CHAPTER IIPROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

SECTION 4Cancelling a protected designation of origin or geographical indication

Article 19Cancellation procedure

Requests to cancel a protected designation of origin or geographical indication, as referred to in Article 106 of Regulation (EU) No 1308/2013, shall follow the procedure laid down in Article 94 and Articles F197 to 99 of that Regulation together with provisions of Sections 1, 2 and 4 of Chapter II of this Regulation and of Sections 1, 2, 4 and 5 of Chapter II of Implementing Regulation (EU) 2019/34 mutatis mutandis.

The F2Secretary of State shall publish the cancellation request referred to in Article 13 of Implementing Regulation (EU) 2019/34 in F3such manner as appears appropriate to the Secretary of State from time to time.

Article 20Grounds for cancellation

For the purposes of Article 106 of Regulation (EU) No 1308/2013 compliance with the product specification shall also be deemed not to be ensured where no product bearing the protected name has been placed on the market for at least seven consecutive years.

Article 21Admissibility of cancellation requests

1.

For the purpose of Articles 106 of Regulation (EU) No 1308/2013 a substantiated cancellation request shall be admissible where:

(a)

the cancellation request complies with the requirements set out in Article 13(1) of Implementing Regulation (EU) 2019/34; and

(b)

the cancellation request is based on the grounds referred to in Article 106 of Regulation (EU) No 1308/2013.

2.

Where the F4Secretary of State considers that the cancellation request is not admissible F5the Secretary of State shall inform the F6... third country authority or the natural or legal person that submitted the request of the reasons supporting the finding of inadmissibility.

3.

Substantiated statements of objection to cancellation shall be admissible only where they show commercial reliance by an interested person on the registered name.