Commission Implementing Regulation (EU) 2019/34Show full title

CHAPTER III U.K. TRADITIONAL TERMS

SECTION 1 U.K. Applications for protection

Article 21 U.K. Application for protection

1. The application for protection of a traditional term shall be communicated to the [F1 Secretary of State by a representative professional organisation established in the United Kingdom or a third country, as relevant, or, in the case of a third country, by a competent authority of that third country,] in accordance with Article 30(3).

2. In the case of a request submitted by a representative professional organisation F2 ..., the applicant shall communicate the information regarding the representative professional organisation and its members to the [F3 Secretary of State] in accordance with Article 30(3). The [F3 Secretary of State] shall make this information public.

Textual Amendments

F1 Words in Art. 21(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(23)(a)

F2 Words in Art. 21(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(23)(b)(i)

F3 Words in Art. 21(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(23)(b)(ii)

SECTION 2 U.K. Objection procedure

Article 22 U.K. Submission of an objection

1. A [F4 third country] or any natural or legal person having a legitimate interest may submit an objection to the application for protection of a traditional term within two months of the date [F5 on which the Secretary of State publishes the application under] Article 28(3) of Delegated Regulation (EU) 2019/33.

2. An objection shall be communicated to the [F6 Secretary of State] in accordance with Article 30(3).

Textual Amendments

F4 Words in Art. 22(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(24)(a)(i)

F5 Words in Art. 22(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(24)(a)(ii)

F6 Words in Art. 22(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(24)(b)

Article 23 U.K. Documents supporting an objection

1. A duly substantiated objection shall contain details of the facts, evidence and comments submitted in support of the objection, accompanied by the relevant supporting documents.

2. If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:

(a) proof of the filing or the registration of the earlier trade mark or proof of its use; and

(b) proof of its reputation and renown.

The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.

3. If the details of the prior right(s) claimed, ground(s), facts, evidence or comments, or the supporting documents, referred to in paragraphs 1 and 2, have not been produced at the date of submission of the objection or if details or documents are missing, the [F7 Secretary of State] shall inform the authority or person that lodged the objection accordingly and shall invite them to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before the time limit expires, the [F7 Secretary of State] shall reject the objection as inadmissible. The decision to reject the objection as inadmissible shall be notified to the authority or person that lodged the objection and to F8 ... the third-country authorities or the representative professional organisation F9 ....

Textual Amendments

F7 Words in Art. 23(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(25)(a)

F8 Words in Art. 23(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(25)(b)

F9 Words in Art. 23(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(25)(c)

Article 24 U.K. Submission of observations by the parties

1. Where the [F10 Secretary of State] communicates an objection which is not rejected in accordance with Article 23(3) to the applicant that submitted the application for protection, the applicant shall file observations within a period of two months from the issuance date of such communication.

2. Where so requested by the [F11 Secretary of State] in the course of [F12 the Secretary of State's] scrutiny of an objection, the parties shall provide comments on the communications received from the other parties, if appropriate, within a period of two months from the issuance date of such request.

Textual Amendments

F10 Words in Art. 24(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(26)(a)

F11 Words in Art. 24(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(26)(b)(i)

F12 Words in Art. 24(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(26)(b)(ii)

SECTION 3 U.K. Protection of traditional terms

Article 25 U.K. Registration

1. [F13 Following the publication of a notice under Article 31(3a) of Implementing Regulation (EU) 2019/33 by the Secretary of State relating to a decision by the Secretary of State to confer] protection over a traditional term, the [F14 Secretary of State] shall record the following data in the electronic register of protected traditional terms [F15 as soon as possible after the notice period has expired]:

(a) the name to be protected as a traditional term;

(b) the type of traditional term according to Article 112 of Regulation (EU) No 1308/2013;

(c) the language referred to in Article 24 of Delegated Regulation (EU) 2019/33;

(d) the grapevine product category or categories concerned by the protection;

(e) a reference to the national legislation of the F16 ... country in which the traditional term is defined and regulated, or to the rules applicable to wine producers in [F17 a third] country, including those originating from representative trade organisations, in the absence of national legislation in those third countries;

(f) a summary of the definition or conditions of use;

(g) the name of the country or countries of origin;

(h) the date of inclusion in the register.

[F18 1a. An entry made in Great Britain's Traditional Terms Register pursuant to paragraph 1 takes effect immediately after the entry relating to the traditional term is recorded in the register.]

