RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.10
26 March 1999
(99-1042)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal: English/
French/
Spanish
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Responses to the Checklist of Questions1
Addendum
The Secretariat has received the following responses from the Permanent Delegation of the
European Commission in a communication dated 26 November 1998.
          Page
European Communities   2
Austria  21Belgium
* 29
Denmark  44Finland
* 52
France  59Germany  72Italy  95Netherlands
*103
Spain 114Sweden 132United Kingdom 141
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.
*  Responses to the questions in document IP/C/13 only.IP/C/W/117/Add.10
Page 2
Responses from the European Communities
INTRODUCTORY REMARK
In general, Member States' replies focus on national law.  The responses by the Community
mainly cover European Community law, which includes Regulations directly applicable in Member
States.
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
Wines and spirits
At Community level the recognition of a geographical indication for wines requires its
recognition by the Producer Member State as well as registration and publication in the OfficialJournal of the European Communities (Article 1, paragraph 3 of Regulation No. 823/87; Article 72,
paragraph 2 of Regulation (EEC) No. 822/87; and Article 2, paragraph 3, point (i) of Regulation
(EEC) No. 2392/89).  This system provides protection ex officio.
In addition, Council Regulation (EEC) No. 823/ 87 lays down the conditions which must be
respected by Member States for the recognition of quality wines produced in specified regions (quality
wines PSR = produced in specified regions).  The prov isions of the Regulation concern, in particular, the
following:  demarcation of the area of production; vi ne varieties; minimum alcohol content; yield per
hectare; analysis and assessment of organoleptic charac teristics, etc. (Article 2).  Member States adopt
the specific provisions and recognize the geographi cal indications of the wines produced in their
territory (Article 3.1).  The Commission is responsible for the publication of all the geographical
indications recognized by the Member States.
Council Regulation (EC) No. 3290/94, Annex XVI, modifies Council Regulation (EEC)
No. 822/87, which establishes a common market organi zation for wine, by adding Article 72a, which
implements Article 23.1 of the TRIPS Agreement.
For spirit drinks and aromatized wines, Ar ticle 5 of Council Regulation (EEC) No. 1576/89 and
Article 6 of Council Regulation (EEC) No. 1601/91 resp ectively lay down the rules concerning the use
of geographical indications in relation to spirit drin ks or aromatized wines from the Community, the list
of which is contained in annexes to these Regulations.
Regulation (EC) No. 3378/94 has modified the pr ovisions concerning spirits and aromatized
wines.  It modifies the above-mentioned Re gulation No. 1601/91, which lays down rules for the
definition, description and presentation of aromatized  wines, by adding Article 10a, which implements
Article 23.1 of the TRIPS Agreement.  It also m odifies the above-menti oned Regulation No. 1576/89 on
the description and presentation of spirit drinks, by adding an Article 11a, implementing Article 23.1 ofthe TRIPS Agreement in respect of spirits.IP/C/W/117/Add.10
Page 3
In the context of the implementation of the WTO Agreement, Council Regulation (EC)
No. 3288/94 has amended Council Regulation (EC) No. 40/94, on the Community trademark.  In
particular, to Article 7(1) of Regulation No. 40/94, which lays down the absolute grounds for refusal of
the registration of a trademark, a paragraph is added to the effect that geographical indications for wines
and spirits shall be refused registration if the wines and spirits do not have that origin.
Concerning wines, the general rule is contai ned in Article 40, paragraph 1, first indent of
Council Regulation (EEC) No. 2392/89, which envisages th at the description and presentation of wines
and grape musts, and any form of advertising for su ch products, must not be incorrect or likely to cause
confusion or to mislead the persons to whom they  are addressed as regards, among other things,
geographical indications.  This provis ion shall apply even if the indicati on is used in translation, or with
reference to the actual origin, or with additions su ch as "type", "style", "method", "imitation", "brand" or
the like.
Other geographical indications in relation to agricultural products and foodstuffs
Council Regulation (EEC) No. 2081/92 sets out  the procedure for the registration of
geographical indications in the Community territory.  The procedure contained in Articles 5, 6 and 7 is
as follows:
(1) A group of producers must submit a detailed application for registration to the
competent authority of the Member State, in accordance with the conditions specified
in the Regulation.
(2) If the application is considered to be in conformity with the Regulation, it shall be
referred to the Community authorities, w ho will verify that the conditions of the
Regulation have been formally satisfied and will publish the application in the Official
Journal  to allow other parties the opportunity to raise objections.
(3) If an objection is raised, the final decisi on on registration is taken by the Commission
and the Member States.
The Member States are responsible for controlling the application of the Regulation.
When a name is registered in conformity with the definitions and the procedure established in
the Regulation, it is protected ex officio (against the uses as referred to in Article 13).
In addition, Council Directive No. 79/112/EEC of 18 December 1978 (on the approximation
of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffsfor sale to the ultimate consumer) provides in Article 2(a)(i) that the labelling and methods used must
not be such as could mislead the purchaser, inter alia,  as to origin or provenance of the foodstuff.
This applies also to the presentation of foodstuffs and to advertising .
Article 2 of Directive (EEC) No. 84/450 relating to the approximation of laws, regulations and
administrative provisions of Member States concerni ng misleading advertising, provides for a definition
of misleading advertising which may result in unf air competition by reason of its deceptive nature.
Article 3 considers, in particular, any informati on it contains concerning geographical or commercial
origin as relevant criterion in determining whether advertising is misleading.  Article 4 deals with the
legal means Member States shall provide for the c ontrol of misleading adver tising in the interest of
consumers as well as competitors and the general public.IP/C/W/117/Add.10
Page 4
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
No, at Community level there exist different regimes for the protection of geographical
indications (see also the reply to question no. 1):
Wines: Regulation (EEC) No. 823/87 and No. 2392/89 laying down special
provisions relating to quality wines produced in specified regions;
Spirits: Regulation (EEC) No. 1576/89 laying down general rules on the
definition, description and presentation of spirit drinks;
Table wines: Regulation (EEC) No. 2392/89 establishing general rules for the
designation and presentation of wines and grape musts;
Regulation (EEC) No. 822/87 on the common organisation of the
market in wine;
Other agricultural products and foodstuffs:
Regulation (EEC) No. 2081/92 on the protection of geographical
indications and designations of origin for agricultural products.
In addition, Article 2 of Directive No. 79/112 applies.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
No, not at a Community level.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
The following provisions have been introduced to ensure that the protection of geographical
indications required by Article 22 and 23 of the TRIPS Agreement is correctly implemented (see also
the reply to question no. 1):
Wines : Article 72a of Regulation (EEC) No. 822/87;
2
Spirits : Article 11a of Regulation (EEC) No. 1576/89;2
Aromatised wines : Article 10a of Regulation (EEC) No. 1601/91.2
As regards other agricultural products and foodstuffs, no modification was needed for
Regulation (EEC) No. 2081/92.3
Directive No. 79/112 was likewise not modified.
                                                     
2 See document IP/N/EEC/G/2.
3 See document IP/N/EEC/G/1.IP/C/W/117/Add.10
Page 5
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
Please see the replies to the previous questions.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Wines
Champagne, Sherry, Porto, Chianti, Samo s, Rheinhessen, Moselle luxembourgeoise,
Mittelburgenland, etc...
As a first step such geographical indications are recognised at the level of a Member State.
Subsequently, they are recognised at a Community level following Article 1, paragraph 3 of
Regulation (EEC) No. 823/87.  They are protected according to Article 15, paragraph 4 of
Regulation (EEC) No. 823/87 and Article 40 of  Regulation (EEC) No. 2392/89.  They are
registered and published in the Official Journal of the European Communities No. 344,p. 110.
Spirits
Cognac, Brandy de Jerez, Grappa di Barolo, Berliner Kümmel, Genièvre Flandres Artois,
Scotch Whisky, Irish Whiskey, Tsikoudia from Crete, etc...
They are recognized by the Community pursuant to Article 5, paragraph 3 of Regulation
(EEC) No. 1576/89.  They are protected according to Article 5(3)(b) of the said Regulation.
They are registered and published in Annex II of that same Regulation.
Other products
Scottish beef, Cabrales, Roquefort, Gorgonzola, Azeite de Moura, Olive de Kalamata,
Opperdoezer Ronde, Wachauer Marille, Danablu, Lübecker Marzipan, Svecia, etc ...
 
 Registration pursuant to Article 17 of Regu lation (EEC) No. 2081/92 - simplified procedure
for names already legally protected or established by use in Member States.
 
Queijo do Pico, Coquille Saint-Jacques des Côtes-d’Armor, Jamón de Huelva,
Lammefjordsgulerod, etc ...
 
 Registration pursuant to Articles 5, 6 and 7 of Regulation (EEC) No. 2081/92 - normal
procedure.
 
 Protection and criteria required in referred Articles 2 (definitions) and 4 (specification) are the same in
both procedures.
 
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.IP/C/W/117/Add.10
Page 6
 Yes, for other agricultural products and other foodstuffs pursuant to Regulation (EEC)
No. 2081/92.  Article 13, paragraph 1(b) provides that registered names shall be protected against "any
measure, imitation or evocation, even if the true origin of the product is indicated...".
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
 Wines
 
 Quality wine produced in a specified region (PSR): "specified region" is defined as a wine-
growing area or combination of wine-growing ar eas which produces wine possessing special quality
characteristics (Article 3, paragraph 1).  It is designed by its geographical name (Article 15,
paragraph 3 of Regulation (EEC) No. 823/87).  Some exceptions are permitted and enumerated in this
Article.
 
 Table wine designated with a geographical unit which is defined as a small locality or group
of such localities, a local administrative area or part thereof, a wine-group sub-region or part thereof
or a region other than a specified region which is reserved for table wines meeting certain production
requirements, particularly as regards vine varieties, minimum natural alcoholic strength by volume
and organoleptic characteristics (Article 4, paragraphs 1 and 3 of Regulation (EEC) No. 2392/89).
Member States may make the use of a geographical ascription for designating a table wineconditional, in particular, on the wine having been produced wholly from certain clearly specified
vine varieties and coming exclusively from the territory, precisely demarcated, whose name it bears
(Article 72, paragraph 2 Regulation (EEC) No. 822/87).
 
 Spirits
 
 On a case-by-case basis as listed in Article 5(3)(b) in conjunction with Annex II of Regulation
(EEC) No. 1576/89.
 
 Other products
  
Regulation (EEC) No. 2081/92 provides in Article 2 for two definitions:
 
 "Geographical indication" means the name of a region, a specific place or, in exceptional
cases, a country, used to describe an agricultural product or a foodstuff originating in that
region, specific place or country, and which possesses a specific quality, reputation or other
characteristics attributable to that geographical origin and the production and/or processingand/or preparation of which take place in the defined geographical area.
 
 "Designation of origin" means the name of a region, a specific place or, in exceptional cases,
a country, used to describe an agricultural product or a foodstuff originating in that region,
specific place or country, and the quality or characteristics of which are essentially orexclusively due to a particular geographical environment with its inherent natural and human
factors, and the production, processing and prep aration of which take place in the defined
geographical area.
 
 Furthermore, Article 2, paragraph 3 of Regulation (EEC) No. 2081/92 provides for the
protection of certain traditional geographical or non-geographical names designating an agricultural
product or foodstuff originating in a region or a specific place which fulfil the conditions set out fordesignations of origin.IP/C/W/117/Add.10
Page 7
 
 Geographical indications and designations of origin are protected in the same way.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
 Such definitions comprise geographical indications which are directly linked to the region of
origin.  They identify products of a certain quality, notoriety or reputation which are linked to that
region of origin.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
 Quality wine
 
 Each Member State follows specific criteria subject to minimum Community rules (Article 2
of Regulation No. 823/87).
 
 At Community level it is provided that the traditional conditions of production must be taken
into account and are subject to at least the following criteria:
 
 - determination of the area of production,
 - vine varieties,
 - cultivation methods,
 - wine making methods,
 - minimum natural alcoholic strength,
 - yield per hectare,
  - analysis and assessment of organoleptic characteristics.
 
