RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.10/Suppl.2
24 July 2000
(00-3048)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
French
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Responses to the Checklist of Questions1
Supplement
The Secretariat has received the following responses from Greece, Ireland and Luxembourg*,
by means of a communication from the Permanen t delegation of the European Commission, dated
10 April 2000.2
_______________
Responses from Greece
I. REPLIES TO QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law,
e.g. passing off, false designation of origin; through a formal procedure for
notification/registration before protection is available; or through both?  Does the recognition ofa geographical indication require registration?
Wines and Spirits:  Geographical indications and appellations of origin are protected
ex officio.  Recognition at national level as well as registration and publication in the EU Official
Journal are required (see Regulations (EEC) 822 /87 Article 72, 823/87 Article 1, 2392/89 Article 2,
1576/89 Article 5, 1601/91 Article 6;  national laws:  Legislative Decree 243/69 Articles 4 and 5,
Law 427/76 Articles 3 and 4).
Protection is accorded on the condition that the products concerned are produced within the
boundaries of specific regions and that certain strictly defined criteria such as:  vine varieties, yieldsper Ha, cultivation and pruning techniques, minimu m alcoholic content, organoleptic characteristics
etc, are met.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.
* The answers from Luxembourg only concern the questions contained in document IP/C/13.
2 These responses supplement those reproduced in document IP/C/W/117/Add.10.IP/C/W/117/Add.10/Suppl.2
Page 2
Protection is provided against any misuse or imitation even if the indication is used in
translation or with reference to the actual origin or with additions such as "type", "method", "style",
"kind", "imitation" or the like.
Other agricultural products and foodstuffs:  Registration of protected geographical indications
and appellations of origin at the Community leve l is needed (Regulation (EEC) 2081/92 Articles 5, 6
and 7).
A group of producers must submit a detailed application for registration.  Natural or legal
persons may also submit an application under certain conditions (Regulation (EEC) 2037/93
Article 1).  The application should be submitted to the competent regional directorate for agriculture
and must contain at least the information and data specified in Article 4 of Regulation (EEC) 2081/92.A first examination of the application takes place at local level.  The file together with the opinion of
the regional directorate of agriculture as well as the views of other relevant bodies in the region
having an economic interest is transmitted to the competent central services of the Ministry of
Agriculture who takes a final decision at the national level.  After that the file is transmitted to the
Commission of the EU.  Within six months, the Commission must take a final decision and publishes
the application in the Official Journal of the EU.  Following publication a six month period is opened
for objections by interested parties (other member States or any natural or legal person having a
legitimate economic interest).
Appropriately registered geographical indications and appellations of origin are protected ex
officio against any misuse as referred to  in Article 13 of Regulation (EEC) 2081/92.
2. Is there one single regime of protection of geographical indications for all products?  If
not, identify the different regimes.
No, different regimes exist for the protection of geographical indications and denominations
of origin as follows:
Wines:  Regulations (EEC) 2247/73, 822/ 87, 823/87, 2392/89, 3886/89, 3201/90, laying
down special provisions relating to the quality wines produced in specified regions, as well as
establishing general rules for the designation and presentation of wines and grape musts.  In addition
national laws (i.e. Legislative Decree 243/25.7.69, Law 427/31.8.76) setting general rules concerning
procedures, inspections, imposition of penalties and criminal procedures for protected geographical
indications and designations of origin are applied.
Spirits:  Regulations (EEC) 1576/89, 3378/94 laying down general rules on the definition,
description and presentation of spirit drinks.
Other agricultural products and foodstuffs:  Regulation (EEC) 2081/92 on the protection of
geographical indications and designations of origin for agricultural products and foodstuffs.  In
addition, national laws (i.e. Law 2040/92 Article 11, Presidential decrees 61/93, 81/93, 291/93) setting
general rules concerning the definition, presentation, inspection, imposition of penalties and othercriminal procedures in relation to olive oil and other agricultural products and foodstuffs are also
applied.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
No.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to lawsIP/C/W/117/Add.10/Suppl.2
Page 3
should be provided and, if the texts of the laws have not been notified to  the WTO, copies should
be provided pursuant to Article 63.2.
See replies to question 1 above.  Also the following provisions are applied:
• Wines:  Article 72a of Regulation (EEC) 822/87, Article 10a of Regulation (EEC)
601/91.  Articles 14, 15, 16 and 17 of Legislative Decree 243/69 as amended by Law
427/76.
• Spirits:  Article 11a of Regulation (EEC) 1576/89.
• Other agricultural products and foodstuffs:  In addition to the provisions of
Regulation (EEC) 2081/92, Article 11 of Law 2040/92 is applied.
5. If the required recognition of geographical indications is not provided through statutes
or regulations, please explain, in detail, th e mechanism or mechanisms through which the
protection required is provided.
See replies to questions 1 – 4 above.
6. Please provide a few examples of domestic geographical indications protected in
accordance with the means discussed above and i ndicate the means by which such protection is
provided.
Wines:  Nemea, Mandenea, Peza, Archanes, Samos, Mavrodafni from Patras, Retsina from
Attiki, local wine from Macedonia, Santorini, Zitsa,  etc.  Registered and published in the Official
Journal "C" No. 348/82, 155/92, 203/93 according to Regulations (EEC) 2247/73, 2392/89.
Spirits:  Tsikoudia from Creta, Tsipouro fro m Macedonia, Brandy from Attiki, Brandy from
Peloponnesos etc.  Regulation (EEC) 1576/89, Annex II.
Other agricultural products and foodstuffs:  Cheeses:  Katiki Domokou, Manouri,
Kefalograviera, Graviera Naxou, etc.  Registered and published in the Official Journal of the EU, "L"
148/96, Regulation (EC) 1107/96.
Olive oil:  Thasos, Lakonia, Preveza, Kranidi Argolidas, Chania from Creta etc.  Registered
and published in the Official Journal of the EU, "L" 148/96, Regulation (EC) 1107/96.
Table olives:  Kalamatas, Conservilia Amfissas, Throuba Thasou etc.  Registered and
published in the Official Journal of the EU, "L" 163/96, Regulation (EC) 1263/96.
Fruits and Vegetables:  kiwi fruit from Sperchios, apples from Zagora of Pelion, dried figs
from Kymi, eggplant Tsakoniki from Lonidion, pistachios from Aegina, orange from Maleme of
Chanea etc.  Registered and published in the Official Journals of the EU, "L" 148/96, 163/96,
Regulations (EC) 1107/96, 1263/96.
Other:  honey from Menalon etc.  Registered and published in the Official Journal of the EU,
"L" 163/96, Regulation (EC) 1263/96.
Protection is provided according to the provisions of Regulation (EEC) 2081/92.IP/C/W/117/Add.10/Suppl.2
Page 4
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the
TRIPS Agreement provided for any other product?  If so, please specify such products and the
law under which they are protected.
Yes, pursuant to Regulation (EEC) 2081/92 (Article 13).
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Wines:  The definitions for quality wines of controlled appellations of origin and of table
wines of simple appellations of origin are given in Article 3 of Regulation (EEC) 823/87, Article 72
of Regulation 822/87, as well as in Articles 4 and 5 of Legislative Decree 243/69 as amended byArticles 3 and 4 of Law 427/76.
In general, quality wines of controlled appellations of origin should come from grapes of
selected fine varieties growing on soils proper for the production of high-quality wines, cultivated
traditionally within restricted vinicultural zones.  Certain production requirements, namely yield perHa, cultivation techniques and methods, minimum natural alcoholic strength and organoleptic
characteristics, also should be met.  Table wines of simple appellations of origin should come from
appropriate varieties of grapes grown on proper soils, within a restricted vinicultural zone.
Processing of grapes into must and of must in to wine should take place within the defined
zone of origin.
Spirits:  The definition is given in Article 5 of Regulation (EEC) 1576/89 in conjunction with
Annex II.
Other agricultural products and foodstuffs:  The definitions are given in Article 2 of
Regulation 2081/92 as well as in Article 11 of Law 2040/92, Article I of Presidential Decree 61/93
and Article 1, paragraphs 1, 2 of Presidential Decree 81/93.
In general, the term "geographical indication" means the name of a specific region, a specific
place or in exceptional cases a country, used to describe an agricultural product or a foodstuff
originating in that region, specific place or country and which possesses a specific quality, reputationor other characteristics attributable to that geographical origin and the production and/or processing
and/or preparation of which take place in the defined geographical area.
