S T A T U T O R Y  I N S T R U M E N T S  
EXITING  THE  EUROPEAN  UNION  
AGRICULTURE  
FOOD  
INTELLECTUAL  PROPERTY  
The Agricultural  Prod ucts,  Food  and Drink  (Amendment ) (EU 
Exit)  Regulations  2020  
 
Approved by both Houses of Parliament  
Made  - - - -at 1.13 p.m. on 29th D ecember 2020  
Laid  before  Parliament  31st December 2020  
Coming  into force  in accordance  with regulation  1 
 
 
 
 
 
 
 
 
 
 
 
 
 
£11.50 
   
 
 S T A T U T O R Y  I N S T R U M E N T S  
2020  No. 1661  
EXITING  THE  EUROPEAN  UNION  
AGRICULTURE  
FOOD  
INTELLECTUAL  PROPERTY  
The Agricultural  Prod ucts,  Food  and Drink  (Amendment ) (EU 
Exit)  Regulations  2020  
Approved by both Houses of Parliament  
Made  - - - -at 1.13 p.m. on 29th D ecember 2020  
Laid  before  Parliament  31st December 2020  
Coming  into force  in accordance  with regulation  1 
The Secretary  of State  makes  these  Regulations  in exercise  of the powers  conferred  by section  8 
of, and paragraph  21 of Schedule  7 to, the European  Union (Withdrawal)  Act 2018( a). 
The Secretary  of State  is of the opinion  that,  by reason  of urgency,  it is necessary  to make  these  
Regulations  without  a draft  of the instrument  being  laid before,  and approved  by a resolution  of , 
each  House  of Parliament.  
PART  1 
Introductory  
Citation  and commencement  
1.—(1) These  Regulations  may  be cited  as the Agricultural  Products,  Food  and Drink  
(Amendment ) (EU Exit)  Regula tions  2020. 
(2) The following  provisions  of these  Regulations  come into force  immediately  before  IP 
completion  day— 
(a) this Part;  
(b) Part 3. 
(3) Otherwise,  these  Regulations  come  into force  on IP completion  day. 
 
(a) 2018 c. 16 , amended by the European  Union (Withdrawal Agreement) Act 2020 (c. 1).   2 PART  2 
Amendment  of retained  direct  EU legislation  
Commission  Regulation  (EC)  No 1416/2006  
2.—(1) Commission  Regulation  (EC)  No 1416/2006  laying  down  specific  rules  on the 
implement ation  of Article  7(2) of the Agreement  between  the European  Community  and the 
United  States  of America  on trade  in wine  concerning  the protection  of US names  of origin  in the 
Community  is amended  as follows.  
(2) In Article  1— 
(a) in paragraph  (1), for “Member  States”  substitute  “United  Kingdom” ; 
(b) in paragraph  (2)(a),  for “Community” , in both  places  it occurs , substitute  “United  
Kingdom ”. 
(3) Omit  Article  2. 
(4) After  Article 2 omit  the words  from  “This  Regulation”  to “Member  States”.  
Commission  Regulation  (EC)  No 936/2009  
3.—(1) Commission  Regulation  (EC)  No 936/2009  applying  the agreements  between  the 
European  Union  and third  countries  on the mutual  recognition  of certain  spirit  drinks (a) is 
amended  as follows.  
(2) In Article  1(2), for the words  from  “referred  to”, in the second  place  they occur , to 
“110/2008” , substitute  “contained  in the Spirit  Drinks  Regulati ons 2008 ”. 
(3) After  Article  3 omit  the words  from  “This Regulation”  to “Member  States ”. 
Regulation  (EU)  No 1151/2012  
4.—(1) Regulation  (EU)  No 1151/2012  of the European  Parliament  and of the Council  on 
quality  schemes  for agricultural  products  and foodstuffs (b) is amended  as follows.  
(2) In Article  3— 
(a) after  point  (13) insert — 
“(13a)  ‘application  to register  a trade  mark’  means  an application  to register  a trade  ma rk  
made  under  the TMA (c);”; 
(b) after  point  (14) insert — 
“(14a)  ‘bridging  arrangements’  has the meaning  given  in Article  14c(2)(b);”. 
(3) After Article  14b insert  the new Articles  14c and 14d in Schedule  1. 
(4) In Annex  1, in paragraph  1 at the end insert — 
“— rush”. 
Commission  Implementing  Regulation  (EU) No 716/2013  
5.—(1) Commission  Implementing  Regulation  (EU) No 716/2013  laying  down  the rules  for the 
application  of Regulation  (EC)  No 716/2013  laying  down  rules  for the application  of Regulation  
(EC)  110/2008  of the European  Parliament  and of the Council  on the definition,  description,  
 
(a) EUR 2009/936.  Prospective amendments were included in S.I. 2019/ 759. They would have come into force on IP 
completion day. They are omitted by regulation  14 of this instrument and replaced with the amendme nts in regulation 3 of 
this instrument . 
(b) EUR 2012/1151 , amended prospectively by  S.I. 2020/ 1637 . 
(c) “The TMA” is defined in Article 3(29). Point (29) is inserted by S.I. 2020/ 1637.   3 presentation,  labelling  and the protection  of geographical  indications  of spirit  drinks (a) is amended  
as follows.  
(2) Omit  paragraph  (b) of Article  1. 
(3) Omit  paragraph  (b) of Article  2. 
(4) Omit  Articles  6 to 22. 
Regulation  (EU)  No 1308/2013  
6.—(1) Regulation  (EU)  No 1308/2013  of the European  Parliament  and of the Council  
establishing  a common  organisation  of the markets  in agricultural  products (b) is amended  as 
follows.  
(2) In Article  90, after  paragraph  3 insert — 
“4. Paragraph  3 does  not apply  to products  imported  from  the European  Union  until  the 
end of the period  of 6 months  beginning  on the day after that on which  IP com pletion  da y 
falls provided  that the products  comply  with paragraph  1.”. 
(3) After Article  102b insert  the new articles  102c and 102d in Schedule  2. 
Regulation  (EU)  No 251/2014  
7.—(1) Regulatio n (EU)  No 251/2014  of the European  Parliament  and of the Council  on the 
defin ition,  description,  presentation,  labelling  and the protection  of geographical  indications  of 
aromatised  wine  products (c) is amended  as follows.  
(2) In Artic le 2— 
(a) after  point  (4) insert— 
“(4a) ‘an application  to register  a trade  mark’  means  an application  to register  a trade  
mark  made  under  the TMA (d);”; 
(b) after  point (5) insert — 
“(5a) ‘bridging  arrangeme nts’ has the meaning  given  in Article  19c(2)(b);”. 
(3) After Article  19b, insert  the new articles  19c and 19d in Schedule  3. 
Commission  Implementing  Regulation  668/2014  
8.—(1) Commission  Implementing  Regulation  668/2012  laying  down  the rules  for the 
application  of Regulation  (EU)  No 1151/2012  of the European  Parliament  and of the Council  on 
quality  schemes  for agricultural  products  and foodstuffs (e) is amended  as follows.  
(2) In Annex  11, in paragraph  2, after  “– Class  2.20. feather”  insert — 
“, 
– Class  2.20a . rush”. 
Commission  Delegated  Regulation  (EU)  2019/33  
9.—(1) Commission  Delegated  Regulation  (EU)  2019/33  supplementing  Regulation  (EU)  No 
1308 /2013  of the Europe an Parliament  and of the Council  as regards  applications  for protections  
of designations  of origin,  geographical  indications  and traditional  terms  in the wine  sector,  the 
 
(a) EUR 2013/716 , amended prospectively by  S.I. 2020/ 1637 .  
(b) EUR 201 3/1308 , amended prospectively by  S.I. 2019/821,  2019/828 and 2020/ 1637 . There are other amending instruments 
but none are relevant.  
(c) EUR 2014/251, amended prospectively by S.I. 2020/ 1637 . 
(d) “The TMA” is defined in Article 2(18). Point (18) is inserted  by S.I. 2020/ 1637 . 
(e) EUR 2014/668 , amended prospectively by S.I. 2020/ 1637 .  4 objection  procedure,  restrictions  of use, amendments  to product  specifications,  cancellation  of 
protection,  and labelling  and presentation (a) is amended  as follows.  
(2) In Article  1a— 
(a) after  point  (d) insert — 
“(da) ‘application  to register  a trade  mark’  means  an application  to register  a trade  
mark  made  under  the TMA( b);”; 
(b) after  point  (f) insert — 
“(fa)‘bridging  arrangements’  has the meaning  given  in Article  32c(2) (b);”. 
(3) After Article  32 insert  the new articles  32c and 32d in Schedule  4. 
Regulation  (EU)  2019/787  
10.—(1) Regulation  (EU)  2019/787  of the European  Parliament  and of the Council  on the 
definition,  description,  presentation  and labelling  of spirit  drinks,  the use of the names  of spirit  
drink s in the presentation  and labelling  of other  foodstuffs,  the protection  of geographical  
indications  for spirit  drinks,  the use of ethyl  alcohol  and distillates  of agricultural  origin  in 
alcoholic  beverages (c) is amended  as follows.  
(2) In Article  3— 
(a) after  point (9) insert — 
“(9a) ‘application  to register  a trade  mark’  means  an application  to register  a tra de  m a rk  
made  under  the TMA ; 
(9b) ‘an Article  30(5)  approval  notice’  means  a notice  published  under  Article  30(5)  
relating  to a decision of the Secretary  of State  to approve  an application  for a geogra phica l  
indication;  
(9c) ‘bridging  arrangements’  has the meaning  given  in Article  36c(2)(b); 
(9d) ‘constituent  nation’  means  England,  Northern  Ireland,  Scotland  or Wales;  
(9e) ‘country’,  in relation  to the United  Kingdom,  means  the United  Kingdom  as a whole  
and does  not mean  an individual  constituent  nation  forming  part of the United  Kingdom;  
(9f) ‘enters  into force’  in relation  to an international  agreement,  includes,  where  the 
provisional  application  of that agreement  is agreed  between  the parties  before  it enters  into  
force,  the provisional  application  of the agreement  and ‘entry  into force’  is to be construed  
accordingly; ” 
(b) after  point  (10) insert — 
“(10a)  ‘EUIA’  means  an international  agreement  made  between  the European  Union  a nd 
a third  country  that provides  for the protection  of a geographical  indication  of the third  
country  in the European  Union; ”; 
(c) after  point  (14) insert — 
“(14a)  ‘the relevant  period’  means  the period  beginning  on IP completion  day and 
expiring  at the end of the day that falls nine months  after  the day on which  IP completion  
day falls; ”; 
(d) after  point  (15) insert — 
“(16) ‘the TMA’  means  the Trade  Marks  Act 1994( d); 
(17) ‘the Types  Table’  means  the table  in Part 3 of Annex  1A.”. 
(3) After  Article  3 insert  the new Article  4 in Part 1 of Schedule  5. 
 