 Other products
  
For registration, every name notified by Member States to the Commission must be in
conformity with the criteria established in the de finitions (see the reply to question no. 8 above) and
specified by certain elements (name, description of the product, definition of the area, evidence of the
origin, description of the method, details bearing out the link with geographical environment or
geographical origin, details of the inspection structures, the specific labelling details and any
requirements laid down by Community and/or national provisions).
 
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
 Wines
 
 Yes.  Traditional conditions of production take into account the human creativity involved in
the making of a specific product and therefore include human factors.
 
 Other products
 
 Human factors can be one of the essential criteria provided for in Article 2 of Regulation
(EEC) No. 2081/92 which justify the registration of a name.IP/C/W/117/Add.10
Page 8
12. Are there any other intellectual property rights involved, such as patents for example?
 
 No.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
 
 Quality wine
 
 The authority lies in the competence of Member States.  However, they are obliged to respect
the definition of specified regions and the precise demarcation of these regions.
 
 Other products
  
Groups of producers applying for registration must define the specification (and geographical
region or area) notified to the Member State in question and subsequently to the Commission.
 
14. Does your legislation contain criteria for homonymous geographical indications for wines?
 
 Wines
  
Yes, the general principle for the products of the wine sector is that the geographical name
can be used only to designate products of the region to which the name had been assigned accordingto national and Community legislation (Article  15, paragraph 4 of Regulation (EEC) No. 823/87).
With respect to imported wines, paragraphs 2 and 3 of Article 29 of Regulation (EEC) No. 2392/89
apply the same general principle and provide for exceptions only in the case where the name is used
in accordance with traditional and consistent usage and on condition that its use is governed by rules
in the country concerned.  Due regard must be given to the practical risk of confusion.
 
 Other products
 
 For Member States, if the application concerns a name indicating a geographical area also
situated in another Member State, that Member State shall be consulted before any decision is taken
(Article 5, paragraph 5 of Regulation (EEC) No. 2081/92).  The question of a homonymous
geographical indication is also a criterion for objection to the registration (Article 7, paragraph 3).
 
 For third countries, if a protected name of a third country is identical to a name protected in
the Community, registration shall be granted with due regard for local and traditional usage and the
practical risks of confusion.  Use of such names shall be authorized only if the country of origin of the
product is clearly and visibly indicated on the label (Article 12, paragraph 2).
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
 Yes.
 
 Wines
  
Article 72a of Regulation (EEC) No. 822/87;
 Article 40, paragraph 2 of Regulation (EEC) No. 2392/89;
 Article 61, paragraphs 1 and 2 of Regulation (EEC) No. 822/87.
 IP/C/W/117/Add.10
Page 9
 
 Aromatised wines
  
Article 10a of Regulation (EEC) No. 1601/90.
  
Spirits
 
 Article 11a of Regulation (EEC) No. 1576/89.
  
Other products
  
Article 12 of Regulation (EEC) No. 2081/92.
 
 In addition, Article 2 of Directive No. 79/112 prohibits misleading information as regards
origin or provenance.  This must be understood as applying to origin or provenance referring to third
countries as well.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
 The principle of protection of a geographical indication is recognition and protection in the
country of origin.
 
 However, the Directives on labelling and advertising always apply independently of the
recognition of a geographical indication in the country of origin.
C.P ROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
 Wines
 
 The recognition must be made by a governmental organisation.
  
The right of using a geographical indication is reserved for the professionals who are
established in the area and who respect the conditions of production already established and
recognised.
 
 Other products
 
Pursuant to Article 5 of Regulation (EEC) No. 2081/92, only a group of producers and/or
processors working with the product shall be entitled to apply for registration.
18. What are the compet ent authorities where the protection of a geographical indication can be
obtained?IP/C/W/117/Add.10
Page 10
 Wines
 
 Each Member State appoints the competent authority to protect geographical indications
(Article 16 of Regulation (EEC) No. 823/87).
 
 Other products
 
 After the entry into force of Regulation (EEC) No. 2081/92, recognition of geographical
indications or designations of origin can be obtained only through a Community procedure.
 
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
 
 Wines and spirits
 
 It lies in the competence of Member States which must respect Community law for wines
(Regulation (EEC) No. 823/87) and spirits (Regulation (EEC) 1576/89).
 
 Other products
 
 Registration pursuant to Regulation (EEC) No. 2081/92 is only granted upon request.  In
accordance with Article 5, a group or a natural or legal person (producers and/or processors working
with the product) shall be entitled to apply for registration.
 
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
 Wines and spirits
 
 This lies in the competence of Member States.
 
 At Community level there are no fees involved in the application and maintenance of rights in
a geographical indication.
 
 Other products
 
There are no fees provided for in Regulation (EEC) No. 2081/92.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
 
 Wines
 
No.  Please see the reply to question no. 10 above.
 Other products
 
 Please see the answer to question No. 10 above.IP/C/W/117/Add.10
Page 11
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
 
 Please see the answer to question no. 10 above.
23. What information must be supplied in an application for rights in a geographical indication?
 Wines
 
 It is the competence of Member States.  However, the applicants must supply all necessary
information with respect to the criteria listed in the answer to question no. 10 above.
 
 Other products
 
 Please see the answer to question no. 10 above.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
 Wines
 
 This is the competence of Member States.
  
Other products
 
Please see the answer to question no. 10 above.
25. What mechanisms are provided to oppose the recognition of a geographi cal indication?  How
is an investigation conducted after such a complaint?
 Wines
 
 It is the competence of Member States.
 
 As a general rule the following motives for opposition are put forward:
  
- the criteria enumerated in the reply to question no. 10 above are not fulfilled,
 
 - legitimate interests of someone are damaged.
  
Other products
  
After verification of the file concerning the name notified for registration, the Commission
publishes in the Official Journal of the European Communities the principal elements of the
application.  This first publication gives a right of objection.  A statement of objection shall beadmissible only if it concerns established criteria.IP/C/W/117/Add.10
Page 12
26. Who can oppose the recognition of a geographica l indication?
 Wines and spirits
 
 It is the competence of Member States, but, generally, any legal or natural person who
considers his/her legitimate interests are damaged can oppose the recognition of a geographical
indication.
 
 Other products
 
Member States or any legitimately concerned natural or legal person.
27. If your national legi slation provides for recognition and protection of geogr aphical indications
or appellations of origin of foreign countries, what is the procedure that has to be followed in order toobtain such recognition and consequent protection?
 The following answer is based on the understanding that the question refers to the possibility
of "recognition" of a geographical indication or appellation of origin of a third country in the sense of
"participation in existing domestic regimes providing for positive recognition (positive lists)".  It does
not refer to "protection" within the meaning of th e TRIPS Agreement.  With respect to the latter,
please see the replies to questions nos. 4 and 15 above.
 
 Wines and spirits
  
Inclusion in a positive list is possible by agreement.
  
Other products
 
 The recognition of geographical indications or designations of origin of foreign countries
pursuant to Regulation (EEC) No. 2081/92 can be obtained in accordance with Article 12:
 
 - by agreement
 
 - by the procedure established in the Regulation as regards application for recognition.
  
The same conditions as for EC products apply.
D.M AINTENANCE
28. How long does recognition for a geographical indica tion continue?
 The recognition is unlimited.
29. If recognition of a geographical indication must be renewed or reaffirmed, what information
must be provided in order to effect such a rene wal or reaffirmation?  Spec ify any fees involved in
renewal or reaffirmation.
 
 There is no need for renewing or reaffirming the recognition of a geographical indication.
Once recognised the protection is unlimited.  With respect to the "fees", see the answer to question
no. 20 above.IP/C/W/117/Add.10
Page 13
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
 This condition is not explicitly contained in EC legislation, but the European Commission
considers that a geographical indication must be used.  Use would be determined on a case-by-case
basis if the question arose.
31.  Is there a specified limit fo r non-use before rights in a geogr aphical indication cease and, if
so, what is that limit?
 
 No.  There is no specified limit for non-use.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
 
 This is the competence of Member States via their control authorities which are appointed by
them.
33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
 
 This is the competence of Member States via their control authorities.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.
 
 Wines
 
 This is the competence of Member States.
 
 Other products
  
Member States have to apply protection ex officio by judicial and administrative bodies
(Article 13 of Regulation (EEC) No. 2081/92).
 
35. Do the procedures which lead to forfeiture  of a geographica l indication take place ex officio
or must they be based on the initiative of an entity or person?
 
 Wines
 
 This lies in the competence of Member States.
  
Other products
 
 Article 13 of Regulation (EEC) No. 2081/92 lists the situations in which registered names are
protected.  As this Regulation has direct effect in the territory of the Member States, the competent
authorities of Member States must guarantee the protection granted by this provision as follows:
 
 - by national authorities, ex officio (Article 13 of Regulation (EEC) No. 2081/92),
 IP/C/W/117/Add.10
Page 14
 - by the initiative of a natural or legal person (Article 13 of Regulation (EEC) 
No. 2081/92),
 
 - by the initiative of a Member State (Art icle 11 of Regulation (EEC) No. 2081/92).
 
E.S COPE OF RIGHTS AND USE
36. May anyone who meets the cr iteria submitted to obtain recognition of a geographical
indication use t hat geographical indica tion after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
 
 Wines and spirits
 
 This lies in the competence of Member States.
  
Everybody who meets the established criteria has the right to use the geographical indication.
 
 Other products
 
Everybody established in the geographical area and who meets conditions of the specification
has the right to use the registered name.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity  that obtained the recognition?
 
 Wines
 
 Please see the reply to question no. 32 above.
  
Other products
 
Anybody established in the geographical area and who meets the conditions of the
specifications has the right to use the registered name.  In other words, a prior authorization is not
needed.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
 This is the competence of Member States.  Please see also the reply to question no. 20 above.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
 Wines
 
 This lies in the competence of Member States.
 
 Other products
  
Member States’ judicial or administrative bodies have to apply Article 13 of Regulation
(EEC) No. 2081/92.IP/C/W/117/Add.10
Page 15
40. Must individual authorized users of a geographical indication use that geographical indication
continually to retain their right to use it and, if so, how is their use determined and how long willdisuse be permitted?
 
 Please see the reply to question no. 30 above.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
 It would be resolved by the usual administrativ e or judicial means of resolution of a dispute
concerning the application of the relevant EC legislation.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,what is the effect on the geographical indication?
 
 Wines and spirits
 
 This is the competence of Member States.
 
 Other products
  
Regulation (EEC) No. 2081/92 does not provide for rules in this respect.  However, it is
interpreted that licences are allowed (within imposed conditions) in favour of producers who are not
established in the area in question for stages other than production or transformation.
 
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
 In the European Union no "grandfathered use" of a geographical indication exists.
 
 (For example, Article 5, paragraph 3b of Regulation (EEC) No. 1576/89 establishes that
geographical designations are reserved to spirit drinks which acquired their character and qualities in
the geographical area indicated.)
F.R ELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agr eement are not nullified and impaired?
 The relationship between marks and geographical indications is established at Community
level in the following instruments:
 
 - Council Directive (EEC) No. 104/89 harmonising Member States’ legislation
concerning trademarks excludes the registration of a trademark that is made upexclusively of a geographical indication (Article 3c) or that can, by nature, mislead
the public, e.g., on the geographical origin of the product (Article 3g),
 
 - Regulation (EC) No. 3288/94 amending  Regulation (EC) No. 40/94 on the
Community trademark provides in Article 7 that the Harmonization Office inAlicante shall refuse to register an application for the registration of a Community
trade mark:
 IP/C/W/117/Add.10
Page 16
 (1) which consists exclusively of an indication which may serve, in trade, to 
designate the geographical origin of goods, or
 
 (2) for wines, which contains or consists of a geographical indication identifying 
wines or for spirits which contains or consists of a geographical identifying 
spirits with respect to such wines or spirits not having that origin.
 
 Third parties may initiate an invalidity procedure against a registered Community
trademark before the Harmonization Office on the same grounds, pursuant to Article
51 of the said Regulation.
 
 - Regulation (EEC) No 2392/89 establishing general rules concerning the designation
and presentation of wines defines more precisely in Article 40, paragraph 2 thecorresponding situations from a trademark angle.
 
 Furthermore, there are special provisions for well-known registered brand names.
  
- Article 13 of Regulation (EEC) No. 2333/92 establishing general rules concerning the
designation and presentation of sparkling wines.  There are also special provisions for
well-known registered brand names.
 