2. The electronic register of protected traditional terms shall be made available to the public.

[F19 3. A traditional term to which paragraph 4 applies may be entered in Great Britain's Traditional Terms Register where the condition in paragraph 5 is satisfied.

4. This paragraph applies to a traditional term used in a third country that must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties (‘the UK-third country agreement’).

5. The condition is that the traditional term is a traditional term that was protected in the European Union immediately before IP completion day pursuant to an international agreement to which the European Union and the third country were contracting parties.

6. The same protection is to be afforded to a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3 as a traditional term included in the register following the approval of an application submitted in compliance with this Regulation and Delegated Regulation (EU) 2019/33.

7. In relation to the protection of a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3, the following conditions apply to the use of the term:

(a) insofar as relevant, any conditions laid down in the law of the third country relating to the use of the traditional term, and

(b) any other conditions referred to, or laid down, in the UK-third country agreement relating to the use of the traditional term.

8. An entry recorded in the register pursuant to paragraph 3 is to be treated as taking effect:

(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 in the register as established during that period, on IP completion day;

(b) in any other case, immediately the entry is recorded in the register.]

Textual Amendments

F13 Words in Art. 25(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(a)(i)(aa)

F14 Words in Art. 25(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(a)(i)(bb)

F15 Words in Art. 25(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(a)(i)(cc)

F16 Words in Art. 25(1)(e) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(a)(ii)(aa)

F17 Words in Art. 25(1)(e) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(a)(ii)(bb)

F18 Art. 25(1a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(b)

F19 Art. 25(3)-(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(27)(c)

[F20 Article 25a U.K. Register: established protected traditional terms

1. The Secretary of State must include the relevant data for each established protected traditional term in Great Britain's Traditional Terms Register when the register is established by the Secretary of State or, if that is not possible, as soon as possible after the register is established.

2. In this Article:

(a) ‘the corresponding EU traditional term’, in relation to an established protected traditional term, means the traditional term that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected traditional term;

(b) ‘an established protected traditional term’ has the meaning given by Article 1a(j) of Delegated Regulation (EU) 2019/33;

(c) ‘Great Britain's Traditional Terms Register’ has the meaning given by Article 1a(m) of Delegated Regulation (EU) 2019/33;

(d) ‘the European Commission's Traditional Terms Register’ means the register maintained by the European Commission under Article 25 of EU Regulation 2019/34;

(e) ‘the relevant data’, in relation to an established protected traditional term, means the data specified in Article 25(1)(a) to (g) of EU Regulation 2019/34 that is in the European Commission's Traditional Terms Register for the corresponding EU traditional term immediately before IP completion day.]

Textual Amendments

F20 Art. 25a inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(28), Sch. 9 Pt. 4

Article 26 U.K. Enforcement of the protection

For the purposes of the application of Article 113 of Regulation (EU) No 1308/2013, where there is unlawful use of protected traditional terms, competent national authorities, on their own initiative or at the request of a party, shall take all measures to prevent or stop the marketing, including any [F21 movement to Northern Ireland or] export, of the products in question.

Textual Amendments

F21 Words in Art. 26 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(29)

SECTION 4 U.K. Modification and cancellation

Article 27 U.K. Modification request

1. Articles 21 to 24 shall apply mutatis mutandis to a request to modify a protected traditional term.

[F22 1a. After making a decision whether to approve a modification to a traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:

(a) informing the applicant and the public of the decision made by the Secretary of State and the reasons for that decision, and

(b) providing information about the right to appeal against the decision under Article 39a of Delegated Regulation (EU) 2019/33 and the period within which an appeal may be made.]

2. Where the [F23 Secretary of State publishes a notice under paragraph 1a relating to a decision of the Secretary of State to approve] a modification to a traditional term, [F24 the Secretary of State] shall record the new specifications [F25 in Great Britain's Traditional Terms Register as soon as possible after the notice period relating to that notice has expired].

[F26 3. The new specifications take effect immediately after they are recorded in Great Britain's Traditional Terms Register.]