The term "designation of origin" means the name of a specific region, a specific place or in
exceptional cases a country, used to describe an agricultural product or a foodstuff originating in thatregion, specific place or country and the quality or characteristics are essentially exclusively due to a
particular geographical environment with its inherent natural and human factors and the production
and/or processing and/or preparation of which take place in the defined geographical area.
Furthermore, as "designations of origin" are considered certain traditional geographical or
non-geographical names designating an agricultural product or foodstuff originating in a region or a
specific place which fulfil the conditions set out for designations of origin.
9. Would such a definition comprise geographi cal indications identifying products of a
certain quality or reputation which are indirectly linked to a specific region?
The definitions referred to above identify products of a certain quality, notoriety or reputation
which are directly linked to the region of origin.IP/C/W/117/Add.10/Suppl.2
Page 5
10. In determining whether recognition should be given a geographical indication, what
criteria are considered?
See answers to question 8 above as well as the replies of the European Communities.
11. Is there any human creativity involved in the making of specific products under
protection by the system of geographical indicati ons?  If so, how much?  And do these products
involve any human factors?
Yes.  See also the replies of the European Communities.
12. Are there any other intellectual property ri ghts involved, such as patents for example?
No.
13. What authority, if any, may define the geog raphic region or area for which rights are
claimed and on what basis is such definition made?
Wines: The Ministry of Agriculture defines the geographical region or area as well as all
other conditions and criteria required, on the basis of a recommendation given by the Central
Committee for the Protection of Vine Production.
Other products:  Geographic regi on or area as well as all other specifications required are
defined by the group of producers applying for registration to the regional directorates for agriculture
and subsequently to the central services of the Ministry of Agriculture and to the European
Commission.
14. Does your legislation contain criteria for homonymous geographical indications for
wines?
Yes, in Article 15 of Regulation (EEC) 823/87 and Article 29 of Regulation (EEC) 2392/89.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Wines:  Yes, Regulations (EEC) 822/87 Ar ticles 61 and 72a, 2392/89 Article 40, 1601/90
Article 10a.
Spirits:  Yes, Regulation (EEC) 1576/89 Article 11a.
Other agricultural products and foodstuffs:  Yes, Regulation (EEC) 2081/92 Article 12.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the countr y of origin?  If so, please specify the relevant
statutory provision.
As a general rule protection of geographical indications and designations of origin is based on
the principle of its recognition and protection in the country of origin.IP/C/W/117/Add.10/Suppl.2
Page 6
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a
geographical indication?
Wines:  The Ministry of Agriculture.
Other products: Groups of producers and/or processors engaged in the production of the
specific product are entitled to submit an application (Regulation (EEC) 2081/92 Article 5).  Natural
or legal persons may also submit an application un der certain conditions (Regulation (EEC) 2037/93
Article 1).
18. What are the competent authorities where the protection of a geographical indication
can be obtained?
Wines and spirits:  The Ministry of Agriculture following a recommendation by the Central
Committee for the Protection of Vine Production.
Other agricultural products and foodstuffs:  A group of producers and/or processors must
submit an application to the regional directorate of agriculture.  Following its first examination by the
local authorities the application along with the opinion of the regional directorate of agriculture and
the views of other local professional bodies are transferred to the central services of the Ministry ofAgriculture and subsequently to the European Commission for final verification, approval and
publication.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
Wines and spirits:  Yes, it takes place ex officio.
Other agricultural products and foodstuffs:  It is only granted upon request.
20. What, if any, fees are involved in the application and maintenance of rights in a
geographical indication?
There are no fees.
21. If criteria must be set out in an applicatio n for recognition of a geographical indication,
are those criteria purely geographic in nature?
No, see answers to question 10 above.
22. What other criteria, if any, must be set out in an application for recognition of a
geographical indication?
See answers to question 10 above.
23. What information must be supplied in an application for rights in a geographical
indication?
Wines:  Determination of the area of production, vine varieties, yields per Ha, cultivation
techniques and methods, wine making methods, mi nimum natural alcoholic strength, organoleptic
characteristics.IP/C/W/117/Add.10/Suppl.2
Page 7
Other agricultural products and foodstuffs:  These are enumerated  in Article 4 of Regulation
(EEC) 2081/92.
24. Must the goods or services with respect to  which a geographical indication is claimed be
set out?
Yes.
25. What mechanisms are provided to oppose the recognition of a geographical indication?
How is an investigation conducted after such a complaint?
Article 7 of Regulation (EEC) 2081/92 describe s the mechanism and procedures to oppose the
recognition of a geographical indication.
26. Who can oppose the recognition of a geographical indication?
In general any natural or legal person who has a legitimate economic interest.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
See answers to questions 4 and 15 above.  In addition for wines and spirits inclusion in a
positive list is possible by agreement (Article 8 of Legislative Decree 144/69).  For other agricultural
products and foodstuffs pursuant to the provisions of Article 12 of Regulation (EEC) 2081/92.
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
The recognition is unlimited.
29. If recognition of a geographical indication must be renewed or reaffirmed, what
information must be provided in order to effect such a renewal or reaffirmation?  Specify anyfees involved in renewal or reaffirmation.
There is no need for renewing or reaffirming the recognition.
30. Must a geographical indication be used in or der to maintain rights?  If so, how is such
use determined?
There is not any explicit provision on this.
31. Is there a specified limit for non-use before rights in a geographical indication cease and,
if so, what is that limit?
There is no specific limit for non-use.
32. Who monitors the use of geographical indicati ons to determine if the criteria identified
in the application continue to be met?IP/C/W/117/Add.10/Suppl.2
Page 8
Wines:  The Agricultural Services at local or regional level and the State Chemical
Laboratory and its regional branches (Article 7 of Legislative Decree 243 FEK 144A/69 as amended
by Article 6 of Law 427 FEK 230A/76).
Other agricultural products and foodstuffs:  The agricultural services at local or regional level.
33. If a government entity is responsible for monitoring the use of geographical indications,
what are its procedures for doing so?
Wines:  In general monitoring takes place ex officio or following a complaint by an interested
party having a legitimate economic interest.  Responsible bodies may carry out their task every
working day at wineries, wine storehouses, wine sale  stations and are entitled to have full access on
any relevant document and information.
Other agricultural products and foodstuffs:  Monitoring takes place ex officio or following a
complaint by an interested party having a legitimate economic interest.  The main aim is to verify the
compliance to the specifications and conditions determined in the application form of the productconcerned.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?
Describe the procedure.
On non-use see answer to question 31 above.
Failure to maintain the criteria identified and/or violation to meet specifications, imply the
imposition of financial and administrative penalties, including the termination of protection, as well ascriminal penalties, provided by Article 458 of the Criminal Code.  Legal proceedings are taking place
on the basis of a violation protocol issued by the responsible monitoring body.
35. Do the procedures which lead to forfeiture of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The relevant procedures may take place:
• By national authorities, ex officio (Regulation (EEC) 2081/92 Article 13, …).
• By the initiative of any natural or legal person (Regulation (EEC) 2081/92 Article 13,
…).
• By the initiative of a member State (Regulation (EEC) 2081/92 Article 11, …).
E. 
SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication aft er recognition is given or must additional criteria
or procedures be followed by that party before use is permitted?
No additional criteria are required.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognit ion or the entity that obtained the recognition?IP/C/W/117/Add.10/Suppl.2
Page 9
Anybody established in the geographical area and/or region and who meets the conditions
specified in the relevant laws and regulations has the right to use the registered name.
38. Are there fees involved in  receiving authorization to use a particular geographical
indication and, if so, what are those fees and how are they established?
There are no fees.
39. If there is a dispute regarding use of a geographical indication by a particular party,
what procedures are followed to resolve it?
In cases of a dispute ordinary courts are competent.
40. Must individual authorized users of a geog raphical indication use that geographical
indication continually to retain their right to us e it and, if so, how is their use determined and
how long will disuse be permitted?
No, see answer to question 30 above.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Such dispute could be resolved through the normal administrative and/or judicial procedures
concerning the application of the relevant national and EU legislation.
42. Does the regime for protection of geographical indications allow geographical
indications to be licensed and, if so, what conditions are imposed on such licenses?  If such
conditions are not met, what is the ef fect on the geographical indication?