 - Article 14 of Regulation (EEC) No 2081/92 concerning the protection of
geographical indications and designations of origin for agricultural products andfoodstuffs.
 
 This provision establishes the following:
 
(1) a geographical indication is not registered where, in the light of a trademark’s
reputation, renown and length of time it has been used, registration is liable to
mislead the consumer as to the true identity of the product;
(2) when a geographical indication has been registered, a trademark attempting to
evoke or to usurp the geographical indication shall be refused;
(3) the use of a trademark evoking a geographical indication and registered
before this geographical indication may continue if the trademark was
registered in good faith and if the appropriate provisions of Directive (EEC)
No. 89/104 have been complied with.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
Please see the reply to question no. 44 above.
46. What procedures are foreseen in case of  a conflict of a geographi cal indication with a
trademark?
Please see the reply to question no. 44 above.IP/C/W/117/Add.10
Page 17
G.E NFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notifie d under Article 63.2 of the TRIPS Agreement, please provide copies.
Member States have to apply relevant EC legislation through judicial and administrative
bodies and procedures.
Article 72a of Council Regulation (EEC) No. 822/ 87 envisages that Member States shall take
all necessary measures to enable interested parties to prevent, on the terms stipulated in Articles 23 and
24 of the TRIPS Agreement, the use in the Commun ity of a geographical indication attached to the
products referred to in Article 1, paragraph 2(b) of  the Regulation for products not originating in the
place indicated by the geographical indication in question, even where the true origin of the goods is
indicated or the geographical indica tion is used in translation or accompanied by expressions such as
"kind", "type", "style", "imitation" or the like.
It is, therefore, Member States who are respon sible for providing the legal means for interested
parties to prevent the use of a geographical indicati on for a wine or spirit not originating in the place
indicated, in accordance with Article 23.1 of the TRIPS Agreement.  Interested parties must seek redress
from the national authorities of the EC Member States .  Member States' laws lay down the procedures to
be followed, the competent authorit ies involved, the instances of appeal and sanctions or penalties
applied by the authorities.  Member States' cour ts may request the European Court of Justice for
preliminary rulings on the interpretation of C ouncil Regulation (EEC) No. 822/87 under Article 177 of
the Treaty Establishing the European Community.
Further, on the measures adopted by EC Me mber States under Article 23 of the TRIPS
Agreement and under Article 72a of Council Re gulation (EEC) No. 822/87, Article 11a of Council
Regulation (EEC) No. 1576/89 and Article 10a of  Council Regulation (EEC) No. 1601/91, as a
preliminary remark, one should underline that, pursuant to Council Regulation (EEC) No. 2048/89
laying down general rules on controls in the wine sector, controls on the description and presentation of
wine products are subject to common principles and assistance proceedings between a Member State's
competent authority and the Commission.  Under this  Regulation, the control authority designated in
one Member State may take protective measures re garding the description, presentation and marketing
of a wine sector product.  It may request a ssistance from the Commission or from the competent
authority of another Member State.  The Commi ssion shall be notified whenever the product which is
the subject of the control activities or iginates in a third country and if the marketing of this product may
be of specific interest to other Member States.
(a) According to Member States' legislation, in terested parties are those damaged or likely
to be damaged by the misuse of a geographi cal indication, i.e. producers entitled to use
the geographical indication or their represen tatives.  Before an administrative body or
an Ombudsman, "any person" (consumer, importer, retailer, producer, exporter) may
file a complaint.  However, it is un likely that national governments from WTO
Members may file complaints in a Member State:  only Italy provides for such a
possibility.
National governments from WTO Members are of course free to complain to the
European Commission or Memb er States' governments.
(b) In all Member States, redress can be sought  through civil proceedings.  Therefore, the
plaintiff may have to prove direct interest in the claim.  Where misuses of geographicalIP/C/W/117/Add.10
Page 18
indications are subject to criminal penalties, as in Belgium, Germany, France, Italy,
Portugal and Spain, an interested party may file a complaint to the police or the public
prosecutor, who may then decide to launc h a criminal investigation.  In Austria,
Belgium, Denmark, France, Portugal and the United Kingdom, an interested party may
also file a complaint to an administrative authority in the Ministry of Agriculture,
Ministry of Economy or local Council accord ing to each Member State's legislation.
Finland and Sweden provide for a market jurisdiction where the first instance is the
Ombudsman and the appellate body is the Market Court.
WTO Member governments may make representations to the European Commission or
Member States' governments.
(c) The way the entity conducts an investigation depends on where the claim is brought.
Before a civil court, the judge relies upon evidence presented by the parties.  In cases of
criminal investigation, it is conducted "ex o fficio" by the police or other administrative
authority vested with investiga tive powers by the public prosecutor.
When the complaint is made to an admini strative authority or to an Ombudsman, the
investigator is the authority where the claim is filed.  In both situations, the investigator
has the power to issue an order to stop the infringement.  If the order is not followed,
the administrative authority may decide to  bring the case before the public prosecutor
while the Ombudsman may bring the case to the Market Court in Finland or to the
Stockholm City Court in Sweden.
The Commission services conduct their inve stigation upon elements brought by the
government of the WTO Member.
(d) The final decision is taken according to the procedure.  In civil and criminal cases, any
decision taken by a court of first instance may be appealed, subject to restrictions
concerning the amount of damages in Germany.  In administrative enforcement, any
action from the administrative authority may be appealed to the Minister and to
administrative courts.  In Finland, a decision of the Market Court may be appealed only
by the defendant.
After investigation, the Commission may rais e the matter with the Member State where
the infringement has taken place.  If the Co mmission considers that a Member State has
failed to fulfil an obligation under the European Union Treaty, the Commission shall
deliver a reasoned opinion on the matter.  The latter may bring the matter before the
European Court of Justice, if the Member  State concerned does not comply with the
opinion within the period laid down by the Commission (Article 169 of the EU Treaty).
(e) The administrative authority and the Ombudsman have the power to issue an order to
stop the infringement and/or to give adequate information to the consumer.  Their
decisions are enforceable through public prosecution and court decisions which may
provide for penalties in case of non complian ce with the order.  Any civil court decision
may order the defendant to stop the infringement and to pay damages.  In criminal
cases, the decision of the court is enforced "ex officio" and may consist of jail penalties,
at least in Spain and Germany.
Where the European Court of Justice finds th at a Member State has failed to implement
its obligations under the Treaty and if the European Commission considers that the
Member State does not take the necessary measures to comply with the judgement ofIP/C/W/117/Add.10
Page 19
the Court of Justice, the European Commissi on shall again bring the matter to the Court
of Justice, which may order pecuniary sanctions and periodic penalty payments.
48. Who has the right to enforce a geographical indication?
Please see the reply to question no. 47 above.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
Please see the reply to question no. 47 above.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
Yes, in the European Union the publication in the Official Journal of the geographical
indications and the legal reference of their recognition is foreseen.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
Please see the reply to question no. 47 above.
H.I NTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation.
Yes, the European Union has subscribed to several bilateral agreements concerning wine
(Australia, Hungary, Bulgaria, Ro mania) and spirits (USA, Mexico).
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
There are no other agreements.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. 
GENERAL (SECTION A OF DOCUMENT IP/C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type","style", "imitation" or the like?
Please refer to the reply to question no. 1 under I above.IP/C/W/117/Add.10
Page 20
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP/C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
Please refer to the reply to question no. 8 under I above.
With respect to the term "indication of source", a definition does not exist.
However, Council Directive No. 79/112/EEC of 18 December 1978 (on the approximation of
the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for
sale to the ultimate consumer) provides in Article 2(a)(i) that the labelling and methods used must not
be such as could mislead the purchaser, inter alia,  as to origin or provenance of the foodstuff.  This
applies also to the presentation of foodstuffs and to advertising.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
Please see the reply to question no. 14 under I above.
C.R ELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
Please see the reply to question no. 44 under I above.IP/C/W/117/Add.10
Page 21
Responses from Austria
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. G ENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
Protection for geographical i ndications is provided through the Law on Unfa ir Competition
(Article 2), the Austrian Trademarks Act (e.g., Article 4(1)2 and 4) and the Austrian Wine Law
together with the EU Wine Market Organization.  A revision of the Trademarks Act with specialemphasis on the question of geographical indications is in progress and Parliamentary treatmentforeseen for the autumn.  According to the provisions of the new Act it will, for example, be possibleto register geographical indications as collective marks.  Under the Wine Law no registration isrequired.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
The general answer to this question is no;  yet, in particular for wine, yes.  The European
Regulation No. 2081/92, which applies for agricultural products and foodstuffs, has to be mentionedin this context.  A special national protecting regime for these products does not exist.  Furthermore,the Austrian Wine Law, the Law on Unfair Competition and the Austrian Trademarks Act have to becited.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
Yes.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
Austrian Wine Law 1985, Section 25, 1985 for sp ecified regions for qu ality wine and table
wine with geographical indication ("Landwein") has already been notified.  Furthermore to addArticle 2 of the Law on Unfair Competition and Article 4(1)2 and 4 of the Trademarks Act.
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
A reply to this question would only have to be given if question 4 above was answered
negatively – yet, this is not the case.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.IP/C/W/117/Add.10
Page 22
Examples:  specified regions for quality wines such as "Wachau", "Kamptal", "Neusiedler
See" or "Weststeiermark".  Protection is provided by the Austrian Wine Law 1985, Sections 37 andfollowing (provisions about the Federal Wine Control Authority).  Examples for indications protectedaccording to European Regulation No. 2081/92 are as follows:  "Wachauer Marille", "S teirisches
Kürbiskernöl", "Tiroler Graukäse", "Gailtaler Almkäse", "Vorarlberger Bergkäse".
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.
Yes, European Regulation No. 2081/92 provides such protection.
B. D
EFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Definition in the European Regulation No. 2081/92 and in Article 22.1 of the TRIPS
Agreement.  Origin of wine is given by the origin of grapes.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
Geographical indications smaller than Austria are allowed only for "Landwein" or quality
wines.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
Natural sugar content and some analytical parameters.
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
All products are strictly defined by the Austrian Wine Law.
12. Are there any other intellectual property rights involved, such as patents for example?
No.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
Definition of geographical indications is laid down in a federal law (Austrian Wine Law);
therefore, the Parliament is the authority which can change the conditions.  For products other thanwine, there is no national authority defining the geographical area.
14. Does your legislation contain criteria for homonymous geographical indications for wines?IP/C/W/117/Add.10
Page 23
Austria: no.  Wine Market Organization: European Regulation No. 2392/89 and
No. 3201/90.
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
Protection of foreign indications is given by the Wine Market Organization (European
Regulation No. 2392/89).  Foreign indications may also be protected by the Law on UnfairCompetition and the Trademarks Act, e.g. if th ey are misleading the pub lic.  Severa l bilateral
agreements on geographical indications exist.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
Please see the response from the European Communities to this question.
C. P
ROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
Recognition needs the changing of a federal law;  applicants, in most cases, are producers'
representatives.
18. What are the compet ent authorities where the protection of a geographical indication can be
obtained?
The Parliament in regard to the Wine Act.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
Recognition by changing the law needs initiatives of an entity or person.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
No fees.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
Criteria are geographical.  Furthermore, the wine must be "Landwein" or quality wine
referring to the conditions of the Austrian Wine Law.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?IP/C/W/117/Add.10
Page 24
No other criteria.
23. What information must be supplied in an application for rights in a geographical indication?
Exact geographical definition (borders) of the indication.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
Yes.
25. What mechanisms are provided to oppose the recognition of a geographi cal indication?  How
is an investigation conducted after such a complaint?
Majority in the Parliament against the changing of the law.
26. Who can oppose the recognition of a geographica l indication?
Anyone who gets the majority against the changing of the law.  An examination of the in our
view misunderstanding formulation is suggested, as already in the preparatory proceedings for thechanging of a law the parties concerned have to be heard.
27. If your national legi slation provides for recognition and protection of geogr aphical indications
or appellations of origin of foreign countries, what is the procedure that has to be followed in order toobtain such recognition and consequent protection?
No national legislation.  See EU Regulation No. 2392/89.
D. M
AINTENANCE
28. How long does recognition for a geographical indica tion continue?
As long as the law is applicable.
29. If recognition of a geographical indication must be renewed or reaffirmed, what information
must be provided in order to effect such a rene wal or reaffirmation?  Spec ify any fees involved in
renewal or reaffirmation.
