CHAPTER IIIGEOGRAPHICAL INDICATIONS

Article 32Cancellation

1.

The F1Secretary of State may, on the Secretary of State's own initiative or at the request of any natural or legal person having a legitimate interest, F2... cancel the registration of a geographical indication in either of the following cases:

(a)

where compliance with the requirements for the product specification can no longer be ensured;

(b)

where no product has been placed on the market under the geographical indication for at least seven consecutive years.

Articles 24, 26, 27, 28 and 30 shall apply mutatis mutandis to the cancellation procedure.

2.

Notwithstanding paragraph 1, the F3Secretary of State may, at the request of the producers of the spirit drink marketed under the registered geographical indication, F4cancel the corresponding registration.

3.

In the cases referred to in paragraphs 1 and 2, before F5taking a decision to cancel a geographical indication, the Secretary of State must consult the original applicant. In the case of a geographical indication relating to an area in a third country, the Secretary of State must, where possible, consult the third country applicant who originally applied for the registration of the geographical indication or, where this is not possible, the authorities of the relevant third country. The provisions of this paragraph do not apply if the cancellation is directly requested by F6the original applicant.

F74.

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F85.

An implementing act to which paragraph 6 applies is revoked.

6.

This paragraph applies to an implementing act adopted by the European Commission under Article 32 of EU Regulation 2019/787 and incorporated into domestic law by section 3(1) of the EUWA.

7.

In this Article, in relation to a geographical indication to which paragraph 1 or 2 applies, ‘the original applicant’ means the person who submitted the application to the Secretary of State under Article 24 that resulted in the Secretary of State making the decision to register the geographical indication under this Regulation.