(a) EUR 2019/33, amended prospectively by S.I. 2020/ 1637 . 
(b) “The TMA” is defined in Article 1a(t).  
(c) EUR 2019/787, amended prospectively by S.I. 2020 /1637 . 
(d) 1994 c. 26.   5 (4) In Article  30— 
(a) in paragraph  4— 
(i) omit  the first subparagraph;  
(ii) in the second  subparagraph,  after  “registration”  insert  “under  paragraph  5a”; 
(b) after  paragraph  5 insert — 
“5a. Where  the Secretary  of State  publishes  a notice  under paragraph  5 giving  notice  of 
the Secretary  of State’s  decision  to register  a geographical  indication,  the Secretary  of Sta te  
must  as soon  as possible  after  the notice  period  has expired:  
(a) record  the relevant  data  relating  to the geographical  indic ation  in the register,  and 
(b) attach  a copy  of the product  specification  for the geographical  indication  to the 
register.  
5b. An entry  for a geographical  indication  added  to the register  pursuant  to paragraph  
5a(a),  and the provisions  in the product  speci fication  attached  to the register  pursuant  to 
paragraph  5a(b),  take effect  in relation  to the registration  of a geographical  indication  
immediately  after:  
(a) the entry  has been  made  in the register,  and 
(b) the product  specification  has been  attached  to the register. ”; 
(c) after  paragraph  7 insert — 
“8. In this Article:  
(a) ‘notice  period’  means  the period  of 20 days  from  the day on which  the notice  ref erred  
to in paragraph  5 is published,  beginning  with the day on which  the notice  is published;  
(b) the reference  to ‘the relevant  data’  in paragraph  5a(a)  means  the product  category,  the 
geographical  indication  and the country  of origin .” 
(5) After  Article  36 insert  the new Articles  36a to 36d in Part 2 of Schedule  5. 
(6) In Article  37— 
(a) number  the existing  paragraph  as paragraph  1; 
(b) after  paragraph  1 (as numbered  by sub-paragraph  (a)) insert — 
“2. The geographical  indication  for which  the names  ‘Irish  Whiskey ’, ‘Uisce Beatha  
Eireannach ’ and ‘Irish  Whisky ’ are listed  in category  2 of the table  in Annex  3 to EU 
Regulation  110/2008( a) covers  whisky/whiskey  produced  in Ireland,  Northern  Ireland  or in 
both  Ireland  and Northern  Ireland.  
3. The protection  of the geographic al indication  ‘Pisco ’ (as listed  in category  9 of the 
table  in Annex  3 to EU Regulation  110/2008)  under  this Regulation  is without  prejudice  to 
the use of the name  ‘Pisco ’ for products  originating  in Chile  protected  under  the 
Association  Agreement  between  the United  Kingdom  and Chile.  
4. The product  specification  relating  to the geographical  indication  ‘Somerset  Cider  
Brandy ’ (as listed  in category  10 of the table  in Annex  3 to EU Regulation  110/2008)  is 
deemed  to include  a requirement  that the use of that geographical  indication  must  be 
accompanied  by the sales  denomination  ‘cider  spirit’.  
5. The product  specification  relating  to the geographical  indication  for which  the names  
‘Polska  Wódka ’ and ‘Polish  Vodka ’ are listed  in category  15 of the table  in Annex  3 to EU 
Regulation  110/2008  is deemed  to include  a requirement  that the use of the geographical  
indication  must  be accompanied  by the sales  denomination  ‘flavoured  vodka’.  The term  
‘flavoured’  may  be replaced  by the name  of the predominant  flavour.  
 
(a) OJ No. L 39, 13.2.2008, p. 16, last amended by Regulation (EU) 2019/787 of the European Parliament and of the Council 
(OJ No. L 130, 17.5.2019, p. 1).   6 6. The geographical  indication  ‘Irish  Cream ’ (as listed  in category  32 of the table  in 
Annex  3 to EU Regulation  110/2008)  covers  the corresponding  liqueur  produced  in Ireland,  
Northern  Ireland  or in both  Ireland  and Northern  Ireland.  
7. The geographical  indicati on for which  the names  ‘Irish  Poteen ’ or ‘Irish  Poitín ’ are 
listed  in the category  ‘Other  spirit  drinks’  of the table  in Annex  3 to EU Regulation  
110/2008  covers  the corresponding  spirit  drink  produced  in Ireland,  Northern  Ireland  or in 
both  Ireland  and Northern  Ireland.  
8. When  adding  an entry  relating  to a geographical  indication  covered  by any of 
paragraphs  2 to 7 to the register,  the Secretary  of State  must  include  a note in the register  
relating  to the matter  specified  in the relevant  paragraph. ”. 
(7) After  Annex  1 insert  the new Annex  1A in Part 3 of Schedule  5. 
 
PART  3 
Amen dment  of subordinate  legislation  
The Spirit  Drinks  Regulations  2008  
11.—(1) The Spirit  Drinks  Regulations  2008 (a) are amended  as follows.  
(2) So far as it extends  to Great  Britain,  in regulation  6(6)( b), for the words  from  “being  
imported”  to the end substitute — 
“being — 
(a) imported  into, or exported  from,  Great  Britain;  
(b) moved  into Great  Britain from  Northern  Ireland;  
(c) moved  from  Great  Britain  into Northern  Ireland. ”. 
(3) So far as it extends  to Northern  Ireland,  in regulation  6(6), for the words  from  “being  
imported”  to the end substitute — 
“being — 
(a) imported  into, or exported  from,  Northern  Ireland;  
(b) moved  from  Northern  Ireland  into Great  Britain;  
(c) moved  into Northern  Ireland  from  Great  Britain. ”. 
The Trade  Marks  (Amendment  etc.) (EU Exit)  Regulations  2019 
12. In the Trade  Marks  (Amendment  etc.) (EU Exit)  Regulations  2019( c), in Schedule  5, in 
paragraph  7(1A),  after  paragraph  (d) insert — 
“(e) Article  36a of Regulation  (EU)  2019/787  of the European  Parliament  and of the 
Council  on the definition,  description,  presentation  and labelling  of spirit  drinks,  
the use of the names  of spirit  drinks  in the presentation  and labelling  of other  
foodstuffs,  the protection  of geographical  indications  for spirit  drinks,  the use of 
ethyl  alcohol  and distillates  of agricultural  origin  in alcoholic  beverages( d), or that 
Article  as applied  by Article  36d of that Regulation .”. 
 
(a) S.I. 2008/3206.  
(b) Paragraph (6) was inserted by S.I. 2020/ 1636 . 
(c) S.I. 2019/269, amended prosp ectively by S.I. 2020 /1637 . See also regulation 16(2) of this instrument.  
(d) Article 36 a is prospectively  inserted in EUR 2019/787  by Part 2 of Schedule 5 to this instrument.   7 The Organic  Production  (Control  of Imports)  (Amendment)  (EU Exit)  Regulations  2019  
13.—(1) The Organic  Production  (Control  of Imports)  (Amendment)  (EU Exit)  Regulations  
2019 (a) are amended  as follows . 
(2) In regulation  2(3)— 
(a) in sub-paragraph  (a)(ii),  in the inserted  text, for “1st January  2021”  substitute  “1st July 
2021”;  
(b) in sub-paragraph  (b)(v), in the inserted  text, for “1st January  2021”  substitute  “1st July 
2021”.  
(3) In regulation  4— 
(a) in paragraph  (13)(b),  in the inserted  text, for “1st January  2021”  substitute  “1st July 
2021”;  
(b) in paragraph  (15)(b),  in the inserted  text, for “1st January  2021” substitute  “1st July 
2021”;  
(c) in paragraph  (18)(a)(iv),  in the inserted  text, for “1st January  2021”  substitute  “1st July 
2021”;  
(d) in paragraph  (25),  in the inserted  text— 
(i) in point  5 (control  bodies),  in the table — 
(aa) after  the row for code  number  AT-BIO-301 insert— 
 
“AT-BIO-302 Austria  Bio-Garantie  
– Landwirtschaft  
GmbH  www.abg.at ”;  
(bb) omit  the row for code  number  AT-BIO-701;  
(cc) in the row for code  number  AT-BIO-902, for the internet  address  in the third  
colum n substitute  “www.at.sgs.com ”; 
(dd) in the row for code  number  BE-BIO-03, for the name  in the second  column  
substitute  “Inscert  Partner”;  
(ee) omit  the rows  for code  numbers  BG-BIO-13 and BG-BIO-16; 
(ff) after  the row for code  number  HR-EKO -10 insert — 
“HR-EKO -11 Nastavni  zavod  za 
javno  zdravstvo  Dr. 
Andrija  Stampar   www.stampar.hr   
HR-EKO -12 BIOTER  d.o.o.   www.bioter.hr   
HR-EKO -13 MAREKO  d.o.o  www.mareko.hr ”;  
(gg) after  the row for code  number  CY-BIO-004 insert — 
“CY-BIO-005 CertifyBio  Ltd  www.certifybio.com
”;  
(hh) in the row for code  number  CZ-BIO-002, in the second  column  omit  “CZ-
BIO-002”,  leaving  “ABCERT  AG”;  
(ii) for the row for code  number  FI-EKO -201 substitute — 
“FI-EKO -201 Ruokavirasto  www.ruokavirasto.fi
”;  
(jj) omit  the row for code  number  FR-BIO-07; 
(kk) after  the row for code  number  FR-BIO-18 insert — 
“FR-BIO-19 Control  Union  
Inspection  France   www.control -
union.fr   
 
(a) S.I. 2019/692, amended prospectively by S.I. 2020/ 1452 .  8 FR-BIO-20  OCACIA  www.ocacia.fr   
FR-BIO-21  AFNOR  
Certification   certification.afnor.or
g”;  
(ll) in the row for code  number  DE-OKO -001, for the internet  address  in the third  
column  substitute  “www.bcs -oeko.com ”; 
(mm)  in the row for code  number  DE-OKO -003, for the name  in the second  colum n  
substitute  “LACON  Privatinstitut  für Qualitätssicherung  und Zertifizierung  
ökologisch  erzeugter  Lebensmittel  GmbH ”; 
(nn) in the row for code  number  DE-OKO -005, for the internet  address  in the third  
column  substitute  “www.ecocert.de ”; 
(oo) for the row for code  number  DE-OKO -007 substitute — 
“DE-OKO -007 Prüfgesellschaft  
ökologischer  
Landbau  mbH  www.pruefgesellsch
aft.bio ”;  
(pp) in the row for code  number  DE-OKO -060, for the internet  address  in the third  
column  substitute  “www.qal -gmbh.de ”; 
(qq) for the row for code  number  DE-OKO -070 substitute — 
 
“DE-OKO -070 Control  Union  
Certifications  
Germany  GmbH  www.controlunion -
germany.com ”;  
(rr) in the row for code  number  IE-ORG -03, for the internet  address  in the third  
column  substitute  “www.organictrust.ie ”; 
(ss) for the row for code  number  IE-ORG -04 substitute — 
 
“IE-ORG -04 Globa l Trust  
Certification  Ltd 
(SAI  Global)  www.saiglobal.com ”
;  
(tt) omit  the row for code  number  IE-ORG -05; 
(uu) in the row for code  number  IT-BIO-007, for the internet  address  in the third  
column  substitute  “www.bioagricert.org ”; 
(vv) in the row for code  number  IT-BIO-012, for the internet  address  in the third  
column  substitute  “www.sidelitalia.it”;  
(ww)  after  the row for code  number  IT-BIO-020 insert — 
“IT-BIO-021  CSQA  www.csqa.it ”;  
(xx) for the row for code  number  LU-BIO-04 substitute — 
 