No renewing outside the law.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
No.
31.  Is there a specified limit fo r non-use before rights in a geogr aphical indication cease and, if
so, what is that limit?IP/C/W/117/Add.10
Page 25
No.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
The Federal Wine Control Authority defined by Section 37 of the Austrian Wine Law.
33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
The Federal Wine Control Authority can do monitoring whenever it is of the opinion that a
geographical indication is used against provisions of the law.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.
First step:  indication to the Federal Wine Control Authority; then monitoring by this
Authority.  If there is a failure, the Authority indicates it to the regional authority (administrativecourt), which has to decide.
35. Do the procedures which lead to forfeiture  of a geographica l indication take place ex officio
or must they be based on the initiative of an entity or person?
Initiative by the Federal Wine Control Authority.  A private person has to inform the
Authority.
E. S
COPE OF RIGHTS AND USE
36. May anyone who meets the cr iteria submitted to obtain recognition of a geographical
indication use t hat geographical indica tion after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
No additional criteria.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity  that obtained the recognition?
All determinations are fixed by law.  For other products, see the reply by the European
Communities to this question.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
See the reply to question 37 above.IP/C/W/117/Add.10
Page 26
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
See the reply to question 37 above.
40. Must individual authorized users of a geographical indication use that geographical indication
continually to retain their right to use it and, if so, how is their use determined and how long willdisuse be permitted?
No individual authorized persons.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
See the reply to question 37 above.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,what is the effect on the geographical indication?
No licences.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
No need for application in Austria.
F. R
ELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agr eement are not nullified and impaired?
Article 72a of EEC Regulation No. 822/87 has been implemented in Austria by a release from
the Ministry of Agriculture and Forestry.  Therefore, the Federal Wine Control Authority is obligedto monitor this.  In regard to cases based on the Unfair Competition Law and the Trademarks Act,priority of rights will be the essential question.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See the reply to question 44 above.
46. What procedures are foreseen in case of  a conflict of a geographi cal indication with a
trademark?IP/C/W/117/Add.10
Page 27
Two possibilities:  Federal Wine Control Authority indicates to the regional authority, which
decides, or private person searches for decision by court (unfair competition).  Cancellation procedurewith the nullity division of the Austrian Patent Office.
G. E
NFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they havenot been notifie d under Article 63.2 of the TRIPS Agreement, please provide copies.
By the Austrian Wine Law.  Enforcement may be based on Article 2 of the Unfair
Competition Law or Article 4(1)2 and 4 in combination with Article 33 or 33c of the Trademarks Act.
48. Who has the right to enforce a geographical indication?
Federal Wine Control Authority, Regional Authority or Court.  Unfair Competition Law:
competitors;  producers;  associations of rele vant entrepreneurs.  Trademarks Act: anybody.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
Regional Authority or Court.  Fees are invol ved.  Nullity  division of the Austrian Patent
Office (ATS 2,900).
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
Law is public in Austria, but no special provisions for geographical indications are foreseen.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
No criminal action, only subject to administrative court.  Trademarks Act: if geographical
indications are protected as collective marks, an infringer may be liable to a fine of 360 times theper diem rate (Article 51 of the Trademarks Act).
H. I
NTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation.
No.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
All agreements between the EU and third countries.IP/C/W/117/Add.10
Page 28
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. G ENERAL (SECTION A OF DOCUMENT IP/C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the placeindicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
European Regulation No. 2081/92 defines the terms "geographical indication" and
"appellation of origin," but is silent in regard to the term "indication of source".
As foreseen in the Community Regulations as well, the Austrian Wine Law states, in any
case, that a geographical indication defines the origin of the grapes.  Therefore, there is no need for
distinction among terms.  The relevant Austrian industrial property laws (Trademarks Act and Law onUnfair Competition) as well as the TRIPS Agreement itself, do not expressis verbis  contain the terms
"appellations of origin" and "indications of source";  therefore, also no criteria to distinguish these
terms and "geographical indications" are mentioned.
B. D
EFINITION AND CRITERIA FOR RECOGNITION (SECTION B O F DOCUMENT IP/C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
Yes.  Article 72a of EEC Regulation No. 822/87 is valid for all Member States of the
Community.  Use of such denominations may be prevented through the Law on Unfair Competition,
if the danger of deceiving the public prevails.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
Yes.  Austria has to follow Article 40 of EEC Regulation No. 2392/89 together with
Section 24 of the Austrian Wine Law.  The present Trademarks Act, as well as the currentamendment, contain provisions in regard to refusal and invalidation of trademarks consisting of orcontaining geographical indications identifying wines or spirits with respect to wines or spirits notoriginating in the territory indicated.
C. R
ELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indicationsidentifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
Austrian and Community regulations do not contain specific rules for homonymous
geographical indications.  In many cases (Australia, Eastern European countries), the Community laysdown detailed rules of procedure in bilateral agreements.  Furthermore, in every case, the principle ofnon-misleading indi cations has to be fulfilled.IP/C/W/117/Add.10
Page 29
Responses from Belgium
REPLIES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.
passing off, false designation of origin;  through a formal procedure for notification/registration
before protection is available;  or through both?  Does the recognition of a geographical indication
require registration?
The recognition and protection of geographical indications are effected through the
registration procedure referred to in Article 5 of Council Regulation (EEC) No. 2081/92 of
14 July 1992 on the protection of geographical indications and designations of origin for agriculturalproducts and foodstuffs (OJ L. 208/1, 24 July 1992), a Community instrument binding in its entirety
and directly applicable in the member States of the European Union.
However, designations of origin are also protected under Articles 16-21 of the Law of
14 July 1991 on trade practices and consumer information and protection (Moniteur Belge (MB) of29 August 1991, page 18712) against:
(1) Use of a name presented as a designation of origin, when such name has not been
recognized as a designation of origin;
(2) the manufacture, offering for sale and sale under a designation of origin, of products
which do not meet the requirements laid down in respect of recognition of the
designation of origin;
(3) the manufacture, offering for sale and sale under a designation of origin, of products
not covered by a certificate of origin, when such certificate is required.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
The above-mentioned Regulation No. 2081/92 establishes a system of protection for
geographical indications and designations of origin of agricultural products intended for human
consumption, excluding wine products and spirit drinks, for which specific protection is provided
(Article 1(1)).
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
No.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.IP/C/W/117/Add.10
Page 30
Community law
General legislation:
- Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of
geographical indications and designations of origin for agricultural products andfoodstuffs (OJ L 208/1, 24 July 1992);
- Commission Regulation (EEC) No. 2037/93 of 27 July 1993 laying down detailed
rules of application of Council Regulation (EEC) No. 2081/92 on the protection of
geographical indications and designations of origin for agricultural products and
foodstuffs (OJ L 185/5, 28 July 1993);
- Commission Regulation (EC) No. 2400/ 96 of 17 December 1996 on the entry of
certain names in the "Register of protected designations of origin and protected
geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on
the protection of geographical indications and designations of origin for agricultural
products and foodstuffs (OJ L 327/11, 18 December 1996);
- Council Regulation (EC) No. 535/97 of 17 March 1997 amending Regulation (EEC)
No. 2081/92 (EEC) on the protection of geogra phical indications and designations of
origin for agricultural products and foodstuffs (OJ L 83/3, 25 March 1997);
- Commission Regulation (EC) No. 1428/ 97 of 23 July 1997 amending Regulation
(EEC) No. 2037/93 laying down detailed ru les of application of Council Regulation
(EEC) No. 2081/92 on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs (OJ L 196/39, 24 July  1997);
- Commission Regulation (EC) No. 1875/97 of 26 September 1997 supplementing the
Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register
of protected designations of origin and protected geographical indications" provided
for in Council Regulation (EEC) No. 2081/92 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs(OJ L 265/26, 27 September 1997);
- Commission Regulation (EC) No. 2396/ 97 of 2 December 1997 on the entry of
certain names in the "Register of protected designations of origin and protected
geographical indications" provided for in Council Regulation (EEC) No. 2081/92 on
the protection of geographical indications and designations of origin for agricultural
products and foodstuffs (OJ L 331/3, 3 December 1997);
- Commission Regulation (EC) No. 195/98 of 26 January 1998 supplementing the
Annex to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register
of protected designations of origin and protected geographical indications" provided
for in Council Regulation (EEC) No. 2081/92 on the protection of geographicalindications and designations of origin for agricultural products and foodstuffs
(OJ L 20/20, 27 January 1998);
- Commission Regulation (EC) No. 1265/98 of 18 June 1998 supplementing the Annex
to Regulation (EC) No. 2400/96 on the entry of certain names in the "Register ofprotected designations of origin and protected geographical indications" provided for
in Council Regulation (EEC) No. 2081/92 on the protection of geographicalIP/C/W/117/Add.10
Page 31
indications and designations of origin for agricultural products and foodstuffs
(OJ L 175/7, 19 June 1998);
- Council Regulation (EC) No. 3290/94 of 22 December 1994 on the adjustments and
transitional arrangements required in the agriculture sector in order to implement the
agreements concluded during the Uruguay Round of multilateral trade negotiations(OJ L 349/105, 31 December 1994);
- Commission Regulation (EC) No. 1107/96 of 12 June 1996 on the registration of
geographical indications and designations of origin under the procedure laid down in
Article 17 of Council Regulation (EEC) No. 2081/92 (OJ L 148/1, 21 June 1996);
- Commission Regulation (EC) No. 1263/96 of 1 July 1996 supplementing the Annex
to Regulation (EC) No. 1107/96 on the registration of geographical indications and
designations of origin under the procedure laid down in Article 17 of Regulation
(EEC) No. 2081/92 (OJ L 163/19, 2 July 1996);
- Commission Regulation (EC) No. 123/97 of 23 January 1997 supplementing the
Annex to Commission Regulation (EC) No. 1107/96 on the registration of
geographical indications and designations of origin under the procedure laid down in
Article 17 of Regulation (EEC) No. 2081/92 (OJ L 22/19, 24 January 1997);
- Commission Regulation (EC) No. 2325/97 of 24 November 1997 supplementing the
Annex to Regulation (EC) No.1107/96 on the registration of geographical indications
and designations of origin under the procedure laid down in Article 17 of Council
Regulation (EEC) No. 2081/92 (OJ L 322/33, 25 November 1997);
- Commission Regulation (EC) No. 134/98 of 20 January 1998 supplementing the
Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications
and designations of origin under the procedure laid down in Article 17 of Council
Regulation (EEC) No. 2081/92 (OJ L 15/6, 21 January 1998);
- Commission Regulation (EC) No. 644/98 of 20 March 1998 supplementing the
Annex to Regulation (EC) No. 1107/96 on the registration of geographical indications
and designations of origin under the procedure laid down in Article 17 of Council
Regulation (EEC) No. 2081/92 (OJ L 87/8, 21 March 1998, erratum OJ L 111/73,
9 March 1998).
Legislation on wine products and spirit drinks:
- Council Regulation (EEC) No. 822/87 of 16 March 1987 on the common
organization of the market in wine (OJ L 84/1, 27 March 1987);
- Council Regulation (EC) No. 2087/97 of 20 October 1997 amending Regulation
(EEC) No. 822/87 on the common organization of the market in wine (OJ L 292/1,
25 October 1997);
- Council Regulation (EEC) No. 823/87 of 16 March 1987 laying down special
provisions relating to quality wines produced in specified regions (OJ L 84/59,
27 March 1987);IP/C/W/117/Add.10
Page 32
- Council Regulation (EEC) No. 4252/88 of 21 December 1988 on the preparation and
marketing of liqueur wines produced in the Community (OJ L 373/59,
31 December 1988);
- Council Regulation (EEC) No. 1576/89 of 29 May 1989 laying down general rules on
the definition, description and presentation of spirit drinks (OJ L 160/1,12 June 1989);
- Council Regulation (EEC) No. 2392/89 of 24 July 1989 laying down general rules for
the description and presentation of wines and grape musts (OJ L 232, 9 August 1989);
- Regulation (EC) No. 3378/94 of the Eur opean Parliament and of the Council of
22 December 1994 amending Regulation (EEC) No. 1576/89 laying down generalrules on the definition, description and presentation of spirit drinks and Regulation
(EEC) No. 1601/91 laying down general rules on the definition, description and
presentation of aromatized wines, aromatized wine-based drinks and aromatized
wine-product cocktails following the Uruguay Round of the multilateral trade
negotiations (OJ L 366/1, 31 December 1994);
- Council Regulation (EEC) 1601/91 10 June 1991 laying down general rules on the
definition, description and presentation of aromatized wines, aromatized wine-based
drinks and aromatized wine-product cocktails (OJ L 149/1, 14 June 1991).
National law
- Articles 16 to 21 of the Law of 14 July 1991 on trade practices and consumer
information and protection (MB of 29 August 1991, page 18712);
- Law of 21 February 1986 setting penalties for offences against the regulations of the
European Economic Community relating to the wine market (MB of 19 March 1986,
page 3639).
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protection
required is provided.
Recognition of geographical indications is provided through the laws and regulations listed
above.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Three names are listed in the Annex to Regulation No. 1107/96:  "Jambon d'Ardenne" (PGI),
"Fromage de Herve" (PDO) and "Beurre d'Ardenne" (PDO).  The national regulations relating to
these names are the following:
- Royal Decree of 4 February 1974 recognizing the designation of origin "Jambon
d'Ardenne" and laying down the conditions to be met by this product in order to be
manufactured, offered for sale or sold under this designation;
- Royal Decree of 14 July 1987 amending the Royal Decree of 4 February 1974