No.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the
TRIPS Agreement, applied in your country?
No "grandfathered use" of a geographical indication exists.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
See the replies by the European Communities to the above question.
45. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See answer to question 44 above.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
See answer to question 44 above.IP/C/W/117/Add.10/Suppl.2
Page 10
G. ENFORCEMENT
47. How are rights in the geographical indicati on enforced?  Are provisions available under
unfair competition law?  Trademark law?  Othe r laws?  Provide citations to the laws and, if
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
The relevant EEC and national legislation are applied through judicial and administrative
procedures.
Wines:  Details are foreseen in Articles 14-17 of the Legislative Decree 243/69 as amended
by Law 427/76.
Other agricultural products and foodstuffs:  On the basis of provisions of Articles 13-14 of
Regulation (EEC) 2081/92.
48. Who has the right to enforce a geographical indication?
See answer to question 47 above.
49. What judicial or administrative bodies have jurisdiction over enforcement actions
related to geographical indications?  Are there fe es involved and, if so, what are those fees?
See answer to question 47 above.
50. Must the public be notified of the existence of a geographical indication and, if so, how
and how often?
Yes, all recognized and protected geographical indications and designations of origin must be
published in the Official journal of the EU.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been  notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
Yes, see also answer to question 47 above.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an internatio nal, including bilateral or plurilateral,
agreement for the notification and/or registration of geographical indications?  If so, please
name the international agreement and explain th e relationship between it and your national
legislation.
Greece is a member of the EU and therefore applies the relevant Community legislation as
well as all bilateral agreements that have been concluded between the EU and several third countries.
Greece is also a member of the OIV.
53. What other international agreements, if an y, have been entered into?  What do those
agreements provide?
There are no other agreements.IP/C/W/117/Add.10/Suppl.2
Page 11
II. REPLIES TO QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13/ ADD.1)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or sp irits against products not originating in the
place indicated by the geographical indication , even where the true origin of the goods is
indicated or the geographical indication is used  in translation or accompanied by expressions
such as "kind", "type", "style", "imitation" or the like?
See answers to question 1 under I above.
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13/ ADD.1)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related
law, or are there any substantive criteria to distinguish these terms?
See answers to question 8 under I above.
3. Does your legislation contain criteria for homonymous geographical indications for
wines and spirits?
See answers to question 14 under I above.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13/ ADD.1)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which co nsists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
See answers to question 44 under I above.IP/C/W/117/Add.10/Suppl.2
Page 12
Responses from Ireland
III. REPLIES TO QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a formal procedure for notification/registration
before protection is available; or through both?  Does the recognition of a geographical
indication require registration?
In Ireland there is no formal domestic national system of protection of geographical
indications of foodstuffs/agricultural products as such.  Protection of geographical indications forfoodstuffs and spirit drinks/wine is achieved through the European systems already in place.  In the
case of spirits, protection is provided under the Irish Whiskey Act 1980 and under Council
Regulation 1576/89, as amended by Regulation No. 3378/94 and Irish law through national
regulations entitled European Communities (Definition, Description and Presentation of Spirit Drinks)
Regulations 1995 (S.I. No. 300 of 1995).  Protection for certain foodstuffs is provided for underCouncil Regulation EEC No. 2081/92 for the protection of designations of origin and geographical
indications for agricultural products and foodstuffs and national regulations entitled European
Communities (Protection of Geographical Indications and Designations of Origin for Agricultural
Products and Foodstuffs) Regulations 1995 (S.I. No. 148 of 195).  Protection of geographical
indications for wines is provided for under European Communities Wine Regulations Nos. 822/87;823/87 and 2392/89.
There is no provision for the registration of geographical indications under the Trade Marks
Act, 1996.  However, Section 8(3) of that Act provides that a trademark shall not be registered if it is
of such nature as to deceive the public as to the geographical origin of the goods or services.  Forinstance, a trademark which falsely indicates that goods originate from a geographical area with a
reputation for producing those goods would be refused registration.
2. Is there one single regime of protection of geographical indications for all products?  If
not, identify the different regimes.
Not under national provisions.  See reply to question 1 above.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
The Trade Mark Act, 1996 applies to services.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws
should be provided and, if the texts of the laws have not been notified to  the WTO, copies should
be provided pursuant to Article 63.2.
Regulations entitled European Communities (Definition, Description and Presentation of
Spirit Drinks) (Amendment) Regulations, 1998 (S.I. N o. 7 of 1998) have been made to effect the
transposition of Articles 23 and 24 of the TRIPS Agreement as contained in Regulation (EC) 3378/94
insofar as this affects the Spirit Drinks Regulation 1576/89.  Other agricultural products and
foodstuffs can also be protected under Council Regulation EEC 2081/92, which provides for the sametype of protection.IP/C/W/117/Add.10/Suppl.2
Page 13
The Trade Marks Act 1996 and Trade Mark Rules 1996 provide procedures for making
oppositions against trademark applications and for the removal of registered trademarks.
5. If the required recognition of geographical indications is not provided through statutes
or regulations, please explain, in detail, th e mechanism or mechanisms through which the
protection required is provided.
There is no provision for the registration of geographical indications under the Trade Marks
Act 1996.  However, Section 8(3) of that Act provides that a trademark shall not be registered if it is
of such nature as to deceive the public as to the geographical origin of the goods or services.  For
instance, a trademark which falsely indicates that goods originate from a geographical area with a
reputation for producing those goods would be refused registration.
6. Please provide a few examples of domestic geographical indications protected in
accordance with the means discussed above and in dicate the means by which such protection is
provided.
Protection for Irish whiskey and Irish cream liqueur is provided under EU Spirits Regulation
No. 1576/89.  While a number of applications fo r protection of certain Irish foodstuffs with
geographic indications are under review by the Commi ssion, no Irish foodstuffs or products are as yet
protected under Regulation EEC 2081/92 for the protection of designation of origin and geographical
indications for agricultural products and foodstuffs.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the
TRIPS Agreement provided for any other product?  If so, please specify such products and the
law under which they are protected.
Yes, a higher level of protection is also provided to other agricultural products and foodstuffs
under Council Regulation EEC 2081/92 (see Article 13).
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Under EC Regulation No. 3378/94 a "geographical designation" is defined as "any indication
identifying a product as originating in the territory of a third country which is a Member of the WTO
or in a region or locality of that territory where a quality, reputation or other specific characteristic of
that product can essentially be attributed to that geographical origin."
While neither the EU wine nor spirits Regulations define geographical indications  per se ,
they have been amended by Regulation No. 3378/94 to take account of our TRIPS obligations.
Under foodstuffs Regulation No. 2081/92 Article 2.2 a "geographical indication" is defined as
"the name of a region, a specific place or, in exceptional cases, a country, used to describe an
agricultural product or a foodstuff originating in that region, specific place or country and whichpossesses a specific quality, reputation or other characteristics attributable to that geographical origin
and the production and/or processing and/or preparation of which take place in the defined
geographical area".  That same Article defines a "designation of origin" as "the name of a region, a
specific place or, in exceptional cases, a country, used to describe an agricultural product or foodstuff
originating in that region, specific place or country and the quality or characteristics of which areessentially or exclusively due to a particular geographical environment with its inherent natural and
human factors, and the production, processing and preparation of which take place in the defined
geographical area".IP/C/W/117/Add.10/Suppl.2
Page 14
9. Would such a definition comprise geographi cal indications identifying products of a
certain quality or reputation which are indirectly linked to a specific region?
No.
10. In determining whether recognition should be given a geographical indication, what
criteria are considered?
Under foodstuffs Regulation 2081/92, PDO registration is open to products bearing the name
of a particular geographical area and which are produced, processed and prepared within that area.
They must also have features and  characteristics which must be due to that particular geographical
area.  PGI registration is open to products bearing the name of a particular geographical area andwhich are produced or processed or prepared within that geographical area and have a reputation,
features or certain qualities attributable to that area.  Most foods intended for human consumption
may be eligible for registration including cheese, meat, dairy and fish products, fruit and vegetables,
beer, beverages made from plant extracts, bread, pastries, cakes, biscuits, confectionery, natural
mineral and spring waters.
No specific criteria are listed in wines or spirits legislation.
11. Is there any human creativity involved in the making of specific products under
protection by the system of geographical indicati ons?  If so, how much?  And do these products
involve any human factors?