“LU-BIO-04 Prüfgesellschaft  
Ökologischer  
Landbau  mbH  (DE-
OKO-007)  www.pruefgesellsch
aft.bio ”;  
(yy) in the row for code  number  LU-BIO-08, for the name  in the second column  
substitute  “Inscert  Partner  S.A. (BE-BIO-03)”; 
(zz) after  the row for code  number  LU-BIO-08 insert — 
“LU-BIO-09  Bioagricert  Srl (IT-
BIO-007)  www.bioagricert.org   
LU-BIO-10  TUV  Nord  bvba  
(BE-BIO-02) www.tuv -nord.com ”
;  
(aaaa)  after  the row for code  number  PL-EKO -12 insert — 
“PL-EKO -13  Krajow e Centrum  www.kcbic.pl  Accredited  only for  9 Badań  i Certyfikacji  
“Gwarantowana  
Jakość ” Sp. z o.o. plant  production  and 
animal  production.  
Control  Body  (was 
authorized  to control  
and certify  organic  
production  since  30th 
August  2019 ”; 
(bbbb) omit  the row for code  number  PT-BIO-11; 
(cccc)  in the row for code  number  PT-BIO-07, for the email  address  in the third  
column  substitute  “www.tradicao -qualidade.pt ”; 
(dddd) in the row for code  number  RO-ECO -024, for the name  in the second  colum n  
substitute  “CERES  ORGANIC  CERT  SRL” ; 
(eeee)  in the row for code  number  SK-BIO-004, for the internet  address  in the third  
column  substitute  “www.eko -control.sk ”; 
(ffff) before  the row for code  number  SI-EKO -001 insert — 
“SLOVENIA    Control  Bodies ”; 
(gggg) after  the row for code  number  SI-EKO -001 omit  the row beginning  
“SLOVENIA” ; 
(hhhh) after  the row for code  number  ES-ECO -003-AN insert — 
“ES-ECO -003-CM  AGROCOLOR,  S.L. 
(Castile -La Mancha)  www.agrocolor.es ”;  
(iiii) in the row for code  number  ES-ECO -004-AN, in the third  column  insert  
“www.appluscertification.com ”; 
(jjjj) omit  the row for code  number  ES-ECO -005-AN; 
(kkkk) omit  the row for code  number  ES-ECO -011-AR; 
(llll) in the row for code  number  ES-ECO -019-CT, for the name  in the second  
column  substitute  “CCPAE ”; 
(mmmm)  in the row for code  number  ES-ECO -020-CV, for the name  in the second  
column  substitute  “CAECV ”; 
(nnnn) in the row for code  number  ES-ECO -022-GA, for the name  in the second  
column  substitute  “CRAEGA ”; 
(oooo) in the row for code  number  ES-ECO -023-MA, for the name  in the second  
column  substitute  “CAEM ”; 
(pppp) in the row for code  number  ES-ECO -024-MU, for the name  in the second  
column  substitute  “CAERM ”; 
(qqqq) in the row for code  number  ES-ECO -025-NA, for the name  in the second  
column  substitute  “CPAE N/NNPEK ”; 
(rrrr) in the row for code  number  ES-ECO -026-VAS , for the name  in the second  
column  substitute  “ENEEK ”; 
(ssss)  omit  the row for code  number  ES-ECO -027-RI; 
(tttt) in the row for code  number  ES-ECO -029-AN, for the name  in the second  
column  substitute  “BUREAU  VERITAS  IBERIA  S.L.”; 
(uuuu) omit  the row for code  number  ES-ECO -30-CM; 
(vvvv) in the row for code  number  ES-ECO -031-CL, for the internet  address  in the 
third  column  substitute  “www.cclcertificacion.es ”; 
(wwww)  after  the row for code  number  ES-ECO -031-CL insert — 
“ES-ECO -032-AN  SAI GLOBAL  
ASSURANCE  
SERVICES  www.saiglobal.com   Private  Control  
Body ”;  10 OFICINA  DE 
REPRESENTACIÓ
N EN ESPAÑA,  
LTD   
(xxxx) after  the row for code  number  ES-ECO -032-CL insert — 
“ES-ECO -033-CL  QUALITAS  
NATURA  
CERTIFICACIÓN  
S.L. (Castile -y-
Leon)  www.qualitasnatura.
es Private  Control  
Body ”; 
(yyyy) after  the row for code  number  ES-ECO -033-CM insert — 
“ES-ECO -034-AN OCE  GLOBAL  SLU 
(Andalusia)  www.o ce-
global.com  Private  Control  
Body ”; 
(zzzz)  after  the row for code  number  ES-ECO -034-CM insert — 
“ES-ECO -035-RI  CPAER  (Rioja)  www.cpaer.org  Control  Authority  
ES-ECO -036-CL ACCM  (Castile -y-
Leon)  www.accm.es ”;  
(aaaaaa)  omit  the row for code  number  SE-EKO -07; 
(ii) in point  7 (duration  of the inclusion),  for “31st  December  2020”  substitute  “31st  
December  2021” . 
The Food  and Farming  (Amendment)  (EU Exit)  Regulations  2019  
14. Omit  regulation  5 of the Food  and Farming  (Amendment)  (EU Exit)  Regulations  2019( a). 
The Agriculture  (Legislative  Functions)  (EU Exit)  (No. 2) Regulations  2019  
15.—(1) The Agriculture  (Legislative  Functions)  (EU Exit)  (No. 2) Regulations  2019 (b) are 
amended  as follows.  
(2) In regulation  37, in the substituted  Article  228(2),  after  “under  Article”  insert  “102d(4)(c) or 
Article ”. 
The Agricultural  Products,  Food  and Drink  (Amendment  etc.) (EU Exit)  Regulations  2020  
16.—(1) The Agricultural  Products,  Food  and Drink  (Amendment  etc.) (EU Exit)  Regulations  
2020 (d) are amended  as follows . 
(2) In regulation  3, in the new sub-paragraph  (1A) to be inserted  after  paragraph  7(1) of 
Schedule  5 to the Trad e Marks  (Amendment  etc.) (EU Exit)  Regulations  2019 — 
(a) in paragraph  (a), at the end insert  “, or that Article as applied  by Article  14d of that 
Regulation ;”; 
(b) in paragraph  (b), at the end insert  “, or that Article  as applied  by Article  102d of that 
Regulation ;”; 
(c) in paragraph  (c), at the end insert  “, or that Article  as applied by Article  19d of that 
Regulation ;”; 
(d) in paragraph  (d), at the end insert  “, or that Article  as applied  by Article  32d of that 
Regulation ;”. 
 
(a) S.I. 2019/759. See regulation 3 for amendments to Commission Regulation (EC) No 936/2009.  
(b) S.I. 2019/831.  
(c) Article 102d is inserted by Schedule 2 to this instrument.  
(d) S.I. 2020/ 1637 .  11 (3) In regulation  11(5)(a),  in the inserted  text, after  “Regulations”  insert  “and  the 1416/2006  
prohibition (a)”. 
(4) In regulation  14(4)(a),  in the inserted  text, after  “Regulations”  insert  “and  the 1416/2006  
prohibition”.  
(5) In regulation  20(2) — 
(a) in new paragraph  1a to be inserted  into Article  93 of Regulation  (EU)  No 1308/2013 — 
(i) for “Article  102a”  substitute  “Articles  102a , 102c and 102d ”; 
(ii) before  point  (a) insert — 
“(za) ‘application  to register  a trade  mark’  means  an application  to register  a trade  
mark  made  under  the TMA (b)”; 
(iii) after  point  (a) insert — 
“(aa) ‘bridging  arrangements’  has the meaning  given  in Article  102c(2)(b);”; 
(iv) after  point  (f) insert — 
“(fa)‘third  country’  means — 
 (i) for the purposes  of the definition  of ‘EUIA’  in paragraph  1a(c), Article  102c  
and Annex  9A (other  than  the reference  in paragraph  (ii)), any country  other  
than — 
(aa) any part of the British  Islands,  or 
(bb) any member  State;  
 (ii) for the purposes  of the reference  in column  2 of row 6 of the Types  Table  in 
Part 3 of Annex  9A, any country  other  than  any part of the British  Islands;  
 (iii) for all other  purposes,  any country  other  than  the United  Kingdom , and 
include s: 
(aa) the Bailiwick  of Guernsey ; 
(bb) the Bailiwick  of Jersey ; 
(cc) the Isle of Man; ”; 
(b) omit  paragraph  1b. 
(6) In regulation  28(40),  in the substituted  Article  46, for paragraph  1 substitute — 
“1. Regulations  made  under  this Regulation  are to be made  by statutory  instrument.  
1A. A statutory  instrument  containing  regulations  under  Article  36d(4)  may  not be ma de  
unless  a draft  of the instrument  has been  laid before  and approved  by a resolution  of ea ch  
House  of Parliament.  
1B. Any other  statutory  instrument  containing  regulations  made  under  this Regula tion  is 
subject  to annulment  in pursuance  of a resolution  of either  House  of Parliament. ”. 
(7) In Schedule  2— 
(a) in Part 1, for new Article  3(28)  substitute — 
“(28) ‘third  country’  means — 
(a) for the purposes  of the definition  of ‘EUIA’  in point (21),  Article  14c and Annex  
1A (other  than  the reference  in paragraph  (b)), any country  other  than— 
 (i) any part of the British  Islands , or 
 (ii) a member  State ; 
(b) for the purposes  of the reference  in column  2 of row 6 of the Types  Table in Pa rt  3 
of Annex  1A, any country  other  than  any part of the British  Islands ; 
 