recognizing the designation of origin "Jambon d'Ardenne" and laying down theIP/C/W/117/Add.10
Page 33
conditions to be met by this product in order to be manufactured, offered for sale or
sold under this designation (MB of 1 August 1987, page 11637);
- Royal Decree of 18 December 1984 recognizing the designation of origin "Beurre
d'Ardenne" and laying down the conditions to be met by this product in order to be
manufactured, offered for sale or sold under this designation (MB of2 February 1985, page 1176);
- Royal Decree of 6 May 1985 amending the Royal Decree of 18 December 1984
recognizing the designation of origin "Beurre d'Ardenne" and laying down the
conditions to be met by this product in order to be manufactured, offered for sale or
sold under this designation (MB of 1 June 1985, page 8323);
- Ministerial Decree of 23 January 1985 determining the model certificates of origin
prescribed by the Royal Decree of 18 December 1984 recognizing the designation of
origin "Beurre d'Ardenne" and laying down the conditions to be met by this product
in order to be manufactured, offered for sale or sold under this designation (MB of
2 February 1985, page 1179);
- Ministerial Decree of 20 June 1985 approving a model certificate of origin for
implementation of the Royal Decree of 18 December 1984 recognizing the
designation of origin "Beurre d'Ardenne" and laying down the conditions to be met
by this product in order to be manufactured, offered for sale or sold under thisdesignation (MB of 5 September 1985, page 12727).
Moreover, with regard to juniper-flavoured spirit drinks, a protected name is used pursuant to
the above-mentioned Regulation No. 1576/89:  "Hasseltse jenever".
Compliance with the manufacturing requirements for products with these designations is
monitored by private bodies and/or the economic inspection authority of the Ministry of Economic
Affairs.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.
Yes, the higher level of protection is provided for all products covered by the above-
mentioned Regulation No. 2081/92.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Designations of origin and geographical indications are defined in Articles 2(2)(a) and
2(2)(b), respectively, of Regulation No. 2081/92:
PDO:  "the name of a region, a specific place or, in exceptional cases, a country, used to
describe an agricultural product or a foodstuff:
- originating in that region, specific place or country;  and
- the quality or characteristics of which are essentially or exclusively due to a particular
geographical environment with its inherent natural and human factors, and theIP/C/W/117/Add.10
Page 34
production, processing and preparation of which take place in the defined
geographical area."
PGI:  "the name of a region, a specific place or, in exceptional cases, a country, used to
describe an agricultural product or a foodstuff:
- originating in that region, specific place or country;  and
- which possesses a specific quality, reputation or other characteristics attributable to
that geographical origin and the production and/or processing and/or preparation of
which take place in the defined geographical area."
With regard to unfair competition, Article 16 of the Law of 14 July 1991 on trade practices
and consumer information and protection gives the following definition of designation of origin:  "the
geographical name of a country, a region or a locality, serving to designate a product originating
therein, the quality or characteristics of which are exclusively or essentially due to a particular
geographical environment with its inherent natural and human factors."
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
No.  Indirect indications of source are not protected by Community legislation on protected
geographical names.
However, Article 2(4) of Regulation No. 2081/92 stipulates that "certain geographical
designations shall be treated as designations of origin where the raw materials of the products
concerned come from a geographical area larger than or different from the processing area, provided
that:
- the production area of the raw materials is limited;  and- special conditions for the production of the raw materials exist;  and
- there are inspection arrangements to ensure that those conditions are adhered to."
The designations in question may be or have already been recognized as designations of
origin with national protection by the member Stat e concerned, or, if no such scheme exists, have a
proven, traditional character and an exceptional reputation and renown (Article 2(6)).
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
The following four criteria have been adopted under Community law:  origin, typicality,
quality and reputation.  The combination of these criteria differs according to whether a geographical
indication or a designation of origin is involved (cf. Article 2(2) of Regulation No. 2081/92).
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors.
Yes.  The geographical environment referred to involves human factors as well as natural
factors.IP/C/W/117/Add.10
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12. Are there any other intellectual property rights involved, such as patents for example?
The production, processing and preparation of  products with a protected geographical name
are governed by methods which contribute to establishing the quality, typicality and reputation of the
products concerned, or which are only used in a defined geographical area.  Where appropriate, it maybe compulsory to apply these methods in order to  obtain the protection granted to a PGI or a PDO.
However, the protection of a geographical indication or designation of origin registered in accordance
with the prevailing rules on the subject automatically extends to the techniques and processes used for
the production of the products in question.
Moreover, Article 14(3) of Regulation No. 2081/92 specifies that "A designation of origin or
geographical indication shall not be registered where, in the light of a trademark's reputation andrenown and the length of time it has been used, registration is liable to mislead the consumer as to the
true identity of the product."
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
Pursuant to Article 4(1) of the above-men tioned Regulation No. 2081/92, an agricultural
product or foodstuff must comply with a specification in order to be eligible to use a protected
designation of origin or a protected geographical indication.  The elements of the specification are
listed non-exhaustively in Article 4(2).
The application for registration, which includes the product specification, is submitted either
by a group of producers and/or processors working w ith the same agricultural product or foodstuff, or
by a natural or legal person (Article 5(3)).  It is  sent to the member State of the European Union in
which the geographical area is located (Article 5(4)).  The member State checks that the application isjustified and forwards the application, including the product specification, to the Commission, if it
considers that it satisfies the requirements of Regulation No. 2081/92 (Article 5(5), first
subparagraph).
While the Federal Government has sole jurisdic tion in Belgium in respect of industrial and
intellectual property and competition law, under Article 6.1.VI of the special law on institutional
reform of 8 August 1980, the regions (Wallonia, Flanders and Brussels) lay down the rules governing
the award of quality marks and designations of origin, on a regional or local basis.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
See Article 29(1) and (3) of Regulation No. 2392/89, referred to above.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Yes.  Broadly speaking, Article 12 of Regulation No. 2081/92 provides that the Regulation
may apply to an agricultural product or foodstuff from a third country provided that certain conditions
are met.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.IP/C/W/117/Add.10
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The above-mentioned Regulation No. 2081/92 provides that names registered in accordance
with the regime introduced by the Regulation may be protected by national measures taken by
member States of the European Union, under certain conditions, for a period of five years from the
date of publication of the Regulation (24 July 1992).  Beyond that date, or in the absence of specific
national measures, the directly applicable Community law shall prevail.  All geographical names
registered pursuant to the Regulation are protected in the country of origin.
With regard to wine products, see Articl e 29(1) of Regulation No. 2392/89, cited above.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographicalindication?
According to Article 5(1) of Regulation No. 2081/92, the applicant may be either a group of
producers and/or processes working with the same agricultural product or foodstuff, or, subject to
certain conditions to be laid down in accordance  with the procedure provided for in Article 15, a
natural or legal person.
A group or a natural or legal person may apply for registration only in respect of agricultural
products or foodstuffs which it produces or obtains within the meaning of Article 2(2)(a) or (b)
(definition of PDO and PGI) (Article 5(2)).
In exceptional and duly substantiated cases, applications for registration may also be
submitted by a natural or legal person not complying with the definition given above (which is that
contained in Article 5(1), second subparagraph), where the person concerned is the only producer in
the geographical area defined at the time the application for registration is submitted (Article 1(1) ofthe above-mentioned Commission Regulation No. 2037/93 of 27 July 1993).  In such cases, the
person concerned is considered as a group within the meaning of Article 5 of Regulation No. 2081/92.
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
The application for registration is transmitted to the European Commission by the EU
member State to which it was sent for verificati on of the conditions and requirements laid down by
Regulation No. 2081/92, and for a decision to be taken.
19. Do the procedures which lead to the recognition of a geographical indication take place ex
officio or must they be based on the initiative of an entity or person?
The system of protection for geographical names introduced by Regulation No. 2081/92 is
based on a voluntary initiative by the persons authorized to apply for registration.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
No charge is levied for the continued protection of a geographical name.  However, the cost
of inspections provided for under Regulation No. 2081/92 are borne by the producers using the
protected name (Article 10(7) of the Regulation).IP/C/W/117/Add.10
Page 37
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
No.  Article 4(2) of Regulation No. 2081/92 pr ovides that the product specification which
accompanies the application for registration "shall include at least:
(a) the name of the agricultural product or foodstuff, including the designation of origin
or the geographical indication;
(b) a description of the agricultural product or foodstuff including the raw materials, if
appropriate, and principal physical, chemical, microbiological and/or organoleptic
characteristics of the product or the foodstuff;
(c) the definition of the geographical area and, if appropriate, details indicating
compliance with the requirements in Article 2(4) (geographical designations where
the raw materials of the products concerned come from a geographical area larger
than or different from the processing area);
(d) evidence that the agricultural product or the foodstuff originates in the geographical
area, within the meaning of Article 2(2)(a) or (b), whichever is applicable (definitionsof PDO and PGI);
(e) a description of the method of obtaining the agricultural product or foodstuff and, if
appropriate, the authentic and unvarying local methods;
(f) the details bearing out the link with the geographical environment or the geographical
origin within the meaning of Article 2(2)(a) or (b), whichever is applicable;
(g) details of the inspection structures provided for in Article 10;
(h) the specific labelling details relating to the indication PDO or PGI, whichever is
applicable, or the equivalent traditional national indications;
(i) any requirements laid down by Community and/or national provisions."
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
See the reply to question 21 above.
23. What information must be supplied in an application for rights in a geographical indication?
See the reply to question 21 above.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
Yes.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?IP/C/W/117/Add.10
Page 38
Under the terms of Article 7(1) of Regulatio n No. 2081/92, any member State of the EU may
object to the registration of a name, within six months of the date of publication of the registration
application in the Official Journal of the European Communities.
Any legitimately concerned natural or legal person may also object to the proposed
registration by sending a duly substantiated statement to the competent authority of the member Statein which he resides or is established (Article 7(2)).  The competent authority shall take the necessary
measures to consider these comments or objection within the deadlines laid down.
A statement of objection shall be admissible only if it:- either shows non-compliance with the conditions referred to in Article 2 of
Regulation No. 2081/92;
- or shows that the proposed registration of a name would jeopardize the existence of
an entirely or partly identical name or trademark or the existence of products which
have legally been on the market for at least five years prior to the date of  publication
of the application for registration;
- or indicates the features which demonstrate that the name whose registration is
applied for is generic in nature (Article 7(4)).
Where an objection is admissible, the European Commission shall ask the member States
concerned to seek agreement among themselves in accordance with their internal procedures within
three months.
If agreement is reached, the member States in question shall communicate to the Commission
all the factors which made agreement possible together with the applicant's opinion and that of theobjector.  Where there has been no change to the information contained in the application for
registration, the Commission shall carry out publication of the application.  If there has been a change,
it shall again initiate the procedure allowing objections to be raised, where appropriate.
If no agreement is reached, the Commission shall take a decision having regard to traditional
fair practice and the actual likelihood of confusion.  Should it decide to proceed with registration, the
application for registration shall be published in the Official Journal of the European Communities
(Article 7(5)).
26. Who can oppose the recognition of a geographical indication?
See the reply to question 25 above.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
The normal procedure is applied subject to the application of Article 12 of the above-
mentioned Regulation No. 2081/92.IP/C/W/117/Add.10
Page 39
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
The geographical name (PGI or PDO) is protected as long as the reputation attaching to the
products and foodstuffs covered is justified, that is to say as long as the producers and processorscomply with the conditions laid down in the sp ecification established.  The inspection structures
established by the member States of the EU are responsible for permanent monitoring of such
compliance.
29. If recognition of a geographical indication mu st be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
There is no renewal or reaffirmation of the application for registration.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
Regulation No. 2081/92 contains no provisions in this regard.
31. Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
See the reply to question 30 above.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
The national inspection authorities and/or private inspection bodies approved by the member
States of the EU (Article 10(1) and (2) of Regula tion No. 2081/92).  In Belgium, inspection is carried
out by private bodies and by the economic inspection authority of the Ministry of Economic Affairs.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
Article 10(3) of Regulation No. 2081/92 lays down certain general rules concerning, on the
