fa)
amend Article 21(3) as regards the date from which protection runs;
(g)
establish the conditions under which an amendment is to be considered as minor as referred to in Article 24(2);
(h)
set the date on which an amendment shall enter into force;
F79ha)
amend Article 21(5), (7) or (9) as regards the date on which an amendment enters into force;
(i)
establish the conditions relating to the applications for, and approval of, amendments to the product specification of a geographical indication protected under this Regulation, where such amendments do not involve any change to the single document referred to in point (d) of Article 10(1).
4.
In order to ensure adequate protection, the F80Secretary of State may make regulations concerning the restrictions regarding the protected name.
Article 29F81Further power to make regulations
1.
The F82Secretary of State may make regulations related to this Chapter regarding:
(a)
the information to be provided in the product specification with regard to the link referred to in point (3) of Article 2 between the geographical area and the final product;
(b)
the means of making the decisions on protection or rejection referred to in Article 16 available to the public;
(c)
the submission of trans-border applications;
(d)
checks and verification to be carried out by the F83authorities specified in those regulations, including testing.
F84...
2.
The F85Secretary of State may, by regulations, make provision for all necessary measures related to this Chapter as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a geographical indication, as well as the procedure, including admissibility, for requests for objection F86or cancellation, and the submission of information relating to F87established protected geographical designations, in particular with respect to:
(a)
models for documents and the transmission format;
(b)
time limits;
(c)
the details of the facts, evidence and supporting documents to be submitted in support of the application or request.
F88...
Article 30Inadmissible application or request
Where an application or a request submitted under this Chapter is deemed inadmissible, the F89Secretary of State must reject it as inadmissible.