(a) See S.I. 2020/ 1636  for amendments to S.I. 2011/2936 concerning “the 1416/200 6 prohibition”.  
(b) “The TMA” is defined in Article 93(1a)(g).   12 (c) for all other  purposes,  any country  other  than  the United  Kingdom , and includes:  
 (i) the Bailiwick  of Guernsey ; 
 (ii) the Bailiwick  of Jersey ; 
 (iii) the Isle of Man; ”; 
(b) in Part 3— 
(i) in new Article  14a(2)(b)(i) — 
(aa) in point  (aa), after  “enters  into force”  insert  “or the bridging  arrangements  
referred  to in that column  are made”;  
(bb) in point  (bb), after  “international  agreement”  insert  “or the making  of the 
bridging  arrangements”;  
(ii) in new Article  14a(11)(a),  after  “11(2) ” insert  “or 14c(1)”;  
(iii) in new Article  14a(12),  omit  subparagraph  (a); 
(c) in Part 6, in new Article  56(4), after  “or Article”  insert  “14d(4),”; 
(d) in Part 7, in Part 1 of new Annex  1A, in paragraph  1(e)— 
(i) in point  (i), after  “geographical” , in the first place  it occurs,  insert  “indication”,  
(ii) in point  (ii), after  “geographical” , in the first place  it occurs,  insert  “indication”,  
(iii) in point (iii), after  “geographical”  insert  “indication”;  
(e) in Part 7, in the Types  Table  in Part 3 of new Annex  1A, in row 3— 
(i) in column  2, for paragraph  (c) substitute — 
“(c) must  be protected  in Great  Britain  pursuant  to— 
 (i) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
 (ii) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
during  the relevant  period. ”; 
(ii) in column  3— 
(aa) in paragraph  1, after  “11(2)”  insert  “or Article  14c(1)”;  
(bb) for paragraph  2 substitute — 
“2. A designation  of origin  or geographical  indication  that is not on Great  Britain’s  
PDOs  and PGIs  Register  before  the day on which  the paragraph  1 trade  mark  application  is 
acce pted or refused  but must  be protected  in Great  Britain  pursuant  to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
before  the day on which  the paragraph  1 trade  mark  application  is accepted  or refused. ”; 
(cc) for the entry  in column  4 substitute — 
“A designation  of origin  or geographical  indicat ion that is not on Great  Britain’s  PDOs  and 
PGIs  Register  when  the relevant  trade  mark  application  is accepted  but must  be protected  in 
Great  Britain  pursuant  to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contract ing parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
on or after  the day on which  the relevant  trade  mark  application  is accepted. ” 
(8) In Schedule  3— 
(a) in Part 2, in new Article  102a —  13 (i) in paragraph  2(b)(i) — 
(aa) in point  (aa), after  “force”  insert  “or the bridging  arrangements  referred  to in 
that column  are made”;  
(bb) in point  (bb), after  “agreement”  insert  “or the making  of the bridging  
arrangements”;  
(ii) in paragraph  11(c),  after  “pursuant  to” insert  “Article  102c(1)  or”; 
(iii) omit  paragraph  12(a);  
(b) in Part 3, in the Types  Table  in Part 3 of new Annex  9A, in row 3— 
(i) in column  2, for paragraph  (c) substitute — 
“(c) must  be protected  in Great  Britain  pursuant  to— 
 (i) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
 (ii) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
during  the relevant  period. ”; 
(ii) in column  3— 
(aa) in paragraph  1 after  “pursuant  to” insert  “Article  102c(1) or”; 
(bb) for paragraph  2 substitute — 
“2. A designation  of origin  or geographical  indication  that is not on Great  Britain’s  
PDOs  and PGIs  Regis ter before  the day on which  the paragraph  1 trade  mark  application  is 
accepted  or refused  but must  be protected  in Great  Britain  pursuant  to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
before  the day on which  the paragraph  1 trade  mark  application  is accepted  or refused. ”; 
(iii) for the entry  in column  4 substitute — 
“A designation  of origin  or geographical  indication  that is not on Great  Britain’s  PDOs  and 
PGIs  Register  when  the relevant  trade  mark  application  is accepted  but must  be protected  in 
Great  Britain  pursuant  to— 
(a) an internationa l agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
on or after  the day on which  the relevant  trade  mark  applicati on is accepted ”. 
(9) In Schedule  4— 
(a) in Part 1, for new Article  2(17)  substitute — 
“(17) ‘third  country’  means — 
(a) for the purposes  of the definition  of ‘EUIA’  in point  (10),  Article  19c and Annex  
2A, any country  other  than:  
 (i) any part of the British  Islands , or 
 (ii) a member  State;  
(b) for all other  purposes,  any country  other  than  the United  Kingdom , and includes:  
 (i) the Bailiwick  of Guernsey ; 
 (ii) the Bailiwick  of Jersey ; 
 (iii) the Isle of Man ;”; 
(b) in Part 3, in new Article  19a— 
(i) in paragraph  2(b)(i) —  14 (aa) in point  (aa), after  “force”  insert  “or the bridging  arrangements  referred  to in 
that column  are made”;  
(bb) in point  (bb), after  “agreement”  insert  “or the making  of the bridging  
arrangements”;  
(ii) omit  paragraph  11(a);  
(c) in Part 6, in new Article  33(4), after  “under  Article  4(2), ” insert  “19d(4),” 
(d) in Part 8, in the Types  Table  in Part C of new Annex  2A, in row 2— 
(i) in column  2, for paragraph  (c) substitute — 
“(c) must  be protected  in Great  Britain  pursuant  to— 
 (i) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
 (ii) bridging  arrangements  between  the United  Kingdom  and the third  country made,  
during  the relevant  period. ”; 
(ii) in column  3— 
(aa) in paragraph  1, after  “Article”  insert  “19c(1) or”; 
(bb) for paragraph  2 substitute — 
“2. A geographical  indication  that is not on Great  Britain’s  GIs Register  before  the day 
on which  the paragraph  1 trade  mark  application  is accepted  or refused  but must  be 
protected  in Great  Britain  pursuant  to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
before  the day on which  the paragraph  1 trade  mark  application  is accepted  or refused. ”; 
(iii) for the entry  in column  4 substitute — 
“A geographical  indication  that is not on Great  Britain’s  GIs Register  when  the relevant  
trade  mark  application  is accepted  but must  be protected  in Great  Britain  pursuant  to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
on or after  the day on which  the relevant  trade  mark  application  is accepted. ” 
(10) In Schedule  8— 
(a) in Part 1, for new Article  1a(q),  substitute — 
“(q) ‘third  country  means — 
 (i) for the purposes  of the definition  of ‘EUIA’  in point  (k), Article  32c and 
Annex  A1 (other  than  the reference  in paragrap h (ii)), any country  other  than:  
(aa) any part of the British  Islands , or 
(bb) a member  State;  
 (ii) for the purposes  of the reference  in column  2 of row 5 of the Types  Table in 
Part 3 of Annex  A1, any country  other  than  any part of the British  Islands;  
 (iii) for all other  purposes,  any country  other  than  the United  Kingdom , and 
includes:  
(aa) the Bailiwick  of Guernsey ; 
(bb) the Bailiwick  of Jersey ; 
(cc) the Isle of Man; ”; 
(b) in Part 3, in new Article  32a—  15 (i) in paragraph  2(b)(i) — 
(aa) in point  (aa), after  “force”  insert  “or the bridging  arrangements  referred  to in 
that column  are made”;  
(bb) in point  (bb), after  “agreement”  insert  “or the making  of the bridging  
arrangements”;  
(ii) omit  paragraph  12(a);  
(c) in Part 6, in the Types  Table  in Part C of new Annex  A1, in row 2— 
(i) in column  2, for paragraph  (c) substitute — 
“(c) must  be protected  in Great  Britain  pursuant  to— 
 (i) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
 (ii) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
during  the relevant  period. ”; 
(ii) in column  3— 
(aa) in paragraph  1 after  “Article”  insert  “32c(1)  or”; 
(bb) for paragraph  2 substitute — 
“2. A traditional  term  that is not in Great  Britain’s  Traditional  Terms  Register  before  the 
day on which  the paragraph  1 trade  mark  application  is accepted  or refused  but must  be 
protected  in Great  Britain  pursuant  to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
before  the day on which  the paragraph  1 trade  mark  application  is accepted  or refused. ”; 
(iii) for the entry  in column  4 substitute — 
“A traditional  term  that is not in Great  Britain’s  Traditional  Terms  Register  when  the 
relevant  trade  mark  application  is accep ted but must  be protected  in Great  Britain  pursua nt  
to— 
(a) an international  agreement  to which  the United  Kingdom  and the third  country  are 
contracting  parties  that enters  into force,  or 
(b) bridging  arrangements  between  the United  Kingdom  and the third  country  made,  
on or after  the day on which  the relevant  trade  mark  application  is accepted. ”. 
(11) In Schedule  10, Part 1, in new Article  3, for point  (15) substitute — 
“(15) ‘third  country’  means — 
(a) for the purposes  of the definition  of ‘EUIA’  in point  (10a),  Article  36c and Annex  
1A (other  than  the reference  in paragraph  (b)), any country  other  than— 
 (i) any part of the British  Islands,  or 
 (ii) a member  State,  
(b) for the purposes  of the reference  in column  2 of row 5 of the Types  Table  in Pa rt  3 
of Annex  1A, any country  other  than  any part of the British  Islands;  
(c) for all other  purposes,  any country  other  than  the United  Kingdom , and includes:  
 (i) the Bailiwick  of Guernsey ; 
 (ii) the Bailiwick  of Jersey; 
 (iii) the Isle of Man ;”. 
 
 Victoria Prentis  
 Parliamentary  Under  Secretary  of State   16 At 1.13 p.m. on 29th December 2020  Department  for Environment,  Food  and Rural  Affairs  
 SCHEDULE  1 Regulation  4 
Regulation  (EU)  No 1151/2012:  new Articles  14c and 14d 
“Article  14c 
Third  Country  designations  of origin and geographical  indications  covered  by 
bridging  arrangements  
1. A designation  of origin  or geograp hical  indication  to whic h paragraph  2 applies  is, 
for the protection  period,  to be entered  on Great  Britain’s  PDOs  and PGIs  Register( a). 
2. This paragraph  applies  to a designation  of origin  or geographical  indication  which  
relates  to a geographical  area in a third  country  (‘C’)  which:  
(a) was, immediately  before  IP completion  day, protected  in the European  Union  under  an 
EUIA( b) to which  the European  Union  and C were  contracting  parties,  and 
(b) is, before  a qualifying  international  agreement  enters  into force( c), to be protected  in 
Great  Britain  pursuant  to any written  arrangements  made  by the United  Kingdom  a nd 
C (“bridging  arrang ements”).  
3. For the purposes  of this Article,  ‘the protection  period’,  in relation  to a designation  
of origin  or geographical  indication,  is the period  for which:  
(a) the relevant  bridging  arrangements  have  effect,  or 
(b) if only part of the relevant  bridging  arrangements  relates  to the designation  of origin  or 
geographical  indication,  that part has effect.  
4. In this Article  ‘qualifying  international  agreement’  means  an interna tional  agreement  
between  the United  Kingdom  and C, which  has been  initialled . 
Article  14d 
Transitional  provisions:  relations  between  trade  marks,  designations  of origin  and 
geographical  indications  when  bridging  arrangements  are in effect  
1. Where  a designation  of origin  or geographical  indication  is entered  on Great  
Britain’s  PDOs  and PGIs  Register  under  Article  14c, Articles  14a and 14b and Annex  
1A(d) apply  for the purposes  of determining:  
(a) whether  an application  to register  a trade  mark  which  was pending  before  IP 
completion  day or was made  during  the relevant  period (e), must  be refused,  or 
(b) if a relevant  invalidity  application  was made , whether  the registration  of a tra de  m a rk  
must  be declared  invalid,  
but subject  to the general  modifications  specified  in paragraphs  2 and 3 and any further  
modifications  made  by regulations  (if any)  (see paragraph  4). 
2. The modifications  mentioned  in paragraph  1 are that Articles  14a and 14b and Annex  
1A are to be read as if: 
(a) in the case of a type A term , any reference  to a type 3A designation  of origin  or 
geographical  indication  included  a reference  to a type A term;  
 
(a) “Great Britain’s PDOs and PGIs Register” is defined in Article 3(23). Point (23) is inserted by S.I. 2020/ 1637 . 
(b) “EUIA” is defined in Article 3(21).  Point (21) is inserted by S.I. 202 0/1637 . 
(c) “Enters into force” is defined in Article 3(17).  Point (17) is inserted by S.I. 2020/ 1637 . 
(d) Articles 14a and 14b and Annex 1A are inserted by S.I. 2020/ 1637 . 
(e) “The relevant period” is defined in Article 3(26). Point (26) is inserted by S .I. 2020/ 1637 .  17 (b) in the case of a type B term,  any reference  to a type 3B designation  of origin  or 
geographical  indication  included  a reference  to a type B term . 
3. In addition,  Article  14b and Annex  1A are to be read as if any reference  to Article  
14a included  a reference  to that Article  as applied  by this Article.  
4. The Secretary  of State  may,  by regulations,  make  such  further  modific ations  to 
Article  14a or 14b or Annex  1A as the Secretary  of State  considers  necessary  for the 
purpose  of ensuring  that the relative  priorities  afforded  to designations  of origin,  
geographical  indicati ons and trade  marks  before  IP completion  day continue  to apply  
appropriately  during  the relevant  period (a). 
5. In this Article:  
‘relevant  invalidity  application’  means  an application  for a declaration  of invalidity  
made  under  the TMA  (as applied  by Article  14b(1)  and modified  by Article  14b(2))  in 
relation  to the registration  of a trade  mark;  
‘type  A term’  means  a designation  of origin  or geographical  indication  which:  
 (i) immediately  before  the application  to register  a trade  mark  is accepted,  is entered  
in Great  Britain’s  PDOs  and PGIs  Register  under  article  14c, or 
 (ii) is not so entered  when  the application  to register  a trade  mark  is accepted,  but is to 
be protecte d under  bridging  arrangements  which  come  into effect before  the 
application  to register  a trade  mark  is accepted ; 
‘type  B term’  means  a designa tion of origin  or geographical  indication  which  is not 
entered  in Great  Britain’s  PDOs  and PGIs  Register  under  article  14c when  the relevant  
trade  mark  application  is accepted  but must  be protected  in Great Britain  pursuant  to 
bridging  arrangements  made  on or after  the day on which  the relevant  trade  mark  
application  is accepted .” 
 SCHEDULE  2 Regulation  6 
Regulation  (EU)  No 1308/2013:  New  Articles  102c and 102d 
“Article  102c  
Third Country  designations  of origin  and geographical  indications  covered  by 
bridging  arrangements  
1. A designation  of origin  or geographical  indication  to which  paragraph  2 applies  is, 
for the protection  period,  to be entered  on Great  Britain’s  PDOs  and PGIs Register( b). 
2. This paragraph  applies  to a designation  of origin  or geographical  indication  which  
relates  to a geographical  area in a third  country  (“C”)  which:  
(a) was, immediately  before  IP completion  day, protected  in the European  Union  under  an 
EUIA(c) to which  the European  Union  and C were  contracting  parties,  and 
(b) is, before  a qualifying  international  agreement  enters  into force( d), to be protected  in 
Great  Britain  pursuant  to any written  arrangements  made  by the United  Kingdom  a nd 
C (“bridging  arrangements”).  
3. For the purposes  of this Article,  “the protection  period”,  in relation  to a designation  
of origin  or geographical  indication,  is the period  for which:  
(a) the relevant  bridging  arrangements  have  effect,  or 
 