one hand, guarantees of objectivity and impartiality on the part of the inspection authorities and/or
private bodies and, on the other hand, the permanent availability of the qualified staff and resources
necessary to carry out inspection of agricultural products and foodstuffs bearing a protected name.
The Regulation provides that, if a designated inspection authority and/or private body in a
member State of the EU establishes that an agricultural product or a foodstuff bearing a protected
name of origin in that State does not meet the criteria of the specification, they shall take the steps
necessary to ensure compliance with Regulation No. 2081/92 (Article 10(4)).
Under national law, the search and verification powers of the officials of the economic
inspection authority are governed by Articles 113 to 119 of the above-mentioned Law of 14 July 1991
on trade practices and consumer information and protection.  These officials are empowered to carry
out house searches, to make all necessary verifications, to secure production of all documents andbooks necessary for investigation and verification purposes, to seize such documents and to take
samples.  They may propose an administrative settlement or submit a complaint to the public
prosecutor's office.  The Minister of the Economy may also institute an action for termination ofIP/C/W/117/Add.10
Page 40
unfair trade practices which damage either the professional interests of one or more vendors (Article
93 of the Law) or the interests of one or more consumers (Article 94).
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.
Pursuant to Article 118.1 of the above-mentioned Law of 14 July 1991, anyone in possession
of a certificate of origin for a specified product may, with the authorization of the president of the
commercial court, call for one or more experts appointed by the president to undertake the
description, analysis and examination of the product presumed to be the subject of wrongful use of a
designation of origin.
The application is transmitted in duplicate to the president of the commercial court of the
place where the wrongful use is presumed to have occurred and contains election of domicile in that
place.
The president may use the same order to forbid the person presumed responsible for the
wrongful use to alienate the product, allow a custodian to be appointed, have the product placed under
seal and, if the acts in question have produced revenue, authorize the attachment of such funds.
Immediately after the order has been issued, it shall be notified by the registrar, by judicial
recorded delivery, to the applicant and the person presumed responsible for the wrongful use.  Noaction may be taken until after such notification (Article 108.2).
The applicant and the person presumed responsible for the wrongful use may attend or be
represented on the occasion of the description, examination, analysis or seizure, if they have specific
authorization from the president of the commercial court (Article 108.3).
The expert report is filed in the registry.  A copy thereof is immediately sent by the expert, by
registered mail, to the applicant and the person presumed responsible for the wrongful use
(Article 108.5).
If, in the month following the date of dispatch as evidenced by the postmark, the applicant has
not sued for damages in criminal proceedings or has not issued a summons against the holder of the
product complained of and the person making use of the designation of origin to appear before the
commercial court whose president issued the order, the latter shall automatically cease to have effect
and the holder of the product may demand the handing over of the original application, the order to
place the product under seal and the record thereof, subject to the applicant being prohibited from
using them and make them public, without prejudice to the award of damages (Article 119).
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
At the initiative of a member State, in accordance with Article 11 of Regulation No. 2081/92:"(1) Any member State may submit that a condition laid down in the product specification
of an agricultural product or foodstuff covered by a protected name has not been met.
(2) The member State referred to in paragraph 1 shall make its submission to the member
State concerned.  The member State concerned shall examine the complaint and
inform the other member State of its findings and of any measures taken.IP/C/W/117/Add.10
Page 41
(3) In the event of repeated irregularities and the failure of the member States concerned
to come to an agreement, a duly substantiated application must be sent to the
Commission.
(4) The Commission shall examine the application by consulting the member States
concerned.  Where appropriate, having consulted the committee referred to inArticle 15, the Commission shall take the necessary steps.  These may include
cancellation of the registration."
E. 
SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
Any producer or processor who satisfies the conditions laid down in the specification may use
the geographical indication after it has been reco gnized and entered in the "Register of protected
designations of origin and protected geographic al indications" kept by the European Commission.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
Pursuant to the aforementioned Regulation No. 2081/92, any producer established in the
defined area who satisfies the conditions laid down in the specification is entitled to use thegeographical indication.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
In Belgium, a producer or processor who fulfils the conditions laid down in the specification
must request a certificate of origin issued by a pr ivate body approved by the King.  The relevant fees
may, where appropriate, be claimed for the analyses effected.  Such fees, the amount of which is fixed
by Royal Decree, are broken down according to the types of services rendered by the approved body.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
See the reply to question 35 above.
40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and howlong will disuse be permitted?
See the reply to question 30 above.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
See the reply to question 40 above.IP/C/W/117/Add.10
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42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licences?  If such conditions are not met,
what is the effect on the geographical indication?
No.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
See the provisions of Article 13, paragraphs 2 and 4, of Regulation No. 2081/92.
F. RELATIONSHIP TO TRADE MARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
Article 14(1) of Regulation No. 2081/92:
"Where a designation of origin or geographical indication is registered in accordance with this
Regulation, the application for registration of a trade mark corresponding to one of thesituations referred to in Article 13 (content of the protection granted) and relating to the same
type of product shall be refused, provided that the application for registration of the trade
mark was submitted after the date of the publication provided for in Article 6(2) (publication
in the Official Journal of the European Communities).
"Trade marks registered in breach of the first subparagraph shall be declared invalid.
"This paragraph shall also apply where the application for registration of a trade mark was
lodged before the date of publication of the application for registration provided for in Article
6(2), provided that that publication occurred before the trade mark was registered."
Article 14(2):
"With due regard for Community law, use of a trade mark corresponding to one of the
situations referred to in Article 13 (i.e. one which infringes a protected name) which was
registered in good faith before the date on which application for registration of a designationof origin or geographical indication was lodged may continue notwithstanding the registration
of a designation of origin or geographical indication, where there are no grounds for invalidity
or revocation of the trade mark as provided respectively by Article 3(1)(c) and (g) and
Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate
the laws of the member States relating to trade marks".
As regards wines and grape musts, see Article 40, paragraphs 2 and 3, of the above-
mentioned Regulation No. 2392/89.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
Article 14(3) of Regulation No. 2081/92:
"A designation of origin or geographical indication shall not be registered where, in the light
of a trade mark's reputation and renown and the length of time it has been used, registration is
liable to mislead the consumer as to the true identity of the product."IP/C/W/117/Add.10
Page 43
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
See the reply to question 44 above.
G.E NFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?   Trademark law?  Other laws?  Provide citations to the laws and, if they
have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
See the replies to questions 17, 34 and 44 above.  Member States adopt the necessary
measures to enforce the provisions of Regulation No. 2081/92.
The same obligation applies with regard to wine products:  Article 16 of Regulation 823/87
and Articles 72(4), 72a and 79 of Regulation No. 822/87.
48. Who has the right to enforce a geographical indication?
See the replies to questions 17, 34 and 35 above.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
See the reply to question 34 above.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
The public is notified of the existence of a registered and protected name by means of
publication of that name (and of the amendments to the Register of protected designations of origin
and protected geographical indications) in the Official Journal of the European Communities
(Article 6(4) of Regulation No. 2081/92).  Public ation in the Moniteur Belge is also effected.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
Yes.  See the replies to questions 33 and 34 above.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement
for the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relations hip between it and your national legislation.
Belgium is a member of the European Union and as such applies Community legislation on
geographical indications and designations of origin.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
None.IP/C/W/117/Add.10
Page 44
Responses from Denmark
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. G ENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
The protection for geographical indications is provided through provisions in the Danish
Marketing Practices Act, No. 428 of 1 June 1994 ( Markedsf φringsloven ) and the Danish Food etc.
Act, No. 310 of 6 June 1973 ( Levnedsmiddelloven ).  Such protection does not require registration.
Legal means to prevent use of geographical indications is in Denmark further based on the EUCouncil and Commission Regulations (the most important ones being Regulations No. 822/87,No. 823/87, No. 2392/89, No. 3201/90 and No. 3378/94).
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
The Danish Marketing Practices Act provides the general protection of geographical
indications (cf. Articles 1 and 2 - prohibition against unfair competition and misleading advertising).A single regime of geographical protection does not exist.  However, the general clause in Article 23of the Danish Food etc. Act stipulates that foodstuffs must not be sold under circumstances which canresult in the consumer being misled concerning the marketing of food, wines and spirits (the origin ofthe product, the time of production, nature, sort, quantity, compositions, treat ment, characteristics and
effect).  Further, it is possible to obtain a registration of a collective mark including a geographicalindication (cf. Article 3 of the Collective Marks Act ( Faellesmaerkeloven ), but this registration does
not provide protection of geographical indications used by a third person in accordance with goodmarketing practice.  The latter regulation corresponds with the EEC Regulation No. 2081/92.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
As the protection ensured through the above Acts applies to all kinds of marketing practices
incompatible with good marketing practices, the protection extends to services.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
According to Article 22 of the TRIPS Agreement, the Danish Marketing Practices Act,
Article 2, provides for a prohibition against misleading advertising.  This provision undoubtedlyincludes the use of geographical indications calculated to mislead.  Article 23 of the Danish Food etc.Act provides protection as mentioned in the reply to question 2 above.
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.IP/C/W/117/Add.10
Page 45
The protection is provided through the provisions of the above Acts.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Case law regarding domestic geographical indications is scarce.  Nevertheless, Denmark is in
compliance with its obligations under the TRIPS Agreement.  As an example, U57.545 H can bementioned, where a shopkeeper had violated the pr ovision of prohibition against misleading
advertising in the Danish Competition Law, which was applicable at that time, by selling foreigntomatoes under such indication on a show-card that the buyer would normally get the impression thatthe tomatoes were of Danish origin.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.
Yes.  EU Regulation No. 2081/92 provides such protection.
B. D
EFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Geographical indications are not specifically defined.  However, the Danish Marketing
Practices Act and the Food Act provide for a ge neral prohibition agains t acts which can mislead
consumers.  These general rules are applied in cases of false or misleading use of geographicalindications.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
Yes, as the protection applies to all kinds of misleading information, it will also cover such
indirect links to specific regions.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
Criteria concerning recognition of geographical indications are based on a specific judgement.
The main criterion is whether a geographical indication is known as a geographical indication in therelevant sector of the public.  If it is not known or if it has become a generic term, protection is notgranted.
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
Human creativity does not necessarily have to be involved in the making of the geographical
indication.IP/C/W/117/Add.10
Page 46
12. Are there any other intellectual property rights involved, such as patents for example?
Other intellectual property rights may be involved in cases where the geographical indication
is applied for as a trademark according to the Danish Trade Marks Act.  The Collective Marks Actcontains a provision that expressly allows for registration of geographical indications (cf. section 3).
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
No authority "defines" the geographic region or area for which rights are claimed.  The court
decides whether the use of a geographical indication is misleading according to the above Acts.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
The practical conditions under which homonymous geographical indications will be
distinguished from one another are based on EU Regulation No. 2392/89, particularly Articles 25-29and 40; EU Regulation No. 3201/90 and the Food Act (section 23) and the Danish MarketingPractices Act (sections 1 and 2).  According to these rules, only geographical indications mentioned inRegulation No. 3201/90 can be used as a description for wine in the EU and wine imported from athird country.  Further, geographical indications may not imply the risk of confusion or mislead theconsumer as to the true origin of the wine.  The interpretation of the Danish Marketing Practices Actand the Danish Food etc. Act is always based on a specific judgement of how a homonymousgeographical indication is able to mislead the consumer as to the true origin of the wine.
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
The proceedings relating to the use of a misleading geographical indication as mentioned
above apply to all indications, no matter the origin.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
No.
C. P
ROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