The PDO Regulations provide that the human factor be taken into account in assessing the
applications for protection.
12. Are there any other intellectual property ri ghts involved, such as patents for example?
No.
13. What authority, if any, may define the geog raphic region or area for which rights are
claimed and on what basis is such definition made?
Under PDO and PGI legislation the geographical area is defined in the application, in
particular by the interested 'group' defined pursuant to Article 5 of Council Regulation 2081/92.
Under wines and spirits legislation each member State approves the region subject to the agreement of
the Commission and the Agriculture Council.
14. Does your legislation contain criteria for homonymous geographical indications for
wines?
Insofar as this, national legislation reflects the EU position.  There is no other national
legislation.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Yes, under the terms of the statutory instruments which transpose our TRIPS obligations.IP/C/W/117/Add.10/Suppl.2
Page 15
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the countr y of origin?  If so, please specify the relevant
statutory provision.
The Statutory Instruments provide for protection if the geographical indication is protected in
the country of origin only.  In addition, EC Directives on labelling and advertising always apply
independently of the recognition of a geographical indication in the country of origin.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a
geographical indication?
Applications for PDO/PGI registration can be put forward by groups of producers and
individuals may also apply under certain conditio ns.  Producers who are not part of the original
applicant group and who can show that their product conforms fully with the registered specifications
may also use a registered name.
Under wines and spirits legislation the Department of Agriculture and Food makes the
application.
18. What are the competent authorities where the protection of a geographical indication
can be obtained?
Department of Agriculture and Food for foods and agricultural products initially and all
applications are examined by the EU Commission an d other member States.  The Department is also
responsible for wines and spirits protection.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The procedure for PDO/PGI recognition must be based on the initiative of the entity or person
(group or individual in certain cases).  Protection of wines and spirits may and has taken place ex-
officio.
20. What, if any, fees are involved in the application and maintenance of rights in a
geographical indication?
The fee for registration of a trademark is £200.00.  The renewal fee after 10 years is £200.00.
21. If criteria must be set out in an applicatio n for recognition of a geographical indication,
are those criteria purely geographic in nature?
Criteria for PDO/PGI registration are not solely geographic in nature.
22. What other criteria, if any, must be set out in an application for recognition of a
geographical indication?
Under PDO/PGI Regulations a product must comply  with a specification if it is to benefit
from a designation.  The specification includes the name of the product;  a description of the product
including raw materials;  organoleptic characteristics;  the definition of the geographical area;
evidence that the product originates in that area;  description of methods of production etc.IP/C/W/117/Add.10/Suppl.2
Page 16
As Irish whiskey is protected under the Irish Whiskey Act and the EU Spirits Regulation
1576/89, all whiskey produced in Ireland must comply with the whiskey definition of that Regulation.
Similarly Irish cream liqueur is protected as a geographical indication and liqueur is defined in the
Regulation.  Wines availing of such designations must comply with the provisions of
Regulation 822/87 as amended.
23. What information must be supplied in an application for rights in a geographical
indication?
PDO/PGI applications must specify, inter alia , the product name, applicant details, names and
addresses of group members, a definition of the geographical area, whether the product is produced,
prepared or processed in the area, raw materials used, their sources, a description of how the maincharacteristics are linked to the geographical area and influenced by its environment, whether the
product is protected by national or EU certification schemes, the nominated inspection body.  See
question 22 above.
24. Must the goods or services with respect to  which a geographical indication is claimed be
set out?
Yes, the product category must be set out in PDO/PGI applications.
25. What mechanisms are provided to oppose the recognition of a geographical indication?
How is an investigation conducted after such a complaint?
PDO/PGI legislation provides a formal system of review and complaint under Article 7 of
Regulation 2081/92.  Information on applications is published in the Official Journal of the European
Communities and other member States may seek information on applications or object under a formalsystem of review/complaint.
26. Who can oppose the recognition of a geographical indication?
Under PDO/PGI Regulations any legitimately concerned natural or legal person may object to
a proposed registration.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
As an EU member Ireland recognizes all products registered as PDO/PGI from other EU
member States.
D. 
MAINTENANCE
28. How long does recognition for a geographical indication continue?
There is no time-limit set in PDO/PGI legislation nor in wine and spirit legislation.
29. If recognition of a geographical indication must be renewed or reaffirmed, what
information must be provided in order to effect such a renewal or reaffirmation?  Specify any
fees involved in renewal or reaffirmation.
Not applicable.IP/C/W/117/Add.10/Suppl.2
Page 17
30. Must a geographical indication be used in or der to maintain rights?  If so, how is such
use determined?
There is no requirement within the PDO/PGI Regulations or the Wine and Spirit Regulations
for use of designation to enable it to be maintained.
31. Is there a specified limit for non-use before ri ghts in a geographical indication cease and,
if so, what is that limit?
No.
32. Who monitors the use of geographical indicati ons to determine if the criteria identified
in the application continue to be met?
Products which are covered by PDO/PGI registra tion are subject to inspection by a nominated
body to ensure adherence to the specification.
33. If a government entity is responsible for monitoring the use of geographical indications,
what are its procedures for doing so?
The Department of Agriculture and Food in conjunction with the Revenue Commissioners
monitors compliance in the wine and spirits sector at production, warehousing and retailing level.
We have yet to have any product registered under the PDO/PGI Regulations, and monitoring
in that area will depend on the product registered.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?
Describe the procedure.
PDO/PGI Regulations allow such review by a member State under Article 11 of
Regulation 2081/92.
35. Do the procedures which lead to forfeiture of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
PDO/PGI legislation can be forfeited based on the initiative of an entity or person, not ex-
officio.
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication aft er recognition is given or must additional criteria
or procedures be followed by that party before use is permitted?
Under PDO/PGI rules any producer s who is not part of the original applicant group and who
can show that their product conforms with a regi stered specification may use the registered name.
For wines and spirits any product conforming to a geographical indication may use the name.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognit ion or the entity that obtained the recognition?
The entity that obtained the recognition under PDO/PGI legislation.IP/C/W/117/Add.10/Suppl.2
Page 18
38. Are there fees involved in  receiving authorization to use a particular geographical
indication and, if so, what are those fees and how are they established?
There are no fees involved for wines, spirits or foodstuffs.
39. If there is a dispute regarding use of a geographical indication by a particular party,
what procedures are followed to resolve it?
The competent authorities may prosecute in the event of breach of EU Regulations in the
wine/spirit/foodstuffs sector.
40. Must individual authorized users of a geog raphical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and
how long will disuse be permitted?
There is no time-limit on the use or non-use of a registered PDO/PGI as long as the product
continues to meet the specifications.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
The Trade Marks Act 1996 and Trade Mark Rules 1996 provide procedures for making
oppositions against trademark applications and for the removal of registered trademarks.
42. Does the regime for protection of geographical indications allow geographical
indications to be licensed and, if so, what conditions are imposed on such licenses?  If such
conditions are not met, what is the ef fect on the geographical indication?
There is no provision in PDO/PGI or wine or spirits legislation for licensing of geographical
indications.  However, for other products than wines and spirits, it is interpreted under Regulation
EEC 2081/92, that licences are allowed (within imposed conditions) in favour of producers who are
not established in the area in question for stages other than production or transformation.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the
TRIPS Agreement, applied in your country?
The EU legislation applies.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
See reply to question 46.
45. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See reply to question 46.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
Article 14 of Regulation 2081/92 deals with P DO/PGI – trademark conflict and states that
"where a designation of origin or geographical indication is registered in accordance with thisIP/C/W/117/Add.10/Suppl.2
Page 19
Regulation, the application or registration of a trademark corresponding to the situation referred to in
Article 13 and relating to the same type of product shall be refused, provided that the application for
registration of the trademark was submitted afte r the date of the publication provided for in
Article 6(2).
"Trademarks registered in breach of the first subparagraph shall be declared invalid.  This
paragraph shall also apply where the application for registration of a trademark was lodged before the
date of publication of the application for registration provided for in Article 6(2), provided that that
publication occurred before the trademark was registered.