(a) See Article 56 inserted prospectively by S.I. 2020/ 1637 , which insertion is amended by regulation 16(7)(c),  for provisions 
concerning regulations made under Regulation (EU) No 1151/2012 . 
(b) “Great Britain’s PDOs and PGIs Register” is de fined in Article  93(1a)(e).  Paragraph (1a) is inserted by S.I. 2020/ 1637 . 
(c) “EUIA” is defined in Article 93(1a)(c).   
(d) “Enters into force”  is defined in Article 93(1a)(b).    18 (b) if only part of the releva nt bridging  arrangements  relates  to the designation  of origin  or 
geographical  indication,  that part has effect.  
4. In this Article  “qualifying  international  agreement”  means  an international  
agreement  between  the United  Kingdom  and C, which  has been  initia lled. 
Article  102d 
Transitional  provisions:  relations  between  trade  marks,  designations  of origin  and 
geographical  indications  when  bridging  arrangements  are in effect  
1. Where  a designation  of origin  or geographical  indication  is entered  on Grea t 
Britain ’s PDOs  and PGIs  Register  under  Article  102c, Articles  102a  and 102b  and Annex  
9A(a) apply  for the purposes  of determining:  
(a) whether  an application  to register  a trade  mark  which  was pending  before  IP 
completion  day or made  during  the relevant  period (b) must  be refused,  or 
(b) if a relevant  invalidity  application  was made,  whether  the registration  of a tra de  m a rk  
must  be declared  invalid,  
but subject  to the general  modifications  specified  in paragraphs  2 and 3 and any further  
modifications  made  by regulat ions (if any)  (see paragraph  4). 
2. The modifications  mentioned  in paragraph  1 are that Articles  102a  and 102b  and 
Annex  9A are to be read as if: 
(a) in the case of a type A term,  any reference  to a type 3A designation  of origin  or 
geographical  indication  included  a reference  to a type A term;  
(b) in the case of a type B term,  any reference  to a type 3B designation  of origin  or 
geographical  indication  included  a reference  to a type B term . 
3. In addition,  Article  102b  and Annex  9A are to be read as if any reference  to Article  
102a  included  a reference  to that Article  as applied  by this Article.  
4. The Secretary  of State  may,  by regulations,  make  such  further  modifications  to 
Article  102a  or 102b  or Annex  9A as the Secretary  of State  considers  necessary  for the 
purpose  of ensuring  that the relative  priorities  afforded  to designations  of origin,  
geographical  indications  and trade  marks  before  IP completion  day continue  to apply  
appropriately  during  the protection  period( c). 
5. For the purposes  of this Article:  
‘relevant  invalidity  application’  means  an application  for a declaration  of invalidity  
made  under  the TMA  (as applied  by Article  102b(1)  and modified  by Article  102b(2))  
in relation  to the registration  of a trade  mark; 
‘type  A term’  means  a designation  of origin  or geographical  indication  which — 
 (i) is, immediately  before  the application  to register  a trade  mark  is accepted,  entered  
in Great  Britain’s  PDOs  and PGIs Register  under  article  102c, or 
 (ii) is not so entered  when  the application  to register  a trade mark  is accepted,  but is to 
be protected  under  bridging  arrangements  which  come  into effect  before  the 
application  to register  a trade  mark  is accepted;  
‘type  B term’  means  a designation  of origin  or geographical  indication  which  is not 
entered  in Great Britain’s  PDOs  and PGIs  Register  under  article  102c when  the relevant  
trade  mark  application  is accepted  but must  be protected  in Great Britain  pursuant  to 
bridging  arrangements  made  on or after  the day on which  the relevant  trade  mark  
application  is accepted .” 
 
(a) Articles 102a and 102b and Annex 9A are inserted by S.I. 2020/ 1637 . 
(b) “The relevant period ” is defined in Article 93(1a)(f).  
(c) See Article 228  inserted  prospectively  by S.I.  2019/831 , which insertion is amended by regulation 15(2),  for provisions 
concerning the procedural requirements associated with regulations made under Regulation (EU) No 1308/2013 .  19  SCHEDULE  3 Regulation  7 
Regulation  (EU)  No 251/2014:  new articles  19c and 19d 
“Article  19c 
Third  Country  geographical  indications  covered  by bridging  arrangements  
1. A geographical  indication  to which  paragraph  2 applies  is, for the protection  period,  
to be entered  on Great  Britain’s  GIs Register( a). 
2. This paragraph  applies  to a geographical  indication  which  relates  to a geographical  
area in a third  country  (“C”)  which:  
(a) was, immediately  before  IP completion  day, protected  in the European  Union  under  an 
EUIA( b) to which  the European  Union  and C were  contracting  parties,  and 
(b) is, before  a qualifying  international  agreement  enters  into force( c), to be protected  in 
Great  Britain  pursuant  to any written  arrangements  made  by the United  Kingdom  a nd 
C (“bridging  arrangements”).  
3. For the purposes  of this Article,  “the protection  period”,  in relation  to a geographica l  
indication,  is the period  for which:  
(a) the relev ant bridging  arrangements  have  effect,  or 
(b) if only part of the relevant  bridging  arrangements  relates  to the geographica l 
indicatio n, that part has effect.  
4. In this Article  “qualifying  international  agreement”  means  an international  
agreement  between  the United  Kingdom  and C, which  has been  initialled . 
 
Article  19d 
Transitional  provisions:  relations  between  trade  marks  and geographical  indications  
when  bridging  arrangements  are in effect  
1. Where  a geographical  indication  is entered  on Great  Britain’s  GIs Register  under  
Article  19c, Articles  19a and 19b and Annex  2A(d) apply  for the purposes  of determining:  
(a) whether  an application  to register  a trade  mark  which  was pending  before  IP 
completion  day or was made  during  the relevant  period (e), must  be refused,  or 
(b) if a relevant  invalidity  applica tion was made , whether  the registration  of a tra de  m a rk  
must  be declared  invalid,  
but subject  to the general  modifications  specified  in paragraphs  2 and 3 and any further  
modifications  made  by regulations  (if any) (see paragraph  4). 
2. The modifications  mentioned  in paragraph  1 are that Articles  19a and 19b and Annex  
2A are to be read as if: 
(a) in the case of a type A term,  any reference  to a type 1A geographical  indication  
included  a reference  to a type A term ; 
(b) in the case of a type B term,  any reference  to a type 1B designation  of origin  or 
geographical  indication  included  a reference  to a type B term.  
3. In addition,  Article 19b and Annex  2A are to be read as if any reference  to Article  
19a included  a reference  to that Article  as applied  by this Article.  
 
(a) “Great Britain’s GIs Register” is defined in Article 2(13). Point 13 of Article 2 is inserted by S.I. 2020/ 1637 . 
(b) “EUIA” is  defined  in Article 2(10). Point (10) of Article 2 is inserted by S.I. 2020/ 1637 . 
(c) “Enters in to forc e” is defined in Article 2(8). Point (8) is inserted by S.I. 2020/ 1637 . 
(d) Articles 19a and 19b and Annex 2A are inserted by S.I. 2020/ 1637 . 
(e) “The relevant period ” is defined in article 2(15). Point (15) is inserted by S.I. 2020/ 1637 .  20 4. The Secretary  of State  may,  by regulations,  make  such  further  modifications  to 
Article  19a or 19b or Annex  2A as the Secretary  of State  considers  necessary  for the 
purpose  of ensuring  that the relative  priorities  afforded  to geographical  indications  and 
trade  marks  before  IP completion  day continue  to apply  appropriately  during  the relevant  
period( a). 
5. For the purposes  of this Article:  
‘relevant  invalidity  application’  means  an application  for a declar ation  of invalidity  
made  under  the TMA  (as applied  by Article  19b(1)  and modified  by Article  19b(2))  in 
relation  to the registration  of a trade  mark ; 
‘type  A term’  means  a geographical  indication  which — 
 (i) is, immediately  before  the application  to regist er a trade  mark  is accepted,  entered  
in Great  Britain’ s GIs Register  under  Article  19c, or 
 (ii) is not so entered  when  the application  to register  a trade  mark  is accepted,  but is to 
be protected  under  bridging  arrangements  which  come  into effect  before  the 
application  to register  a trade  mark  is accepted ; 
‘type  B term’  means  a geographical  indication  which  is not entered  in the register  under  
Article  19c when  the relevant  trade  mark  application  is accepted  but must  be protected  
in Great Britain  pursuant  to bridging  arrangements  made  on or after  the day on which  
the relevant  trade  mark  application  is accepted .” 
 SCHEDULE  4 Regulation  9 
Commission  Delegated  Regulation  (EU)  2019/33:  new articles  32c and 
32d 
“Article  32c 
Third  Country  traditional  terms  covered  by bridging  arrangements  
1. A traditional  term  to which  paragraph  2 applies  is, for the protection  period,  to be 
entered  on Great  Britain’s  Traditional  Terms  Register (b). 
2. This paragraph  applies  to a traditional  term  which  relates  to a wine  sector  product  
produced  in a third  country  (“C”)  which:  
(a) was, immediately  before  IP completion  day, protected  in the European  Union  under  an 
EUIA( c) to which  the European  Union  and C were  contracting  parties,  and 
(b) is, before  a qualifying  international  agreement  enters  into force( d), to be protected  in 
Great  Britain  pursuant  to any written  arrangements  made  by the United  Kingdom  a nd 
C (“bridging  arrangements”).  
3. For the purposes  of this Article,  “the protection  period”,  in relation  to a traditional  
term,  is the period  for which:  
(a) the relevant  bridging  arrangements  have  effect,  or 
(b) if only part of the relevant  bridgi ng arrangements  relates  to the traditional  term,  that 
part has effect.  
4. In this Article  “qualifying  international  agreement”  means  an international  
agreement  between  the United  Kingdom  and C, which has been  initialled . 
 
 
(a) See Article 33 inserted prospectively by S.I.  2020/ 1637 , which  insertion is amended by regulation 16(9)(c),  for provisions 
concerning the procedur al requirements associated with regulations made under Regulation (EU) No 251/2014 . 
(b) “Great Britain’s Traditiona l Terms Register” is defined in Article 1a(m).  Article 1a is inserted by S.I. 2020/ 1637 . 
(c) “EUIA” is defined in Article 1a(k).   
(d) “Enters into force” is defined in Article 1a(i).   21 Article  32d 
Transitional  provisions:  relations  between  trade  marks  and traditional  terms  when  
bridging  arrangements  are in effect  
1. Where  a traditional  term  is entered  on Great  Britain’s  Traditional  Terms  Register  
under  Article  32c, Articles  32a and 32b and Annex  A1(a) apply  for the purposes  of 
determining:  
(a) whether  an application  to register  a trade mark  which  was pending  before  IP 
completion  day or made  during  the relevant  period (b), must  be refused,  or 
(b) if a relevant  invalidity  application  was made , whether  the registration  of a tra de  m a rk  
must  be declared  invalid,  
but subject  to the general  modifications  specified  in paragraphs  2 and 3 and any further  
modifications  made  by regulations  (if any)  (see paragraph  4). 
2. The modifications  mentioned  in paragraph  1 are that Articles  32a and 32b and Annex  
A1 are to be read as if: 
(a) in the case of a type A term,  any reference  to a type 2A traditional  term  included  a 
reference  to a type A term;  
(b) in the case of a type B term,  any reference  to a type 2B traditional  term  included  a 
reference  to a type B term . 
 
3. In addition,  Article  32b and Annex  A1 are to be read as if any reference  to Article  
32a included  a reference  to that Article  as applied  by this Article.  
4. The Secretary  of State  may,  by regulations,  make  such  further  modifications  to 
Article  32a or 32b or Annex  A1 as the Secretary  of State  considers  necessary  for the 
purpose  of ensuring  that the relative  priorities  afforded  to traditional  terms  and trade  marks  
before  IP completion  day continue  to apply  appropriately  during  the relevant  period.  
5. For the purposes  of this Article:  
‘relevant  invalidity  application’  means  an application  for a declaration  of invalidity  
made  under  the TMA  (as applied  by Article  32b(1)  and modified  by Article  32b(2))  in 
relati on to the registration  of a trade  mark ; 
‘type  A term’  means  a traditional  term  which — 
 (i) is, immediately  before  the application  to register  a trade  mark  is accepted,  entered  
in Great  Britain’s  Traditional  Terms  Register  under  Article  32c, or 
 (ii) is not so entered  when  the application  to register  a trade  mark  is accepted,  but is to 
be protecte d under  bridging  arrangements  which  come  into effect  before  the 
application  to register  a trade  mark  is accepted;  
‘type  B term’  means  a traditional  term  which  is not entered  in Great  Britain’s 
Traditional  Terms  Register  under  Article  32c when  the relevant  trade  mark  applica tion  
is accepted  but must  be protected  in Great  Britain  pursuant  to bridging  arrangements  
made  on or after  the day on which  the relevant  trade  mark  application  is accepted . 
6. The power  to make  regulations  conferred  on the Secretary  of State by paragraph  4 is 
exercisable  by statutory  instrument.  
7. A statutory  instrument  containing  regulations  under  paragraph  4 may  not be made  
unless  a draft  of the instrument  has been  laid before, and approved  by a resolution  of, ea ch  
House  of Parliament.  
 