No formal system for recognition of geographical indications exists.
18/19. What are the competent aut horities wher e the protection of a ge ographical indi cation can be
obtained? Do the procedures which lead to the recognition of a geographical indication takeplace ex officio or must they be based on the initiative of an entity or person?IP/C/W/117/Add.10
Page 47
The protection of geographical indications is obtained through the procedures laid down in the
Danish Marketing Practices Act.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
No fees are involved.
21-24. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature? What other criteria, if any, must be set out in anapplication for recognition of a geographical indication? What information must be supplied in anapplication for rights in a geographical indication? Must the goods or services with respect to which ageographical indication is claimed be set out?
No criteria or information are to be set out in this context  (cf. the above reply).
25-27. What mechanisms are provided to oppose th e recognition of a geogr aphical indication?  How
is an investigation conducted after such a co mplaint? Who can oppose the recognition of a
geographical indication? If  your national legislation provid es for recognition and protection of
geographical indications or appellations of origin of foreign countries, what is the procedure that hasto be followed in order to obtain such recognition and consequent protection?
The Danish protection of geographical indications is not based on a system of recognition but
rather on prohibition against misleading use of a geographical indication.  The recognition of ageographical indication is in this context based on a normal court procedure where the defendant hasthe possibility of opposing the claim that his indication is misleading.
D. M
AINTENANCE
28. How long does recognition for a geographical indication continue?
No prescribed time-limit for the protection against misleading information appears from the
Danish Marketing Practices Act or the Danish Food etc. Act.
29. If recognition of a geographical indication must be renewed or reaffirmed, what information
must be provided in order to effect such a rene wal or reaffirmation?  Spec ify any fees involved in
renewal or reaffirmation.
No system for renewal or reaffirmation of the protection of geographical indications exists.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
No requirements of use exist in this context.
31.  Is there a specified limit fo r non-use before rights in a geogr aphical indication cease and, if
so, what is that limit?
There are no such limits for non-use.IP/C/W/117/Add.10
Page 48
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
There are no provisions laid down in this context (cf. the reply to question no. 1 above).
33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
See the reply to question 32 above.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.
There are no such means.
35. Do the procedures which lead to forfeiture  of a geographica l indication take place ex officio
or must they be based on the initiative of an entity or person?
Actions against misleading use of a geographical indication can be initiated both by the Danish
authorities and by other entities having a "legal interest" in the matter.
E. S
COPE OF RIGHTS AND USE
36. May anyone who meets the cr iteria submitted to obtain recognition of a geographical
indication use t hat geographical indica tion after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
If a person or entity is entitled to use a geographical indication, which is not misleading, no
additional criteria are required.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity  that obtained the recognition?
The determination regarding use of a geographical indication is made by a court of law.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
No fees are involved.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
To resolve a dispute regarding geographical indications, the procedure of the Danish
Marketing Practices Act should be used.
40. Must individual authorized users of a geographical indication use that geographical indication
continually to retain their right to use it and, if so, how is their use determined and how long willdisuse be permitted?IP/C/W/117/Add.10
Page 49
No provisions exist in this regard.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Such dispute can be resolved through a normal court procedure.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,what is the effect on the geographical indication?
There are no licensing provisions concerning geographical indications.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
"Grandfather use" will be considered by the competent authorities, if claimed by one of the
parties.
F. R
ELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agr eement are not nullified and impaired?
A trademark that consists solely of a geographical indication cannot be registered, except if it
has acquired distinctiveness through use.  Many figurative marks (e.g. labels for wines and foodstuffs)
which contain geographical indications as an element can, however, be registered if the applicantresides in the region or if the products originate from the region.  Such trademark registration will notbe affected by a subsequent recognition of a geographical indication.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See the reply to question 44 above.
46. What procedures are foreseen in case of  a conflict of a geographi cal indication with a
trademark?
The procedures in case of a conflict are the normal procedures as applied in case of any
trademark conflict, i.e. both administrative proce dures (opposition and revo cation) and normal civil
procedures before the courts of law.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they havenot been notifie d under Article 63.2 of the TRIPS Agreement, please provide copies.IP/C/W/117/Add.10
Page 50
In the Danish Trade Marks Act, the grounds for refusal are laid down in sections 13 and 14.
A trademark cannot be registered if the mark infringes a geographical origin or violates the provisions
concerning good marketing practice according to the Danish Marketing Practices Act.  If theregistration has, nevertheless, taken place, it can be invalidated by actions taken by the injured party.This party can be a person, an en tity or a public authority.  Geographi cal indicati ons are enforced by a
normal court procedure.  The provisions available for this procedure are the above Acts, which arethe Danish Marketing Practices Act, the Danish Food etc. Act and the Danish Trade Marks Act.  Theprocedure regarding the Food etc. Act is initiated by the Public Prosecutor.
48. Who has the right to enforce a geographical indication?
The Danish authorities ensure ex officio, as a part of the examination procedure and
opposition procedure form third parties, that geographi cal indications ar e not registered as trademarks.
Further, the Consumer Ombudsman is entitled to bring actions against the users of misleading
information regarding geographical indications.  Eventually, any person or entity is entitled to enforcea geographical indication (cf. the Danish Trade Marks Act and the Danish Marketing Practices Act).The protection according to the Danish Food etc. Act must be enforced by the Public Prosecutor(Section 64) and no fees are involved.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
Measures in this respect ar taken by courts of law or by the Consumer Ombudsman.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
No.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
Sanctions against violations of the Danish Marketing Practices Act are fines or detention
without trial.  The Danish Food etc. Act provides for fines, detention without trial or up to one yearof imprisonment.
H. I
NTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation.
Denmark is a party to the Madrid Protocol, the Paris Convention and of course the TRIPS
Agreement, but no agreement with the specific aim of protecting geographical indications.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
None.IP/C/W/117/Add.10
Page 51
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. G ENERAL (SECTION A OF DOCUMENT IP/C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the placeindicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
There are no clear distinctions among the terms mentioned in the question.
B. D
EFINITION AND CRITERIA FOR RECOGNITION (SECTION B O F DOCUMENT IP/C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
The Danish Marketing Practices Act and the Danish Food etc. Act prevent the use of a
geographical indication as said in the question.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
See the replies to questions 44 and 47 under I above.
C. R ELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
See the reply to question 14 under I above.IP/C/W/117/Add.10
Page 52
Responses from Finland
RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
Geographical indications enjoy general protection under the Consumer Protection Act
(No. 38/1978). The purpose of this Act is to discourage any acts, which are inappropriate in relation to
consumers. To this effect, the Act contains various provisions aiming at prohibiting such acts. Inrespect of marketing, sections 1 and 2 contain particularly prohibitions to use marketing allegations or
other statements which are contrary to good practice or which may be regarded as misleading
marketing. These provisions can be applied, for example, in cases where a product has been released
on the market with a label or sign, which could be misleading to the public. Similarly, these
provisions can be applied when misleading information of the type, quantity, quality, origin or othercharacteristics of the product has been given to consumers.
The Unfair Business Practises Act provides for specific remedies to prevent forms of
exploitation described in Article 22.2 (a) and (b) of  the TRIPS Agreement. Also, the Trademarks Act
provides a general obligation to refuse registration in cases where the mark applied for is misleading.
Thus, a geographical indication must not indicate an origin if there is no real connection between the
indicated origin and the used geographical indication.
Indications relating to wines and spirits enjoy protection under the Alcohol Act
(No. 1143/94). Paragraph 43 states the responsibility of the producer and the importer. According to
this provision, the producer and the importer shall answer for the quality and composition of the
alcoholic beverages delivered by them for consumption as well as for the circumstance that theproduct and its labelling and other presentation of it are in compliance with the provisions and
regulations issued.
The protection of agricultural products and food stuffs is based on the implementation of the
EEC Regulation on the protection of geographical indications and designations of origin(No. 2081/92) and the supplementary provisions to it. The Ministry of Agriculture and Forestry has,
by virtue of the Act on implementation of the common agricultural policy of the EC (No. 1100/94),
given out a Decision on the minimu m protection of agricultural products and foodstuffs (No. 933/95),
as well as a Decision on certificates concerning special character of agricultural products and
foodstuffs (No. 934/1995).
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
See the answer to question 1 above.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
Yes, as the protection through the abovementioned Acts applies to all kinds of marketing
practices, the protection covers both goods and services.IP/C/W/117/Add.10
Page 53
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
See the answer to question 1 above.
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
See the answer to question 1 above.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
The protection of "Lapin puikula-peruna" (a name of a potato brand originating from the
Lapland region) has been registered under Council Regulation (EEC) No. 2081/92.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.
See the joint reply by the European Communities and their member States.
B. D
EFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
See the joint reply by the European Communities and their member States.  See also Finland's
answers to questions 1, 2, 4 and 5 above and to the explanation therein on our Trademark Act.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
The national legislation is aimed at prohibiting inappropriate marketing and the use of
misleading information. Definition is therefore not dependable on whether the link to a certain region
is direct or indirect.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
See the answer to question 8 above.
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
See the joint reply by the European Communities and their member States.IP/C/W/117/Add.10
Page 54
12. Are there any other intellectual property rights involved, such as patents for example?
Trademarks.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
For agricultural products and foodstuffs, the Finnish Ministry of Agriculture and Forestry
defines the geographical region or area for which rights are claimed having received the opinions of
the Name Protection Board, the local agricultural authority and the supervisory authority. After
examination of the application, the Ministry delivers the application to the European Commission.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
See the joint reply by the European Communities and their member States.  According to the
Finnish Alcohol Act, it is forbidden to give misleading information of the origin or other
characteristics of the product.  The decision whether the use of a homonymous name is misleading
will be taken case by case.
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
Yes, see the joint reply by the European Communities and their member States.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
No.
C.P ROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
See the joint reply by the European Communities and their member States.  There is no
national system for recognition of geographical indications.
18. What are the compet ent authorities where the protection of a geographical indication can be
obtained?
See the answer to question 13 above .
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
An application is required to initiate a procedure leading to the recognition of a geographical
indication.IP/C/W/117/Add.10
Page 55
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
No, there are no fees involved.
21-24. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature? What other criteria, if any, must be set out in anapplication for recognition of a geographical indication? What information must be supplied in anapplication for rights in a geographical indication? Must the goods or services with respect to which ageographical indication is claimed be set out?
Registration of a geographical indication can be obtained through a Community procedure for
agricultural products and foodstuffs. Criteria for recognition are set out in the Community legislation.
(See the joint reply by the Communities and their member States.)
For wines and other products the protection is based on the prohibition to give misleading
information. (See our earlier replies).
25. What mechanisms are provided to oppose the recognition of a geographi cal indication?  How
is an investigation conducted after such a complaint?
Council Regulation No. 2081/92, Article 7 describes the mechanism to oppose the recognition
of a geographical indication of an agricultural product or foodstuff.
26. Who can oppose the recognition of a geographica l indication?
With respect to agricultural products and foodstuffs, any member State of the European
Union and any legitimately concerned natural or legal person may, according to Council RegulationNo. 2081/92, Article 7, oppose to the proposed registration.  See also Finland's answers to questions
47 and 48 below.
27. If your national legi slation provides for recognition and protection of geogr aphical indications
or appellations of origin of foreign countries, what is the procedure that has to be followed in order toobtain such recognition and consequent protection?
Council Regulation No. 2081/92, Article 12 describes the procedures for agricultural products
and foodstuffs.
D.M AINTENANCE
28/29. How long does recognition for a geographical indication continue? If recognition of a