"With due regard for Community law, use of a trademark corresponding to one of the
situations referred to in Article 13 which was registered in good faith before the date on whichapplication for registration of a designation of origin or geographical indication was lodged may
continue notwithstanding  the registration of a desi gnation of origin or geographical indication, where
there are no grounds for invalidity or revocation of the trademark as provided respectively by
Article 3(1)(c )and (g) and Article 12(2)(B) of First Council Directive 89/104/EEC to approximate the
laws of the member States relating to trademarks.
"A designation of origin or geographical indication shall not be registered where, in the light
of a trademark's reputation and renown and the length of time it has been used, registration is liable to
mislead the consumer as to the true identity of the product."
G. 
ENFORCEMENT
47. How are rights in the geographical indicati on enforced?  Are provisions available under
unfair competition law?  Trademark law?  Othe r laws?  Provide citations to the laws and, if
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
Enforcement is by way of statutory instru ment for PDO/PGI and for wines and spirits
legislation.  These have already been notified to the WTO Secretariat.
48. Who has the right to enforce a geographical indication?
Authorized officers appointed by the Minister under relevant statutory instruments.
49. What judicial or administrative bodies have jurisdiction over enforcement actions
related to geographical indications?  Are there fe es involved and, if so, what are those fees?
See the answers to questions 47 and 48 above.  Civil courts.
50. Must the public be notified of the existence of a geographical indication and, if so, how
and how often?
For PDO/PGI, notifications of applications ar e published throughout the EU in the Official
Journal of the European Union.  Wines and spirits so protected are published in the Regulations andpublished in the Official Journal also.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been  notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
See previous answers.IP/C/W/117/Add.10/Suppl.2
Page 20
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an internatio nal, including bilateral or plurilateral,
agreement for the notification and/or registration of geographical indications?  If so, please
name the international agreement and explain the relationship between it and your national
legislation.
Not bilaterally.
53. What other international agreements, if an y, have been entered into?  What do those
agreements provide?
None.
IV. REPLIES TO QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13/ ADD.1)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or sp irits against products not originating in the
place indicated by the geographical indication , even where the true origin of the goods is
indicated or the geographical indication is used  in translation or accompanied by expressions
such as "kind", "type", "style", "imitation" or the like?
EU wines and spirits legislation prevent such misuse of geographical indications and have
been transposed into national law by means of stat utory instrument.  Similarly, PDO/PGI legislation
prevents such misuse of terms for foodstuffs.
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13/ ADD.1)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related
law, or are there any substantive criteria to distinguish these terms?
See reply to question 3 below.
3. Does your legislation contain criteria for homonymous geographical indications for
wines and spirits?
There is a clear distinction between protected designations of origin and protected
geographical indications in Regulation 2081/92.  Exis ting wine and spirits legislation also provides
for such distinctions and this legislation is directly applicable in all member States.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13/ ADD.1)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which co nsists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
National instruments cover enforcement of existing EU wine and spirits legislation in this
area.IP/C/W/117/Add.10/Suppl.2
Page 21
There is no provision for the registration of geographical indications under the Trade Marks
Act 1996.  However, Section 8(3) of that Act provides that a trademark shall not be registered if it is
of such a nature as to deceive the public as to the geographical origin of the goods or services.  For
instance, a trademark which falsely indicates that goods originate from a geographical area with a
reputation for producing those goods would be refused registration.IP/C/W/117/Add.10/Suppl.2
Page 22
Responses from Luxembourg
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law,
e.g. passing off, false designation of or igin;  through a formal procedure for
notification/registration before protection is ava ilable;  or through both?  Does the recognition
of a geographical indication require registration?
Geographical indications are recognized and protected by means of the registration procedure
referred to in Article 5 of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of
geographical indications and designations of origin for agricultural products and foodstuffs
(O.J.E.C No. L 208/1, 24 July 1992).  This Regulation is directly applicable to Luxembourg andbinding in all respects.
Geographical indications are also protected under:- The Law of 2 July 1932 concerning the standardization of agricultural and
horticultural products and the creation of a national trademark;
- the Law of 27 November 1986 (Article 17) regulating certain commercial practices
and penalizing unfair competition, as amended by the Law of 14 May 1992
(Memorial A 1992, No. 35, p. 1119, coordinated text);
- the Law of 25 September 1953 having as its object the reorganization of the
inspection of common foodstuffs, drinks and products (Memorial A 1953, No. 62,
p. 1259), and the Grand-Ducal Regulation of 16 April 1992 (Article 15) concerning
the labelling and presentation of foodstuffs and their advertising (Memorial A 1992,No. 27, p. 895);
- the Grand-Ducal Decree of 28 December 1936 concerning the protection of
champagne;
- the Grand-Ducal Decree of 5 May 1927 regulating the import of port wine and
Madeira;
- the Grand-Ducal Decree of 6 May 1937 amending the Law of 24 July 1909 on the
regime of wines and similar drinks with a view to protecting the designation of origin
"cognac".
2. Is there one single regime of protection of geographical indications for all products?  If
not, identify the different regimes.
Geographical indications are protected by two regimes at the Community level:
(1) Foodstuffs and agricultural products:  Council Regulation (EEC) No. 2081/92 of
14 July 1992 on the protection of geographical indications and designations of origin
for agricultural products and foodstuffs;
(2) Products in the wine and spirit drinks sector:  Council Regulation (EEC) No. 823/87
of 16 March 1987 laying down special provisions relating to quality wines producedin specified regions;  Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying
down general rules on the definition, description and presentation of spirit drinks.IP/C/W/117/Add.10/Suppl.2
Page 23
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
No.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws
should be provided and, if the texts of the laws have not been notified to  the WTO, copies should
be provided pursuant to Article 63.2.
Community law
1. Foodstuffs and agricultural products:
- Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of
geographical indications and designations of origin for agricultural products and
foodstuffs (O.J.E.C No. L 208/1, 24 July 1992);
- Commission Regulation (EEC) No. 2037/93 of 27 July 1993 laying down detailed
rules of application of Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the
protection of geographical indications and designations of origin for agricultural
products and foodstuffs (O.J.E.C. No. L 185/5, 28 July 1993);
- Council Regulation (EC) No. 535/97 of 17 March 1997 amending Council Regulation
(EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and
designations of origin for agricultural pr oducts and foodstuffs (O.J.E.C No. L 83/3,
25 March 1997);
- Commission Regulation (EC) No. 1428/ 97 of 23 July 1997 amending Commission
Regulation (EEC) No. 2037/93 laying down detailed rules of application of Council
Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs (OJEC
No. L 196/39, 24 July 1997);
- Several dozen Commission regulations relating to the inclusion of certain names in
the "Register of protected designations of origin and protected geographicalindications" envisaged in Council Regulation (EEC) No. 2081/92 of 14 July 1992 on
the protection of geographical indications and designations of origin for agricultural
products and foodstuffs.
2. Products in the wine and spirit drinks sector:
- Council Regulation (EEC) No. 822/87 of 16 March 1987 on the common
organization of the market in wine (O.J.E.C. No. L 84/1, 27 March 1987);
- Council Regulation (EC) No. 2087/97 of 20 October 1997 amending Council
Regulation (EEC) No. 822/87 of 16 March 1987 on the common organization of the
market in wine (O.J.E.C. No. L 292/1, 25 October 1997);
- Council Regulation (EEC) No. 823/87 of 16 March 1987 laying down special
provisions relating to quality wines produced in specified regions (O.J.E.C.No. L 84/59, 27 March 1987);IP/C/W/117/Add.10/Suppl.2
Page 24
- Council Regulation (EEC) No. 4252/88 of 21 December 1988 on the preparation and
marketing of liqueur wines produced in the Community (O.J.E.C. No. L 373/59,
31 December 1988);
- Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on
the definition, description and presentation of spirit drinks (O.J.E.C. No. L 160/1,
12 June 1989);
- Council Regulation (EEC) No. 2392/89 of 24 July 1989 laying down general rules for
the description and presentation of wi nes and grape musts (O.J.E.C. No. L 232,
9 August 1989);
- Regulation (EC) No. 3378/94 of the Eur opean Parliament and of the Council of
22 December 1994 amending Regulation (EEC) No. 1576/89 laying down general
rules on the definition, description and presentation of spirit drinks and Regulation
(EEC) No. 1601/91 laying down general rules on the definition, description and
presentation of aromatized wines, aromatized wine-based drinks and aromatizedwine-product cocktails following the Uruguay Round of the multilateral trade
organisations (O.J.E.C. No. L 366/1, 31 December 1994);
- Council Regulation (EEC) No. 1601/91 of 10 June 1991 laying down general rules on
the definition, description and presentation of aromatized wines, aromatizedwine-based drinks and aromatized wine -product cocktails (O.J.E.C. No. L 149/1,
14 June 1991).
Domestic law
1. Foodstuffs and agricultural products:
- The Law of 2 July 1932 concerning the standardization of agricultural and
horticultural products and the creation of a national trademark;
- the Law of 27 November 1986 (Article 17) regulating certain commercial practices
and penalizing unfair competition, as amended by the Law of 14 May 1992(Memorial A 1992, No. 35, p. 1119, coordinated text);
- the Law of 25 September 1953 having as its object the reorganization of the
inspection of common foodstuffs, drinks and products (Memorial A 1953, No. 62,
p. 1259), and the Grand-Ducal Regulation of 16 April 1992 (Article 15) concerningthe labelling and presentation of foodstuffs and their advertising (Memorial A 1992,
No. 27, p. 895).