(a) Articles 32a and 32b and Annex A1 were inserted by S.I. 2020/ 1637 . 
(b) “The relevant period ” is defined in Article 1a (p).   22 8. Such  regul ations  may : 
(a) contain  supplementary,  incidental , consequential , transitional  or saving  provision  
(including  provision  amending,  repealing  or revoking  an enactment);  
(b) make  different  provision  for different  purposes . 
9. In this Article,  ‘enactment’  means : 
(a) an enactment  contained  in any Order  in Council,  order,  rules,  regulations  or other  
instrument  made  under  an Act, except  so far as it extends  to Northern  Ireland;  
(b) regulations  made  under  retained  direct  principal  EU legislation,  excep t so far as they 
extend  to Northern  Ireland;  
(c) retained  direct  minor  EU legislation,  except  so far as it extends  to Northern  Ireland. ” 
 
 SCHEDULE  5 Regulation  10 
Regulation  (EU)  2019/787:  new provisio ns 
PART  1 
New  Article  4 
“Article  4 
Definitions:  types  of geographical  indication  
In Article  36a and Annex  1A any reference  to: 
(a) ‘a type 1 geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 1 of the Types  Table;  
(b) ‘a type 2A geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 2 of the Types  Table  to which  paragraph  1 or 2 in 
column  3 of that row applies;  
(c) ‘a type 2B geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 2 of the Types  Table  to which  the provisions  in column  4 
of that row apply;  
(d) ‘a type 3A geographical  indication’  means  a geographical  indicati on of the type 
described  in column  2 of row 3 of the Types  Table  to which  paragraph  1 or 2 in 
column  3 of that row applies;  
(e) ‘a type 3B geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 3 of the Types  Tabl e to which  the provisions  in column  4 
of that row apply;  
(f) ‘a type 4A geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 4 of the Types  Table  to which  paragraph  1 or 2 in 
column  3 of row 3 of that table  applies; 
(g) ‘a type 4B geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 4 of the Types  Table  to which  the provisions  in column  4 
of row 3 of that table  apply;  
(h) ‘a type 5A geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 5 of the Types  Table  to which  paragraph  1 or 2 in 
column  3 of row 3 of that table  applies;  
(i) ‘a type 5B geographical  indication’  means  a geographical  indication  of the type 
described  in column  2 of row 5 of the Types  Table  to which  the provisions  in column  4 
of row 3 of that table  apply. ”  23 PART  2 
New  Articles  36a to 36d 
“Article  36a 
Transitional  provision:  relationsh ip between  trade  marks  and geographical  
indications  
1. Unless  paragraph  4 applies,  an application  to register  a trade  mark  that was pending  
immediately  before  IP completion  day or made  during  the relevant  period  must  be ref used  
where,  if the trade  mark  is registered,  the use of the trade  mark  will contravene  Article  
21(2)  in relation  to a category  A geographical  indication.  
2. Unless  paragraph  4 applies,  an application  to register  a trade  mark  that was pending  
immediately  before  IP completion  day or made  during the relevant  period  must  be ref used  
where:  
(a) if the trade  mark  is registered,  the use of the trade  mark  will contravene  Article  21(2)  
in relation  to a category  B geographical  indication,  and 
(b) after  the application  for the trade  mark  is accepted  but before  the trade  mark  is 
registered:  
 (i) in the case of a type 2B geographical  indication:  
(aa) the international  agreement  referred  to in paragraph  (c) of colum n  2 of 
row 2 of the Types  Table  enters  into force  or the bridging  arrangements  
referred  to in that column  are made , and 
(bb) the entry  into force  of the international  agreement  or the making  of the 
bridging  arrangements  is brought  to the attention  of the registrar  before  
the trade  mark  is registered ; 
 (ii) in the case of any other  category  B geographical  indication:  
(aa) the Secretary  of State  publishes  an Article  30(5)  approval  notice  
relating  to the geographical  indication,  and 
(bb) the Article  30(5)  approval  notice  is brought  to the attention  of the 
registrar  before  the trade  mark  is registere d. 
3. Where  an application  for a declaration  of invalidity  is made  under  the TMA  (as 
applied  by Article  36b(1)  and modified  by Article  36b(2))  in relation  to the registration  of a 
trade  mark,  the registration  of the trade  mark  must  be declared  to be invali d, unless  
paragraph  4 applies,  if: 
(a) the application  to register  the trade  mark  was pending  immediately  before  IP 
completion  day or made  during  the relevant  period,  
(b) the use of the trade  mark  contravenes,  or will, if used,  contravene,  Article  21(2)  in 
relation  to a category  B geographical  indication,  and 
(c) in the case of a type 3B, 4B or 5B geographical  indication,  the Secretary  of State  
publishes  an Article  30(5)  approval  notice  relating  to the geographical  indication  on or 
after  the day on which  the trade  mark  application  is accepted.  
4. This paragraph  applies  where  a column  5 date applies  in relation  to the category  A or 
B geographical  indication  and, taking  account  of any priority  claimed  in respect  of an 
application  to register  the trade  mark  referred  to in paragraph  1, 2 or 3(a) (as releva nt)  a nd 
on the basis  of the information  available  to the registrar,  it appears  to the registrar  that the 
date of filing  of the trade  mark  application  is earlier  than  the column  5 date that applies  to 
the relevan t geographical  indication.  
5. As regards  paragraphs  1 and 2, a column  5 date does  not apply  in relation  to a type  
2A, 3A or 4A geographical  indication,  in the case of paragraph  1, or in relation  to a type 
2B, 3B or 4B geographical  indication,  in the case of paragraph  2, where  the EUIA  referred  
to in paragraph  (b) in column  2 of the row of the Types  Table  relating  to the geographical   24 indication  provides  that an application  for a trade  mark  must  be refused,  regardless  of when  
that application  is made , if the trade  mark,  if registered,  will contravene  a provision  in the 
EUIA  providing  for the protection  of the use of the geographical  indication . 
6. As regards  paragraph  3, a column  5 date does  not apply  in relation  to a type  2B, 3B 
or 4B geographical  indication  where  the EUIA  referred  to in paragraph  (b) in column  2 of 
the row of the Types  Table  relating  to the geographical  indication  provides  that the 
registration  of a trade  mark  must  be invalidated  if, regardless  of when  the application  that 
resulted  in the registration  of the trade  mark  is made , the use of the trade  mark  contravenes  
a provision  in the EUIA  providing  for the protection  of the use of the geographical  
indication.  
7. Where  a geographical  indication  falls within  the definition  of more  than  one type  of 
geographical  indication  in Article  4, the column  5 date to be taken  into account  for the 
purpose  of paragraph  4 is the earliest  of the column  5 dates  for the relevant  types  of 
geographical  indication.  
8. In a case of a category  A or B geographical  indic ation  that is not on Great  Britain’s  
GIs Register  at the time an assessment  is carried  out under  paragraph  1, 2 or 3, the 
geographical  indication  is to be treated,  for the purpose  of the assessment,  as being  a 
geographical  indication  protected  under  this Regulation  in determining  whether  the use of 
the trade  mark  will contravene  Article  21(2)  in relation  to that geographical  indication.  
9. A trade  mark  that could  be used  in the United  Kingdom  under  Article  36(2)  of EU 
Regulation  2019/787  immediately  before  IP completion  day may  continue  to be used  in 
Great  Britain  on and after  IP completion  day:  
(a) notwithstanding  that the use of the trade  mark  would  contravene  Article  21(2)  of this 
Regulation  in relation  to a geographical  indication  registered  by the Secre tary of Sta te  
under  this Regulation;  
(b) provided  that no grounds  for the invalidation  or revocation  of the trade  ma rk  exist  in, 
or under,  the TMA.  
10. Nothing  in this Regulation  prevents  a trade  mark  that could  be renewed  in the United  
Kingdom  pursuant  to Article  36(2)  of EU Regulation  2019/787  immediately  before  IP 
completion  day from  being  renewed  after  IP completion  day:  
(a) notwithstanding  that the use of the renewed  trade  mark  would  contravene  Article  21(2)  
in Great  Britain  in relation  to a geographic al indication  registered  by the Secretary  of 
State  under  this Regulation;  
(b) provided  that no grounds  for the invalidation  or revocation  of the trade  ma rk  exist  in, 
or under,  the TMA.  
11. Where  paragraph  9 or 10 applies  to the use or renewal  of a trade  mark, this does  not 
affect  the use of: 
(a) a geographical  indication  entered  on Great  Britain’s  GIs Register  by the Secretary  of 
State  following  a decision  by the Secretary  of State  to approve  an application  made  
under  Article  24; 
(b) a geographical  indicati on entered  on Great  Britain’s  GIs Register  by the Secretary  of 
State  under  Article  33(3)  or Article  36c(1) ; 
(c) an established  geographical  indication  entered  on Great  Britain’s  GIs Register  pursuant  
to Article  37(1).  
12. In this Article:  
(a) ‘a category  A geographical  indication’  means  a type 1, 2A, 3A, 4A or 5A geographica l  
indication;  
(b) ‘a category  B geographical  indication’  means  a type 2B, 3B, 4B or 5B geographical  
indication;   25 (c) ‘column  5 date’,  in relation  to a geographical  indication  that is a category  A or B 
geographical  indication,  means  the date specified,  or provided  for, in column  5 of the 
Types  Table  in the row relating  to the relevant  type of geographical  indication;  
(d) ‘date  of filing’:  
 (i) in the case of an EUTM -based  trade  mark  applica tion, means  the filing  date 
referred  to in paragraph  25(2)(a)(i)  of Schedule  2A to the TMA( a) for the existing  
EUTM  application;  
 (ii) in the case of an ITM -based  trade  mark  application , means:  
(aa) in the case of an application  for the registration  of a trade mark  to 
which  paragraph  28 of Schedule  2B to the TMA( b) applies,  the date 
referred  to in paragraph  28(2)(a)  of that Schedule  for the existing  I TM  
application  or existing  request  for EU extension  (as the case may  be); 
(bb) in the case of an application  for the registration  of a trade  mark  to 
which  paragraph  29 of Schedule  2B to the TMA  applies,  the date 
referred  to in paragraph  29(2)(a)  of that Schedule  for the existing  I TM  
application  or existing  request  for EU extension  (as the case may  be); 
 (iii) in any other  case,  has the meaning  given  by section  33 of the TMA;  
(e) ‘EUTM -based  trade  mark  application’  means  an application  to register  a trade  mark  to 
which  paragraph  25(1)  of Schedule  2A to the TMA  applies  that is made  within  the 
period  specified  in paragraph  25(2)  of that Schedule;  
(f) ‘existing  EUTM  application’  has the same  meaning  as in paragraph  24 of Schedule  2A 
to the TMA;  
(g) ‘existing  ITM  application’  has the same  meaning  as in paragraph  27(1)(a)  of Schedule  
2B to the TMA;  
(h) ‘existing  request  for EU extension’  has the same  meaning  as in paragraph  27(1)(b)  of 
Schedule  2B to the TMA;  
(i) ‘ITM -based  trade  mark  application’  means  an application  to register  a trade  mark  to 
which  paragraph  28(1)  or 29(1)  of Schedule  2B to the TMA  applies  that is mad e within  
the period  specified  in paragraph  28(1)(c)  or 29(1)(c)  (as the case may  be) of that 
Schedule;  
(j) ‘the registrar’  has the meaning  given  by section  62 of the TMA.  
13. Any reference  in this Article  to: 
(a) ‘priority  claimed  in respect  of an applicat ion’:  
 (i) in the case of an EUTM -based  trade  mark  application,  means  any priority  claimed  
in respect  of the existing  EUTM  application  referred  to in paragraph  25(2)(a)(ii)  
of Schedule  2A to the TMA;  
 (ii) in the case of an ITM -based  trade  mark  application , means  any priority  claimed  in 
respect  of the existing  ITM  application  or the existing  request  for EU extension  
referred  to in paragraph  28(2)(b)  or 29(2)(b)  (as the case may  be) of Schedule  2B 
to the TMA;  
 (iii) in any other  case,  means  any priority  claimed in respect  of the application  
pursuant  to section  35 of the TMA;  
(b) an application  to register  a trade  mark  that was ‘pending  immediately  before  IP 
completion  day’  is a reference  to an application  that was neither  refused,  nor resulted  
in the registra tion of the trade  mark  that is the subject  of the application,  before  IP 
completion  day;  
(c) a trade  mark  includes  a reference  to: 
 