Textual Amendments

F22 Art. 27(1a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(30)(a)

F23 Words in Art. 27(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(30)(b)(i)

F24 Words in Art. 27(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(30)(b)(ii)

F25 Words in Art. 27(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(30)(b)(iii)

F26 Art. 27(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(30)(c)

Article 28 U.K. Cancellation request

1. A request to cancel the protection of a traditional term shall contain:

(a) the reference to the traditional term it refers to;

(b) the name and contact details of the natural or legal person seeking cancellation;

(c) a description of the legitimate interest of the natural or legal person that lodged the cancelation request;

(d) an indication of the grounds for cancellation, referred to in Article 36 of Delegated Regulation (EU) 2019/33;

(e) the details of the facts, evidence and comments in support of the cancellation request.

It may be accompanied by supporting documents, where relevant.

2. If detailed information concerning the grounds, facts, evidence and comments, as well as the supporting documents referred to in paragraph 1, have not been furnished at the same time as the cancellation request, the [F27 Secretary of State] shall inform the author of the cancellation request accordingly and shall invite him to remedy the deficiencies noted within a period of two months.

If the deficiencies are not remedied before the time limit expires, the [F27 Secretary of State] shall deem the cancellation request inadmissible and shall reject it. The decision deeming the request inadmissible shall be notified to the author of the cancellation request.

Textual Amendments

F27 Words in Art. 28(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(31)

Article 29 U.K. Scrutiny of a cancellation request

1. If the [F28 Secretary of State] does not deem the cancellation request to be inadmissible in accordance with Article 28(2), [F29 the Secretary of State] shall communicate the cancellation request to F30 ... the third-country authorities or the applicant F31 ... and shall invite him to file observations within two months from the issuance date of such invitation. Any observations received within this two months period shall be communicated to the author of the request.

In the course of the examination of a cancellation request, the [F32 Secretary of State] shall invite the parties to submit comments on the communications received from the other parties within a period of two months from the issuance date of such request.

2. If F33 ... the third-country authorities or the applicant F34 ... or the author of a cancellation request does not file any comments in response, or does not respect the time periods, the [F35 Secretary of State] shall rule on the request.

3. A decision to cancel the protection of the traditional term concerned shall be taken by the [F36 Secretary of State] on the basis of the evidence available to [F37 the Secretary of State]. [F38 The Secretary of State] shall consider whether the grounds referred to in Article 36 of Delegated Regulation (EU) 2019/33 are fulfilled.

F39 ...

[F40 3a. After making a decision whether to cancel the protection of the traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:

(a) informing the author of the cancellation request, the public and, where relevant, the third country authorities in question of the decision made by the Secretary of State and the reasons for that decision, and

(b) providing information about the right to appeal under Article 39a of Delegated Regulation (EU) 2019/33 against the decision and the period within which an appeal may be made.]

4. Where multiple cancellation requests are lodged in respect of a traditional term and where it can be concluded from a preliminary examination of one or more such requests that it is no longer possible to continue to protect a traditional term, the [F41 Secretary of State] may suspend the other cancellation procedures. The [F41 Secretary of State] shall notify the parties that submitted the other cancellation requests of any decision affecting them which was taken in the course of the procedure.

Where a decision cancelling a traditional term is adopted, cancellation procedures which have been suspended shall be deemed to be closed and the authors of the cancellation requests in question shall be duly informed.

5. [F42 Where the Secretary of State publishes a notice under paragraph 3a relating to a decision of the Secretary of State to cancel a traditional term, the Secretary of State must] remove the name from the register [F43 as soon as possible after the notice period for the notice has expired,], while maintaining a record of the cancellation. [F44 The cancellation takes effect immediately after the name of the traditional term is removed from the register.]

Textual Amendments

F28 Words in Art. 29(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(a)(i)(aa)

F29 Words in Art. 29(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(a)(i)(bb)

F30 Words in Art. 29(1) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(a)(i)(cc)

F31 Words in Art. 29(1) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(a)(i)(dd)

F32 Words in Art. 29(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(a)(ii)

F33 Words in Art. 29(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(b)(i)

F34 Words in Art. 29(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(b)(ii)

F35 Words in Art. 29(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(b)(iii)

F36 Words in Art. 29(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(c)(i)(aa)

F37 Words in Art. 29(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(c)(i)(bb)

F38 Words in Art. 29(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(c)(i)(cc)

F39 Words in Art. 29(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(c)(ii)

F40 Art. 29(3a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(d)

F41 Words in Art. 29(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(e)

F42 Words in Art. 29(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(f)(i)

F43 Words in Art. 29(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(f)(ii)

F44 Words in Art. 29(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(32)(f)(iii)