2. Products in the wine and spirit drinks sector:
- The Grand-Ducal Regulation of 19 November 1974 establishing the penal sanctions
for violations of the regulations of the European Communities with regard to wine
(Memorial A 1974 p. 1706), as amended by the Law of 19 November 1975
(Memorial 1975 p. 1558).
5. If the required recognition of geographical indications is not provided through statutes
or regulations, please explain, in detail, th e mechanism or mechanisms through which the
protection required is provided.
…IP/C/W/117/Add.10/Suppl.2
Page 25
6. Please provide a few examples of domestic geographical indications protected in
accordance with the means discussed above and in dicate the means by which such protection is
provided.
1. Foodstuffs and agricultural products:
The following four designations appear in the Annex to Commission Regulation (EC)
No. 1107/96 of 12 June 1996:
- Viande de porc marque nationale grand-duché de Luxembourg (PGI)- Salaisons fumées marque nationale grand-duché de Luxembourg (PGI)- Miel luxembourgeois de marque nationale (PDO)- Beurre rose de marque nationale grand-duché de Luxembourg (PDO)
The domestic regulations relating to these designations are:
- Regulation of the Government in Council of 3 July 1970 establishing a national
trademark for  Luxembourg butter ;
- Regulation of the Government in Council of 3 July 1973 establishing a national
trademark for Luxembourg honey;
- Regulation of the Government in Council of 9 June 1983 establishing a national
trademark for pork  and establishing the conditions for assigning this trademark
(Memorial A 42 of 28 June 1989), as amended by the Regulation of the Government
in Council of 25 October 1991 (Memorial A 78 of 26 November 1991);  Ministerial
Regulation of 12 June 1989 laying down detailed rules of application (Memorial A 42
of 28 June 1989), as amended by several ministerial regulations (Memorial A 78 of
26 October 1992, Memorial A 80 of 23 October 1992, Memorial A 51 of
8 August 1996);
- Regulation of the Government in Council of 9 February 1990 establishing a national
trademark for smoked salted meats and establishing the conditions for assigning this
trademark (Memorial A 13 of 15 March 1990), as amended by the Regulation of the
Government in Council of 3 June 1994 (Memorial A 54 of 30 June 1994);
Ministerial Regulation of 7 March 1990 laying down detailed rules of application(Memorial A 16 of 5 April 1990).
2. Products in the wine and spirit drinks sector:
The designations protected under the above-mentioned Regulation (EEC) No. 1576/89 are:- eau-de-vie de pommes de marque nationale luxembourgeoise  (for apple spirit);
- eau-de-vie de poires de marque nationale luxembourgeoise  (for pear spirit);
- eau-de-vie de kirsch de marque nationale luxembourgeoise  (for kirsch spirit);
- eau-de-vie de quetsch de marque nationale luxembourgeoise  (for plum spirit);
- eau-de-vie de mirabelle de marque nationale luxembourgeoise  (for mirabelle spirit);IP/C/W/117/Add.10/Suppl.2
Page 26
- eau-de-vie de prunelles de marque nationale luxembourgeoise  (for sloe spirit);
- eau-de-vie de marc de marque nationale luxembourgeoise  (for grape marc spirit);
- eau-de-vie de seigle de marque nationale luxembourgeoise  (for rye spirit).
The designations protected under the above-mentioned Regulation (EEC) No. 823/97 are:-v ins mousseux de marque nationale luxembourgeoise  (for sparkling wines);
- vins de marque nationale luxembourgeoise  (wine);
- Crémant de Luxembourg de marque nationale luxembourgeoise .
The domestic regulations relating to these designations are:
- Regulation of the Government in Council of 21 June 1985 establishing  a national
trademark for natural spirits  (Memorial A 44 of 31 July 1985);
- Regulation of the Government in Council of 18 March 1988 establishing a national
trademark for sparkling wines  (Memorial A 1988 p. 190) as amended by the
Regulation of 25 October 1991 (Memorial A 1991 p. 1457);
- Regulation of the Government in Council of 4 January 1991 relating to the
designation Crémant de Luxembourg  (Memorial A 1991 p. 34) as amended by the
Regulations of 25 October 1991 (Memorial A 1991 p. 1457) and of 18 October 1996(Memorial A of 7 November 1996 p. 225);
- Grand-Ducal Regulation of 13 November 1998 establishing rules for the national
trademark for wine  and establishing the criteria for assigning this trademark
(Memorial A 98  of 26 November 1998).
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the
TRIPS Agreement provided for any other product?  If so, please specify such products and the
law under which they are protected.
This level of production is provided for all the products referred to in the above-mentioned
Regulation (EEC) No. 2081/92.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
The designations of origin and geographical indications are defined respectively in Article 2,
§ 2, (a) and (b) of Regulation (EEC) No. 2081/92.
9. Would such a definition comprise geographi cal indications identifying products of a
certain quality or reputation which are indirectly linked to a specific region?
No.  Indirect indication of origin is not protected by the Community law on protected
geographical designations.IP/C/W/117/Add.10/Suppl.2
Page 27
However, Article 2, § 4 of Regulation (EEC) No. 2081/92 states that "certain geographical
designations shall be treated as designations of origin where the raw materials of the products
concerned come from a geographical area larger than or different from the processing area, provided
that:
- The production area of the raw materials is limited;
- special conditions for the production of the raw materials exist;  and- there are inspection arrangements to ensure that those conditions are adhered to".The designations in question may be or have already been recognized as designations of
origin with national protection by the member Stat e concerned, or, if no such scheme exists, have a
proven, traditional character and an exceptional reputation and renown (Article 2, § 6).
10. In determining whether recognition should be given a geographical indication, what
criteria are considered?
The following four criteria have been established by Community law:  origin, typicality,
quality and reputation.  The combination of these criteria differs according to whether a geographical
indication or a designation of origin is involved  (Article 2, § 2 of Regulation (EEC) No. 2081/92).
11. Is there any human creativity involved in the making of specific products under
protection by the system of geographical indicati ons?  If so, how much?  And do these products
involve any human factors?
Yes.  The geographical environment referred to includes natural factors, but also human
factors.
12. Are there any other intellectual property ri ghts involved, such as patents for example?
The production, processing and preparation of products whose geographical indication is
protected employ methods which help to produce the quality, typicality and reputation of the products
in question, or which are even only used in a spec ific geographical area.  The use of these methods
may, in certain cases, be obligatory in order to obtain protection under a PGI or a PDO.  However,
protection of a geographical indication or designation of origin registered in accordance with the
relevant rules does not extend, by itself, to the techniques and procedures used for the manufacture of
the products in question.
In addition, Article 14, § 3 of Regulation (EEC) No. 2081/92 stipulates that "a designation of
origin or geographical indication shall not be registered where, in the light of the trademark's
reputation and renown and the length of time it has been used, registration is liable to mislead the
consumer as to the true identity of the product".
13. What authority, if any, may define the geog raphic region or area for which rights are
claimed and on what basis is such definition made?
Under the terms of Article 4, § 1 of the aforementioned Regulation No. 2081/92, an
agricultural product or foodstuff must comply with a specification to be eligible to use a protecteddesignation of origin or a protected geographical i ndication.  Article 5, § 2 contains a non-exhaustive
list of the elements included in such a specification.