(a) Schedule 2A is prospectively inserted in the Trade Marks Act 1994 by S.I. 2019/269.  
(b) Schedule 2B is prospectively inserted in the Trade Marks Act 1994 by S.I. 2019/638.   26  (i) a collective  mark  as defined  in section  49(1)  of the TMA( a); 
 (ii) a certification  mark  as defined  in section  50(1)  of the TMA( b). 
Article  36b 
Application  and modification  of trade  mark  provisions  
1. For the purpose  of Article  36a, the following  provisions  of the TMA  apply,  with the 
modifications,  in the case of sections  47(3)  and (5), 74(1),  76(1)  and 77(1),  specified  in 
paragraph  2: 
(a) subsections  (3) to (5) and (6) of section  47 (invalidation  of trade  marks)  in relation  to 
an application  to invalidate  a trade  mark  referred  to in Article  36a(3);  
(b) section  72 (registration  to be prima  face evidence  of validity);  
(c) section 73 (certificate  of validity  of contested  application);  
(d) section  74 (registrar’s  appearance  in proceedings  involving  the register  of trade  
marks);  
(e) section  75(c) (definition  of ‘the court’);  
(f) section  76(d) (appeals)  except  for subsection  (5); 
(g) section  77(1)  (persons  appointed  to hear and determine  appeals).  
2. The modifications  are: 
(a) section  47 applies  as if: 
 (i) in subsection  (3), in the words  before  paragraph  (a), after  ‘invalidity’  there  were  
inserted  ‘made  under  this section,  as appli ed by Article  36b(1)  of Regulation  (EU)  
2019/787  of the European  Parliament  and of the Council  on the definition,  
description,  presentation  and labelling  of spirit  drinks,  the use of the names  of 
spirit  drinks in the presentation  and labelling  of other  foodstuffs,  the protection  of 
geographical  indications  for spirit  drinks,  the use of ethyl  alcohol  and distillates  of 
agricultural  origin  in alcoholic  beverages,’;  
 (ii) in subsection  (5), for ‘grounds  of invalidity’  there  were  substituted  ‘ground  for 
invalid ity specified  in Article  36a(3)  of Regulation  (EU)  2019/787  of the 
European  Parliament  and of the Council  exists’;  
(b) section  74(1)  applies  as if, for the words  from  ‘for’ to ‘the registrar’  there  were  
substituted  ‘for a declaration  of the invalidity  of the registration  of a trade  mark,  the 
registrar’;  
(c) section  76(1)  applies  as if: 
 (i) in the first paragraph,  for the words  from  ‘under’  to the end there  were  substituted  
‘made  under  Article  36a(3)  of Regulation  (EU)  2019/787  of the European  
Parliament  and of the Council’;  
 (ii) the second  paragraph  were  omitted;  
(d) section  77(1)  applies  as if, at the end there  were inserted  ‘as applied  by Article  36b(1) 
of Regulation  (EU)  2019/787  of the European  Parliament  and of the Council’.  
3. In the case of the following  proceedings,  the rules  made  under  section  68 or 69 of the 
TMA  apply  to those  proceedings  as they apply  to proceedings  involving  an application  of 
the type referred  to in section  74(1)(b)  of the TMA:  
(a) an application  to invalidate  a trade  mark  refer red to in Article  36a(3);  
 
(a) Section 49(1) was su bstituted by S.I. 2018/825.  
(b) Section 50(1) was amended by S.I. 2018/825.  
(c) Section 75 was amended by the Crime and Courts Act 2013 (c. 22), Schedule 9, paragraph 134, S.I. 2005/587 . 
(d) Section 76(6) was inserted by S.I. 2005/587.   27 (b) an appeal  to an appointed  person  from  a decision  of the registrar  in relation  to an 
application  referred  to in paragraph  (a). 
 
 
Article  36c 
Third  Country  geographical  indications  covered  by bridging  arrangements  
1. A geographi cal indication  to which  paragraph  2 applies  is, for the protection  period,  
to be entered  on Great  Britain’s  GIs Register (a). 
2. This paragraph  applies  to a geographical  indication  which  relates  to a geographical  
area in a third  country  (“C”)  which:  
(a) was, immediately  before  IP completion  day, protected  in the European  Union  under  an 
EUIA (b) to which  the European  Union  and C were  contracting  parties,  and 
(b) is, before  a qualifying  international  agreement  enters  into force( c), to be protected  in 
Great  Britain pursuant  to any written  arrangements  made  by the United  Kingdom  a nd 
C (“bridging  arrangements”).  
3. For the purposes  of this Article,  “the protection  period”,  in relation  to a geographica l  
indication,  is the period  for which:  
(a) the relevant  bridging  arrangements  have  effect,  or 
(b) if only part of the relevant  bridging  arrangements  relates to the geographical  
indication,  that part has effect.  
4. In this Article  “qualifying  international  agreement”  means  an international  
agreement  between  the United  Kingdom  and C, which  has been  initialled . 
 
Article  36d 
Transitional  provisions:  relations  between  trade  marks  and geographical  indications  
when  bridging  arrangements  are in effect  
1. Where  a geographical  indication  is treated  as entered  on Great  Britain’s  GIs Register  
under  Article  36c, Articles  36a and 36b and Annex  1A(d) apply  for the purposes  of 
determining:  
(a) whether  an application  to register  a trade  mark  which  was pending  before  IP 
completion  day or made  during  the relevant  period (e), must  be refused,  or 
(b) if a relevant  invalidity  application  was made , whether  the registration  of a tra de  m a rk  
must  be declared  invalid,  
but subje ct to the general  modifications  specified  in paragraphs  2 and 3 and any further  
modifications  made  by regulations  (if any)  (see paragraph  4). 
2. The modifications  mentioned  in paragraph  1 are that Articles  36a and 36b and Annex  
1A are to be read as if: 
(a) in the case of a type A term,  any reference  to a type 2A geographi cal indication  
included  a reference  to a type A term; 
(b) in the case of a type B term , any reference  to a type 2B geographical  indication  
included  a reference  to a type B term . 
 
(a) “Great Britain’s  GIs Register” is defined in Article 3(13). Point (13) was inserted by S.I. 2020 /1637 . 
(b) “EUIA” is defined in Article 3 (10a). Point 10(a) is inserted by regulation 10(2)(b).  
(c) “Enters into force” is defined in Article 3(9f). Point (9f) is inserted by regulation 10(2)(a).  
(d) Articles 36a and 36b and Annex 1A are inserted by S.I . 2019/1366.  
(e) “The relevant period” is defined in Article 3(14a). Point (14a) is inserted by regulation 10(2)(c).   28 3. In addition,  Article  36b and Annex  1A are to be read as if any reference  to Article  
36a included  a reference  to that Article  as appli ed by this Article.  
4. The Secretary  of State  may,  by regulations,  make  such  further  modifications  to 
Article  36a or 36b or Annex  1A as the Secretary  of State  considers  necessary  for the 
purpose  of ensuring  that the relative  priorities  afforded  to geograph ical indications  and 
trade  marks  before  IP completion  day continue  to apply  appropriately  during  the relevant  
period( a). 
5. In this Article:  
‘relevant  invalidity  application’  means  an application  for a declaration  of invalidity  
made  under  the TMA  (as appli ed by Article  36b(1)  and modified  by Article  36b(2))  in 
relation  to the registration  of a trade  mark ; 
‘type  A term’  means  a geographical  indication  which — 
 (i) is, immediately  before  the application  to register  a trade  mark  is accepted,  entered  
in Great  Britain’s  GIs Register  under  Article 36c, or 
 (ii) is not so entered  when  the application  to register  a trade  mark  is accepted,  but is to 
be protected  under  bridging  arrangements  which  come  into effect  before  the 
application  to register  a trade  mark  is accep ted; 
‘type  B term’  means  a geographical  indication  which  is not entered  in Great  Britain’s  
GIs Register  under  Article  36c when  the relevant  trade  mark  application  is accepted  but 
must  be protected  in Great Britain  pursuant  to bridging  arrangements  made  on or a f ter  
the day on which  the relevant  trade  mark  application  is accepted .” 
 
PART  3 
New  Annex  1A 
“ANNEX  1A 
TYPES  OF GEOGRAPHICAL  INDICATION  TO WHICH  
ARTICLE  36A APPLIES  
PART  1 
Interpretation  
1. In the table  in Part 3: 
(a) ‘the paragraph  1 trade  mark  application’  means  the application  to register  a trade  ma rk  
referred  to in Article  36a(1);  
(b) ‘the relevant  pre-IP completion  day legislation’  means:  
 (i) in the case of an application  to register  a geogra phical  indication  submitted  to the 
European  Commission  under  EU Regulation  110/2008,  Article  17 of that 
Regulation;  
 (ii) in the case of an application  to register  a geographical  indication  submitted  to the 
European  Commission  under  EU Regulation  2019/787,  Article  24 of that 
Regulation;  
 
(a) See Article 46 inserted prospectively by S.I.  2020/ 1637 , which insertion is amended by regulation 16(6), for provisions 
concerning the procedural requirements associated with regulations made under Regulation (EU) 2019/787.   29 (c) ‘the relevant  trade  mark  application’  means  the application  to register  a trade  mark  
referred  to in Article  36a(2)  or (3)(a),  as relevant;  
(d) ‘the relevant  EUIA -based  date’  means  the date determined  in accordance  with Part 2. 
PART  2 
The relevant  EUIA -based  date 
2. In the table  in Part 3, in a case where  the relevant  EUIA -based  date applies,  the 
relevant  EUIA -based  date means:  
(a) the date provided  for in paragraph  3, or 
(b) where  paragraph  3 does  not apply,  the date prov ided for in the relevant  point  of 
paragraph  4, or paragraph  5, as relevant  to the geographical  indication.  
3. In a case where  the EUIA  referred  to in paragraph  (b) in column  2 of the row of the 
Types  Table  relating  to a geographical  indication  contained  priority  provisions  that applied  
to the geographical  indication,  the relevant  EUIA -based  date is the priority  date provided  
for in the EUIA  that applied  to that geographical  indication.  
4. In a case of a type 2A, 2B, 3A or 3B geographical  indication  to which  paragraph  3 
does  not apply,  the relevant  EUIA -based  date is: 
(a) in a case where  the geographical  indication  was protected  in the European  Union  
immediately  before  IP completion  day pursuant  to an amendment  m ade  to the EUI A  
(without  the need  for further  action  to be taken  under  the EUIA),  the date on which  the 
amendment  entered  into force;  
(b) in a case where  the geographical  indication  was protected  in the European  Union  
immediately  before  IP completion  day pursuant  to a provision  in the EUIA  that was 
provisionally  applied  before  IP completion  day (without  the need  for further  a ction  to 
be taken  under  the EUIA),  the date on which  the provision  was provisionally  applied;  
(c) in a case where  the geographical  indication  was protected  in the European  Union  
imm ediately  before  IP completion  day pursuant  to an amendment  m ade  to the EUI A  
that was provisionally  applied  before  IP completion  day (without  the need  for further  
action  to be taken  under  the EUIA),  the date on which  the amendment  was 
provisionally  applied;  
(d) in a case where  the geographical  indication  was protected  in the European  Union  
immediately  before  IP completion  day following  the submission  and processing  of a 
request,  or application,  for protection  or assessment  (however  described)  under  a 
provisi on in the EUIA  providing  for such  requests,  or applications,  the date on which  
the request,  or application,  for protection  or assessment  was submitted  under  the 
EUIA;  
(e) in any other  case,  including  a case where  the geographical  indication  was protected  in 
the European  Union  immediately  before  IP completion  day pursuant  to provisions  in 
the EUIA  that applied  from  the date that the EUIA  entered  into force  (without  the need  
for further  action  to be taken  under  the EUIA),  the date on which  the relevant  EUIA  
entered  into force.  
5. In a case of a type 4A or 4B geographical  indication  to which  paragraph  3 does  not 
apply  and for which  a request,  or application,  for protection  or assessment  (however  
described)  was submitted  before  IP completion  day in accordance  with provisions  in the 
EUIA,  the relevant  EUIA -based  date is the date on which  the request,  or application,  for 
protection  or assessment  was submitted  in accordance  with the EUIA.  
6. Any reference  in this Part to:  30 (a) ‘the priority  date’  means  the date provi ded for in priority  provisions  in an EUIA  as the 
date that must  be taken  into account  when  determining  whether  an application  for a 
trade  mark  may be granted,  including:  
 (i) a calendar  date specified  in the EUIA;  
 (ii) a date relating  to the happening  of a specified  event;  
(b) ‘priority  provisions’  means  provisions  in an EUIA  that governed  the relationship  
between  trade  marks  and geographical  indications  that provided  (however  expressed):  
 (i) that,  in the circumstances  specified  in the EUIA,  an applicatio n for a trade  mark  
must  be refused  if the application  for the trade  mark  was made  after  a date 
provided  for in the EUIA,  
 (ii) that,  in the circumstances  specified  in the EUIA,  the registration  of a trade  mark  
must  be invalidated  if the application  that resulted  in the registration  of that tra de  
mark  was made  after  a date provided  for in the EUIA,  or 
 (iii) for both  the refusal  of applications  for trade  marks,  and the invalidation  of the 
registration  of trade  marks,  as provided  for in points  (i) and (ii); 
(c) ‘without  the need  for further  action  to be taken  under  the EUIA’,  in relation  to a 
geographical  indication  protected  in the European  Union  immediately  before  IP 
completion  day pursuant  to an EUIA,  means:  
 (i) that the provisions  in the EUIA  providing  for the geographical  indication  to be 
protected  in the European  Union  did not require  a request  or application  (however  
described)  to be submitted  by the contracting  third  country  under  the EUIA  in 
relation  to the protection  of the geographical  indication,  or 
 (ii) require  an assessment  to be carried  out under  the EUIA  in relation  to the 
geographical  indication.  
PART  3 
Types  of geographical  indication  (the Types  Table) 31  
Column  1 
Row No. Column  2 
Description  of the 
geographical  indication  Column  3 
Type  A provi sions  Column  4 
Type  B provisions  Column  5 
The column  5 date 
1. An established  geographical  
indication.  Not applicable.  Not applicable.  1. In a case where  the 
geographical  indication  was 
listed  in Annex  2 to Council  
Regulation  (EEC)  No 
1576/89  laying  down  general  
rules  on the definition,  
description  and presentation  
of spirit  drinks  before  1st 
January  1996,  1st January  
1996.  
2. In a case where  the 
geographical  indication  was 
added  to Annex  2 to 
Regulation  (EEC)  No 
1576/89  on or after  1st 
January  1996,  the date on 
which  the entry  adding  that 
geographical  indication  to 
Annex  2 first applies.  
3. In a case where  the 
geographical  indication  was 
not listed  in Annex  2 to 
Regulation  (EEC)  No 
1576/89  but was listed  in 
Annex  3 to EU Regulation  
110/2008  before  IP 
compl etion  day:  
(a) where  it was listed  in 
Annex  3 to EU Regulation   32 Column  1 
Row No. Column  2 
Description  of the 
geographical  indication  Column  3 
Type  A provi sions  Column  4 
Type  B provisions  Column  5 
The column  5 date 
110/2008  when  that 
Regulation  came  into force,  
20th  May  2008;  
(b) where  it was not listed  in 
Annex  3 to EU Regulation  
110/2008  when  that 
Regulation  came  into force,  
the date on which  the entry  
adding  the geographical  
indication  to Annex  3 to EU 
Regulation  110/2008  first 
applies.  
4. In a case where  the 
geographical  indication  was 
not listed  in Annex  2 to 
Regulation  (EEC)  No 
1576/89  or Annex  3 to EU 
Regulation  110/2008  but for 
which  an application  for the 
geographical  indication  was 
submitted  to the European  
Commission  under  the 
relevant  pre-IP completion  
day legislation  before  IP 
completi on day, the date on 
which  that application  was 
submitted  to the 
Commission.  
2. A geographical  indication  
that:  1. A geographical  indication  
that is on Great  Britain’s  GIs A geograph ical indication  
that is not on Great  Britain’s  The relevant  EUIA -based  
date that applies  to the  33 Column  1 
Row No. Column  2 
Description  of the 
geographical  indication  Column  3 
Type  A provi sions  Column  4 
Type  B provisions  Column  5 
The column  5 date 
(a) relates  to a geographical  
area in a third  country,  
(b) was protected  in the 
European  Union  immediatel y  
before  IP completion  day 
pursuant  to an EUIA  to 
which  the European  Union  
and the third  country  were  
contracting  parties,  and 
(c)must  be protected  in Great  
Britain  pursuant  to— 
(i) an international  agreement  
to which  the United  
Kingdom  and the third  
country  are contracting  
parties  that enters  into force,  
or 
(ii) bridging  arrangements  
between  the United  Kingdom  
and the third  country  made , 
during  the relevant  period . Register  before  the day on 
which  the paragraph  1 trade  
mark  application  is accepted  
or refused  and is entered  on 
that register  pursuant  to 
Article  33(3)  or Article  
36c(1). 
2. A geogr aphical  indication  
that is not on Great  Britain’s  
GIs Register  before  the day 
on which  the paragraph  1 
trade  mark  application  is 
accepted  or refused  but must  
be protected  in Great  Britain  
pursuant  to— 
(i) an international  agreement  
to which  the United  
King dom  and the third  
country  are contracting  
parties  that enters  into force , 
or 
(ii) bridging  arrangements  
between  the United  Kingdom  
and the third  country  made , 
before  the day on which  the 
paragraph  1 trade  mark  
application  is accepted  or 
refused.  GIs Register  when  the 
relevant  trade  mark  
application  is accepted  but 
must  be protected  in Great  
Britain  pursu ant to— 
(i) an international  agreement  
to which  the United  
Kingdom  and the third  
country  are contra cting  
parties  that enters  into force,  
or 
(ii) bridging  arrangements  
between  the United  Kingdom  
and the third  country  made,  
on or after  the date on which  
the relevant  trade  mark  
application  is accepted . geogr aphical  indication  in 
relation  to the EUIA  referred  
to in point  (b) of column  2. 
3. A geographical  indication  
that:  1. A geographical  indication  
that is on Great  Britain’s  GIs A geographical  indication:  
(a) that is not on Great  The relevant  EUIA -based  
date that applies  to the  34 Column  1 
Row No. Column  2 
Description  of the 
geographical  indication  Column  3 
Type  A provi sions  Column  4 
Type  B provisions  Column  5 
The column  5 date 
(a) relates  to a geographical  
area in a third  country,  and 
(b) was protected  in the 
European  Union  immediatel y  
before  IP completion  day 
pursuant  to an EUIA  to 
which  the European  Union  
and the third  country  were  
contracting  parties.  Register  before  the day on 
which  the paragraph  1 trade  
mark  application  is accepted  
or refused  and is entered  on 
that register  following  the 
approval  of an application  to 
register  the geographical  
indication  submitted  to the 
Secretary  of State  under  
Article  24(8)  during  the 
relevant  period.  
2. A geographical  indication:  
(a) that is not on Great  
Britain’s  GIs Register  before  
the day on which  the 
paragraph  1 trade  mark  
application  is accepted  or 
refused,  
(b) for which  an application  
to register  the geographical  
indication  is submitted  to the 
Secretary  of State  under  
Article  24(8)  during  the 
relevant  period,  and 
(c) for which  an Article  30(5 ) 
approval  notice  relating  to 
the application  is published  
before  the day on which  the 
paragraph  1 trade  mark  
application  is accepted  or Britain’s  GIs Register  when  
the relevant  trade  mark  
application  is accepted,  and 
(b) for which  an application  
to register  the geographical  
indication  is submitted  to the 
Secretary  of State  under  
Article  24(8)  during  the 
relevant  period  and that 
application:  
(i) is not submitted  befo re the 
relevant  trade  mark  
application  is accepted , or 
(ii) is submitted  before  the 
relevant  trade  mark  
application  is accepted  but 
for which  an Article  30(5)  
notice  relating  to the 
application  to register  the 
geographical  indication  is not 
published  befor e the relevant  
trade  mark  application  is 
accepted . geographical  indication  in 
relation  to the EUIA  referred  
to in point  (b) of column  2.  35 Column  1 
Row No. Column  2 
Description  of the 
geographical  indication  Column  3 
Type  A provi sions  Column  4 
Type  B provisions  Column  5 
The column  5 date 
refused.  
4. A geographical  indication:  
(a) that relates  to a 
geographical  area in a third  
country,  
(b) for which  an assessment  
relating  to the protection  of 
the geographical  indication  
was being  carried  out, or a 
request  for protection,  or an 
application  for assessment  
for protection,  was 
submitted,  before  IP 
completion  day in respe ct of 
the geographical  indication  
under  an EUIA,  and 
(c) for which  no decision  was 
made  pursuant  to the EUIA  
before  IP completion  day as 
to whether  the geographical  
indication  should  be 
protected  in the European  
Union.  See the entry  in row 3 of this 
column . See the entry  in row 3 of this 
column.  The relevant  EUIA -based  
date that applies  to the 
geographical  indication  in 
relation  to the EUIA  referred  
to in point  (b) of column  2. 
5. A geographical  indication:  
(a) that relates  to a 
geographical  area in a third 
country,  and 
(b) for which  an application  
to register  the geographical  
indication  was submitted  to See the entry  in row 3 of this 
column.  See the entry  in row 3 of this 
column.  The date on which  the 
application  referred  to in 
point  (b) in column  2 was 
submitted  to the European  
Commission  under  the 
relevant  pre-IP completion  
day legislation. ”  36 Column  1 
Row No. Column  2 
Description  of the 
geographical  indication  Column  3 
Type  A provi sions  Column  4 
Type  B provisions  Column  5 
The column  5 date 
the European  Commission  
under  Article  17 of EU 
Regulation  110/2008  or 
Article  24(4),  (7) or (8) of 
EU Regulation  2019/787  
before  IP completion  day— 
i) that was neither  refused  
nor resulted  in the addition  of 
the geographical  indication  to 
Annex  3 to EU Regulation  
110/2008 , and 
ii) for which  neither  an act of 
registration  nor a decision  on 
rejection  made  under  Article  
30 of EU Regulati on 
2019/787  applies , before IP 
completion  day. 
 
  37  
 
 
 
EXPLANATORY  NOTE  
(This  note is not part of the Regulations)  
These  Regulations  are made  in exercise  of the powers  conferred  by the European  Union  
(Withdrawal)  Act 2018  (c. 16) in order  to address  failures  of retained  EU law to operate  
effectively  and other  deficiencies  (in particular  under  section  8(2)(a),  (c) and (e)) arising  from  the 
withdrawal  of the United  Kingdom  from  the European  Union.  
These  Regulations  make  amendments  to legislation  relating  to— 
(a) agricul tural  products  and foodstuffs;  
(b) aromatised  wines  
(c) spirit  drinks;  
(d) wine.  
Part 2 and the Schedules  amend  retained  direct  EU legislation  relating  to those  products . 
Part 3 amends  domestic  legislation  relating  to those  products  and to trade  marks  and organic  
prod ucts,  amending  provisions  in subordinate  legislation  that were  included  to address  failures  of 
retained  EU law to operate  effectively  and other  deficiencies  arising  from  the withdrawal  of the 
United  Kingdom  from  the European  Union,  including  amendments  which update  previous  
amendments  to take account  of the transition  period . 
An impact  assessment  has not been  produced  for this instrument  as no, or no significant,  impact  
on the private  or voluntary  sector  is foreseen.  
 
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