The application for registration, which shall include the specification, shall be submitted
either by a group of producers and/or processors working with the same agricultural product orIP/C/W/117/Add.10/Suppl.2
Page 28
foodstuff or by a natural or legal person (Article 5, § 3).  It shall be sent to the member State of the
European Union in which the geographical area is located (Article 5, § 4).  The member State shall
check that the application is justified and shall forward the application, including the product
specification, to the Commission, if it considers that it satisfies the requirements of Regulation (EEC)
No. 2081/92 (Article 5, § 5, 1st paragraph).
14. Does your legislation contain criteria for homonymous geographical indications for
wines?
See Article 29, §§ 1 and 3 of the above-mentioned Regulation (EEC) No. 2392/89.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Council Regulation (EEC) No. 2081/92 states, in Article 12, that its provisions may apply,
given compliance with certain conditions, to an agricultural product or foodstuff from a third country.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the countr y of origin?  If so, please specify the relevant
statutory provision.
Regulation (EEC) No. 2081/92 provides that names registered in conformity with the
arrangements that it has established may be protected by national measures taken by the member
States of the European Union, under certain condi tions, for a period of five years from the date of
publication of the Regulation (24 July 1992).  After that period or in the absence of specific national
measures, the Community law directly applicable prevails and all the geographical names registered
under the Regulation are protected in the country of origin.
With regard to wine products, see Arti cle 29, § 1 of Regulation (EEC) No. 2392/89.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a
geographical indication?
According to Article 5, § 1 of Regulation (EEC) No. 2081/92, the applicant must be either a
group of producers and/or processors working with the same agricultural product or foodstuff or,
subject to certain conditions to be laid down in  accordance with the procedure provided for in
Article 15 of the Regulation, a natural or legal person.
According to Article 5, § 2 of the same Regulation, a group or a natural or legal person may
apply for registration only in respect of agricultural products or foodstuffs which it produces or
obtains within the meaning of Article 2, § 2, (a) or (b) [definition of PDO and PGI].
In exceptional, duly substantiated cases applications for registration may also be submitted by
a natural or legal person not complying with the definition given above [which is that contained in
Article 5, § 1, 2nd paragraph] where the person concerned is the only producer existing in the
geographical area defined at the time the application for registration is submitted [Article 1, § 1 of the
above-mentioned Commission Regula tion 2037/93 of 27 July 1993].  In that case, that person is
considered to be a group in the meaning of Article 5 of Regulation (EEC) No. 2081/92.IP/C/W/117/Add.10/Suppl.2
Page 29
18. What are the competent authorities where the protection of a geographical indication
can be obtained?
The application for registration is transmitte d to the European Community by the member
State of the European Union to which it was se nt so that compliance with the conditions of
Regulation (EEC) No. 2081/92 may be checked and a decision taken.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The regime for the protection of geographical indications instituted by
Regulation (EEC) No. 2081/92 depends on voluntary action by the persons entitled to apply forregistration.
20. What, if any, fees are involved in the application and maintenance of rights in a
geographical indication?
No fees are involved in the application or maintenance of rights in a geographical indication.
21. If criteria must be set out in an application for recognition of a geographical indication,
are those criteria purely geographic in nature?
No.  Article 4, § 2 of Regulation (EEC) No. 2081/92 provides that the specification that
accompanies the application for registration "shall include at least:
(a) The name of the agricultural product or foodstuff, including the designation of origin
or the geographical indication;
(b) a description of the agricultural product or foodstuff including the raw materials, if
appropriate, and principal physical, chemical, microbiological and/or organoleptic
characteristics of the product or the foodstuff;
(c) the definition of the geographical area and, if appropriate, details indicating
compliance with the requirements of Article 2(4) [geographical designations …where the raw materials of the products concerned come from a geographical area
larger than or different from the processing area];
(d) evidence that the agricultural product or the foodstuff originates in the geographical
area, within the meaning of Article 2(2)(a) or (b), whichever is applicable [definitionsof PDO and PGI];
(e) a description of the method of obtaining the agricultural product or foodstuff and, if
appropriate, the authentic and unvarying local methods;
(f) the details bearing out the link with the geographical environment or the geographical
origin within the meaning of Article 2 (2)(a) or (b), whichever is applicable;
(g) details of the inspection structure provided for in Article 10;
(h) the specific labelling details relating to the indication PDO or PGI, whichever is
applicable, or the equivalent traditional national indications;
(i) any requirements laid down by Community and/or national provisions".IP/C/W/117/Add.10/Suppl.2
Page 30
Articles 1 and 2 of Regulation (EEC) No. 823/87 provide that:
"Article 1:  This Regulation lays down special provisions for quality wines produced in
specified regions.
Quality wines psr shall mean wines which satisfy the provisions of this Regulation and the
national rules adopted pursuant thereto.
Article 2:  The provisions referred to in the first paragraph of Article 1 shall, taking into
account the traditional conditions of production insofar as these are not such as to prejudice the policy
of encouraging quality production and the creation of a single market, be based on the following
factors:
(a) Demarcation of the area of production;(b) vine varieties;
(c) cultivation methods;
(d) wine-making methods;(e) minimum natural alcoholic strength by volume;(f) yield per hectare;(g) analysis and assessment of organoleptic characteristics.
In addition to the factors listed in paragraph 1 and taking into account authentic and
traditional practices, member States may determine such other conditions of production and
characteristics as shall be obligatory for quality wines psr".
22. What other criteria, if any, must be set out on an application for recognition of a
geographical indication?
See the reply to question 21.
23. What information must be supplied in an application for rights in a geographical
indication?
See the reply to question 21.
24. Must the goods or services with respect to  which a geographical indication is claimed be
set out?
Yes. (N.B.  services may not bear a protected geographical indication.)
25. What mechanisms are provided to oppose the recognition of a geographical indication?
How is an investigation conducted after such a complaint?
Under the terms of Article 7, § 1 of Regulati on (EEC) No. 2081/92, any member State of the
European Union may object to the registration of an indication within six months of the date of
publication of the application for registration in the Official Journal of the European Communities.IP/C/W/117/Add.10/Suppl.2
Page 31
Any legitimately concerned natural or legal person may object to the proposed registration by
sending a duly substantiated statement to the competent authority of the member State in which he
resides or is established (Article 7, § 3).  The competent authority shall take the necessary measures to
consider these comments or objections within the deadlines laid down.
A statement of objection shall be admissible only if it:
- Either shows non-compliance with the conditions referred to in Article 2 of
Regulation (EEC) No. 2081/92;
- or shows that the proposed registration of a name would jeopardize the existence of
an entirely or partly identical name or trademark or the existence of products whichhave been legally on the market for at least five years preceding the date of
publication of the application for registration;
- or indicate the features which demonstrate that the name whose registration is applied
for is generic in nature (Article 7, § 4).
Where an objection is admissible, the European Commission shall ask the member Sates
concerned to seek agreement among themselves in accordance with their internal procedures within
three months.
If agreement is reached, the member States in question shall communicate to the Commission
all the factors which made agreement possible together with the applicant's opinion and that of the
objector.  Where there has been no change to the information contained in the application for
registration, the Commission shall proceed to publish this application.  If there has been a change, it
shall again initiate the procedure allowing, if applicable, for an objection to be made.
26. Who can oppose the recognition of a geographical indication?
See the reply to question 25.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to befollowed in order to obtain such recognition and consequent protection?
The normal procedure is followed subject, however, to the application of Article 12 of the
aforesaid Regulation (EEC) No. 2081/92.
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
The geographical indication (PDO or PGI) is protected as long as the reputation attached to
the products and foodstuffs concerned is justified, that is to say, as long as the conditions of thespecification established are respected by the producers and processors.  The structures of inspection
established by the members of the European Union check compliance with the specification.
29. If recognition of a geographical indication must be renewed or reaffirmed, what
information must be provided in order to effect such a renewal or reaffirmation?  Specify anyfees involved in renewal or reaffirmation.
There is no renewal or reaffirmation of the application for registration.IP/C/W/117/Add.10/Suppl.2
Page 32
30. Must a geographical indication be used in or der to maintain rights?  If so, how is such
use determined?
Regulation (EEC) No. 2081/92 contains no provision of this kind.
31. Is there a specified limit for non-use before rights in a geographical indication cease and,
if so, what is that limit?
Regulation (EEC) No. 2081/92 contains no provision of this kind.
32. Who monitors the use of geographical indicati ons to determine if the criteria identified
in the application continue to be met?
Compliance with the conditions for producing national products benefiting from these
indications is monitored by specific inspection commissions made up of officials, professionals and
consumers.  The chairman is always an official.  If necessary, the inspection commission may propose
to the Minister of Agriculture, as the competent au thority, that the right to use the trademark should be
temporarily withdrawn from a producer.
33. If a government entity is responsible for monitoring the use of geographical indications,
what are its procedures for doing so?
Article 10, § 3 of Regulation (EEC) No. 2081/92 establishes certain general rules concerning,
firstly, the guarantees of objectivity and impartiality of the inspection authorities and/or private bodies
and, secondly, the permanent availability of trained staff and resources necessary to carry out
inspection of agricultural products and foodstuffs bearing a protected name.
Regulation (EEC) No.2081/92 provides that if a designated inspection authority and/or
private body in a member State establishes that an agricultural product or foodstuff bearing a
protected name of origin in that member State do es not meet the criteria of the specification, they
shall take the steps necessary to ensure that th is Regulation is complied with (Article 10, § 4).
Under domestic law the examination and inspection powers of officials are governed by
Articles 5 to 7 of the Law of 25 September 1953 having as its object the reorganization of theinspection of common foodstuffs, drinks and products (Memorial A 1953 p.1259).  Such officials
have the power to carry out visits, even during the night if there are serious indications giving rise to a
presumption of fraud, to make all the necessary checks, to require the production of all the
commercial documents necessary for their examinati ons and inspections, to take samples and to seize
the objects.  If necessary they may transmit a complaint to the Public Prosecutor.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?
Describe the procedure.
Specific inspection commissions check compliance with the conditions for producing national
products.  In the event of evidence being found of an abuse of the trademark, the inspection
commission informs the Minister of Agriculture, w ho may, under the terms of Article 5 of the Law of
2 July 1932 concerning the standardization of agricultural and horticultural products and the creation
of a national trademark (Memorial 1932 p. 461), withdraw from a producer the right to use thetrademark.
In addition, the Law of 27 September 1986 regulating certain commercial practices and
penalizing unfair competition, as amended by the Law of 14 May 1992 (Memorial 1992, p.1119)
provides in Article 21 that the judge presiding over the chamber of the district court sitting inIP/C/W/117/Add.10/Suppl.2
Page 33
commercial matters may, at the request of any person, a professional group or a consumer association
represented on the price commission, order the termination of acts of unfair competition (for example,
false indications likely to mislead the buyer;  leading people to believe in an inaccurate origin or
provenance of the product, etc.).  The action is brought and judged on the basis of a summary
procedure.  The judge may order the decision to be posted up and may also order its publication, in all
or in part, at the expense of the offender.
35. Do the procedures which lead to forfeiture of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The procedure which leads to the forfeiture of a right to a protected geographical name is
initiated by a member State.  Article 11 of Regulation (EEC) No. 2081/92 provides that:
"1. Any member State may submit that a condition laid down in the product specification
of an agricultural product or foodstuff covered by a protected name has not been met.
2. The member State referred to in paragraph 1 shall make its submission to the member
State concerned.  The member State concerned shall examine the complaint and
inform the other Member State of its findings and of any measures taken.
3. In the event of repeated irregularities and the failure of the member States concerned
to come to an agreement, a duly substantiated application must be sent to theCommission.
4. The Commission shall examine the application by consulting the member States
concerned.  Where appropriate, having consulted the committee referred to in Article
15, the Commission shall take the necessary steps.  These may include cancellation ofthe registration."
D. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographicalindication use that geographical indication aft er recognition is given or must additional criteria
or procedures be followed by that  party before its use is permitted?
Any producer or processor who meets the conditions laid down in the specification may use
the geographical indication after it has been recognized and included on the Register of protected
designations of origin and protected geographical indications kept by the European Commission.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognit ion or the entity that obtained the recognition?
Under the terms of Regulation (EEC) No.2081/92 any producer established within the
specified area who meets the conditions laid down by the specification has the right to use the
protected geographical indication.
38. Are there fees involved in  receiving authorization to use a particular geographical
indication and, if so, what are those fees and how are they established?
No.
39. If there is a dispute regarding use of a geographical indication by a particular party,
what procedures are followed to resolve it?IP/C/W/117/Add.10/Suppl.2
Page 34
See the reply to question 35.
40. Must individual authorized users of a geog raphical indication use that geographical
indication continually to retain their right to us e it and, if so, how is their use determined and
how long will disuse be permitted?
See the reply to question 30.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
See the reply to question 30.
42. Does the regime for protection of geographical indications allow geographical
indications to be licensed and, if so, what conditions are imposed on such licences?  If such
conditions are not met, what is the ef fect on the geographical indication?
No.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the
TRIPS Agreement, applied in your country?
See the provisions of paragraphs 2 and 4 of Article 13 of Regulation (EEC) No. 2081/92.
E. R ELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
Article 14, § 1 of Regulation (EEC ) No. 2081/92 provides that:
"Where a designation of origin or geographical indication is registered in accordance with this
Regulation, the application for registration of a trademark corresponding to one of the
situations referred to in Article 13 [content of the protection accorded] and relating to the
same type of product shall be refused, provided that the application for registration of the
trademark was submitted after the date of the publication provided for in Article 2(6)[publication in the Official Journal of the European Communities].
Trademarks registered in breach of the first subparagraph shall be declared invalid.This paragraph shall also apply where the application for registration of the trademark was
lodged before the date of publication of the application for registration provided for in
Article 6(2), provided that that publication occurred before the trademark was registered".
Article 14, § 2 of Regulation (EEC ) No. 2081/92 provides that:
"With due regard for Community law, use of a trademark corresponding to one of the
situations referred to in Article 13 [i.e. which infringes a protected name] which was
registered in good faith before the date on which application for registration of a designation
of origin or geographical indication was lodged may continue notwithstanding the registration
of a designation of origin or geographical indication, where there are no grounds for invalidityor revocation of the trademark as provided respectively by Article 3(1)(c) and (g) and
Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1998 to approximate
the laws of the member States relating to trademarks".IP/C/W/117/Add.10/Suppl.2
Page 35
With regard to wines and grape musts, see Article 40, § 2 and 3 of the above-mentioned
Regulation (EEC) No. 2392/89.
45. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
Article 14, § 3 of Regulation (EEC ) No. 2081/92 provides that:
"A designation of origin or geographical indication shall not be registered where, in the light
of a trademark's reputation and renown and the length of time it has been used, registration is
liable to mislead the consumer as to the true identity of the product".
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
See the reply to question 44.
F.E NFORCEMENT
47. How are rights in the geographical indicati on enforced?  Are provisions available under
unfair competition law?  Trademark law?  Othe r laws?  Provide citations of the laws and, if
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
See the replies to questions 17, 34 and 44.  It is for the member States themselves to adopt the
necessary measures to ensure compliance with the provisions of Regulation (EEC) No. 2081/92.
This same obligation applies with regard to wine products:  Article 16 of Regulation (EEC)
No. 823/87 and Articles 72, § 4, 72 bis and 79 of Regulation (EEC) No. 822/87.
48. Who has the right to enforce a geographical indication?
See the reply to question 17.
49. What judicial or administrative bodies have jurisdiction over enforcement actions
related to geographical indications?  Are there fe es involved and, if so, what are those fees?
See the reply to question 34.
50. Must the public be notified of the existence of a geographical indication and, if so, how
and how often?
The public is informed of the protection of a geographical indication by means of its
publication in the Official Journal of the European Communities (Article 6 § 4 of Regulation (EEC)
No. 2081/92).
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not be en notified pursuant to Article 63.2 of the
TRIPS Agreement, please provide a copy.
Yes.  See the replies to questions 33 and 34.IP/C/W/117/Add.10/Suppl.2
Page 36
G.I NTERNATIONAL AGREEMENTS
52. Is your Government party to an international, including bilateral or plurilateral,agreement for the notification and/or registration of geographical indications?  If so, please
name the international agreement and explain the relationship between it and your national
legislation.
The Grand Duchy of Luxembourg is a member of the European Union and, consequently,
applies the Community legislation relating to geographical indications and designations of origin.
53. What other international agreements, if an y, have been entered into?  What do those
agreements provide?
None.
__________