geographical indication must be renewed or reaffirmed, what information must be provided in order toeffect such a renewal or reaffir mation?  Specify any fees invol ved in renewal or reaffirmation.
There is no time limit for recognition of the geographical indications.
30/31. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined? Is there a sp ecified limit for non-use before rights in a geographical i ndication cease and,
if so, what is that limit?
See the joint reply by the European Communities and their member States.IP/C/W/117/Add.10
Page 56
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
National Food Administration, National Product Control Agency for Welfare and Health as
well as the Provincial State Offices direct the monitoring of the use of geographical indications.  Themunicipal authorities primarily carry out supervision in practice.  From the standpoint of consumers,
the Consumer Ombudsman and the municipal consumer authorities also carry out the monitoring.
33-35. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so? Are there means by which interested parties may request terminationof a geographical indication based on non-use or failure to maintain the criteria identified in theapplication?  Describe the procedure. Do the procedures which lead to forfeiture of a geographicalindication take place ex officio or must they be based on the initiative of an entity or person?
The national legislation is based on a structure where the emphasis lies in the assessment
whether the indication is misleading or not. The abovementioned monitoring authorities are obliged tocarry out surveillance ex officio and they are also entitled to do so by request. Monitoring consists of
inspecting documents, storage, sales as well as transport. Also marketing is monitored. Interested
parties or consumers may report any deficiencies or misconduct directly to municipal authorities, even
though there is no formal procedure for doing so.
See also joint replies by the European Communities (Council Regulation No. 2081/92).
E.S COPE OF RIGHTS AND USE
36-42.  The right to use a particular geographical indication is determined on the basis of an
assessment concerning the product and its characteristics. Thus any person or party may use the
geographical indication to the extent that his/her product meets the criteria submitted to obtain the
indication in question. Because there is no possibility of obtaining an authorisation in advance, there
are neither any fees nor procedures involved nor any provisions concerning the non-use or licensing.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
There are no provisions covering grandfathered use.
F.R ELATIONSHIP TO TRADEMARKS
44-46. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nu llified and impaired? What steps are taken to ensure
that, in recognizing a geographical indication, the obligations of Article 16.2 and 16.3 of the TRIPSAgreement are not nullified and impaire d? What procedures are foreseen  in case of a conflict of a
geographical indication with a trademark?
On the Community legislation, see the joint replies by the European Communities.
At the national level, the relationship between trademarks and geographical indications is
determined mainly in connection with the application procedure for trademark registration.  As a
general rule, the Trademarks Act excludes the registration of a mark, which can mislead the public on
the origin of the product. Also a prior right to a geographical indication (registered on the basis of
Council Regulation No. 2081/92) prevents the registra tion of an identical or similar trademark. If aIP/C/W/117/Add.10
Page 57
trademark has been registered contrary to these ru les, the registration may be invalidated according to
the provisions of the Trademarks Act.
G. ENFORCEMENT
47-49. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they havenot been notifie d under Article 63.2 of the TRIPS Agreement,  please provide copies. Who has the right
to enforce a geographical indication? What judicial or administrative bodies have jurisdiction overenforcement actions related to geographical indications?  Are there fees involved and, if so, what arethose fees?
The provision concerning enforcement is available under various laws.  Inappropriate acts can
be prohibited under Section 2 of the Consumer Pr otection Act and Section 6 of the Unfair Business
Practices Act.  When these prohibitions are violated, the Market Court may issue orders, also interimones, prohibitions or fines of the continuation of such violations.  If such an order is not obeyed, a
new order may be issued.  In addition, compensation for damages shall be paid for violations of such
a prohibition.  According to Section 49 of the Alcohol Act, alcoholic beverages may be removed from
the market, if the product or its presentation is contrary to the provisions and regulations concerning
it.
A consumer can turn to the Consumer Ombudsman and ask the ombudsman to investigate the
matter and to take it to the Market Court.  The Ombudsman can also ex officio take up matters
concerning misleading marketing.  According to the Unfair Business Practices Act, the Market Court
may issue an order or a prohibition at the request of an interested party whose rights are violated or
whose business is affected by the violation.
Filing a complaint with the Consumer Ombudsman is not liable to any fees.  When a case is
brought to the Market Court, the plaintiff is responsible for the disbursement of the trial fee, which is
at the moment Fmk 1,000.  A person with limited means may also be granted cost-free proceedings.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
Geographical indications for agricultural products and foodstuffs are notified to the public
under the provisions of Council Regulation No. 2081/92. As for other products, there are no specific
provisions concerning the publication or the notification of the existence of a geographical indication.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
Under the provisions of the Consumer Protection Act and the Unfair Business Practices Act, a
violation of an order issued by the Market Court is punishable. Penalties include fines and up to one
year’s imprisonment.
H. INTERNATIONAL AGREEMENTS
52/53 . Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation. What otherinternational agreements, if any, have been entered into?  What do those agreements provide?IP/C/W/117/Add.10
Page 58
Finland is not a party to any international agreement, which would directly concern the
notification and/or registration of geographical indications.  As a member of the European Union,
Finland is under the obligation to implement Community legislation and to conform to the
agreements, which the Union has entered into.IP/C/W/117/Add.10
Page 59
Responses from France
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
There are various texts providing protection for geographical indications:  the Consumer
Code enacted by Law No. 93-949 of 26 July 1993, as amended, and Decree No. 68-807 of
13 September 1968.
In general, geographical indications are subject to the general requirement of conformity laid
down by Articles L 212-1 ff. of the Consumer Code.  Thus, deception with respect to the nature,
composition or origin (Article L 217-6 of the C onsumer Code) of the product and the possession,
display and offering for sale of such products are punishable offences.
Similarly, Article L 121-1 prohibits all advertising that includes, in whatever form,
allegations, indications or representations that are false or such as to mislead where these relate to ...
the origin ... of the goods and services advertised.
Articles L 115-1 to L 155-26 of the Consumer Code afford specific protection for the
designations eligible under French intellectual property law, namely appellations of origin and
registered appellations of origin, as well as protected geographical indications and protected
designations of origin within the meaning of  Council Regulation (EEC) No. 2081/92 of 14 July 1992
on the protection of geographical indications and desi gnations of origin for agricultural products and
foodstuffs.  In this case each recognized geographical indication is published in the Official Journal of
the French Republic (Journal Officiel de la République Française - JORF) in the form of a decree-
order, which establishes entitlement to protection.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
In France, the geographical indication protection regimes apply to all products.  However,
only agricultural and food products, raw or processed, are eligible for a registered appellation oforigin or an agricultural label/certificate of conformity with geographical indication.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
No, as far as geographical indications as defined in the TRIPS Agreement are concerned.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
See the replyto question 1 above.  All these provisions were notified by France at the
beginning of 1996 and published in documents IP/N/1/FRA/G/1 to 5 and IP/N/1/FRA/O/1.IP/C/W/117/Add.10
Page 60
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protection
required is provided.
The entire procedure is expressly addressed by the texts in question.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
France has notified the following examples of geographical indications:(1) Agricultural and agri-food products
- Spirit drinks:
Cognac, Registered Appellation of Origin (RAO), Decree of
15 May 1935.
-W i n e s :
Chateauneuf du Pape RAO, Decree of 2 November 1966;Southern French wines, Decree of 15 October 1987.
- Cheeses and other dairy produce:
Beaufort RAO, Decree of 12 August 1993;
Tomme de Savoie, Label No. 02.76, Order of 27 July 1978, Protected
Geographical Indication (PGI).
- Other food products:
Nyons olive oil and Nyons black olives RAO, Decrees of
10 January 1994;
Landes yellow chicken, Label No. 18-91, Order of 23 June 1992,
PGI;
Lautrec pink garlic, Label No. 02.66, Order of 20 June 1966, PGI.
(2) Other products
Tahiti Monoi, appellation of origin, Decree No. 92-340 of 1 April 1992, appended.
All these geographical indications are protected in France by the provisions of the Consumer
Code and by Decree No. 68-807 (see the reply to question 1 above).
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.IP/C/W/117/Add.10
Page 61
The Intellectual Property Code has been amended to take into account Article 23.2 of the
TRIPS Agreement for wines and spirits.  However, in France all products with geographical
indications benefit from a high level of protection.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Geographical indications are defined by the following texts:- Articles L 115.1, L 115.22, L 115.23 and L 115.26.1 of the Consumer Code, as amended
by the Law of 3 January 1994;
- Article 5 of Decree No. 68-807 of 13 September 1968;- Article 2 of Regulation (EEC) 2081/92 of 14 July 1992.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
The definition of geographical indications refers to criteria of quality, renown and reputation
which in France are directly linked with the region of origin.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
Criteria expressing the link with the place of origin (renown, reputation, quality, natural
factors, human factors) are taken into consideration in the geographical indication recognition
procedure.
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors?
Human factors form part of the criteria adopted for the recognition of a specific product
eligible in France for a designation of origin.
12. Are there any other intellectual property rights involved, such as patents for example?
No.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
The request for the recognition of geographical indications is always based on a request from
the trade.  The National Institute of Appellatio ns of Origin (INAO) and the National Joint-Trade
Wines Office (ONIVINS) in their capacity as public institutions, the National Commission of
Agricultural and Food Product Labels and Certif icates (CNLC), an independent administrative
authority, and the ministries concerned all contribute within their sphere of competence to the
definition of production areas, conditions of production and control requirements.IP/C/W/117/Add.10
Page 62
The opinion of the Conseil d'Etat, the higher administrative jurisdiction, is required by the
ministries concerned for the recognition by decree of a geographical indication for a product other
than an agricultural product or foodstuff.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
With regard to wines, the Community provisions concerning homonymous geographical
indications are set out in Article 15.4, for similar products, and in Article 15.5, for other products, of
Council Regulation (EEC) No. 823/87, as amended, of 16 March 1987 laying down special provisions
relating to quality wines produced in specified regions.
The French legislation, under Article L 115-5 of the Consumer Code, also excludes any
possibility of homonymous geographical indications, for similar products, and any use of thegeographical name constituting a designation of origin or any term evoking it, for other products,
where such use might lead to the misappropriation or lessening of the renown of a designation of
origin.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
The relevant provisions of the Consumer Code are similarly applicable to foreign
geographical indications if they have previously been incorporated in the lists of the bilateral or
multilateral agreements to which France is party.  (For example, the designations:  Havana, for Cubantobacco, and Budweiser, Budvar and Pilsen, for Czech beers, are protected by previous decisions of
the French courts.)
A foreign geographical indication can also be protected in France on the basis of the general
provisions of the Consumer Code (L 212-1 ff ., L 217-6 and L 121-1, see the reply to question 1
above).
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
The protection of a geographical indication by France is based on the principle of its
recognition and protection in the country of origin.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?
Each geographical indication is the subject of recognition by the public authority and cannot
be owned privately.
The right to use a geographical indication is reserved for members of the trade who respect
the conditions attached to each geographical indication.IP/C/W/117/Add.10
Page 63
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
Each within its own sphere of competence, the INAO, ONIVINS, CNLC, the ministries
concerned and the Conseil d'Etat all contribute to the recognition of geographical indications (see the
reply to question 13 above).
19. Do the procedures which lead to the recognition of a geographical indication take place ex
officio or must they be based on the initiative of an entity or person?
The initiative must necessarily come from the trade.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
The trade makes a financial contribution to the costs of applying and maintaining rights in
geographical indications.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
No, see the reply to question 10 above.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
See the reply to question 10 above.
23. What information must be supplied in an application for rights in a geographical indication?
Any information tending to show that the application is well-founded and, in particular, the
links with the place of origin, renown, reputation, qualities, and natural and human factors.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
The application for recognition specifies the product for which a geographical indication is
requested.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?
Various comment and public enquiry procedures are followed in connection with the
geographical indication recognition process.  These enable the members of the trade to express their
views.  If recognition is disputed, the channels of appeal against administrative decisions areavailable.
26. Who can oppose the recognition of a geographical indication?
Any natural or legal person may comment on/oppose the recognition of a geographical
indication.IP/C/W/117/Add.10
Page 64
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
The recognition of a foreign geographical indication in France presupposes incorporation in
the lists of bilateral or multilateral agreements.
The criminal courts are competent under the rules of ordinary law for products for which a
geographical indication has been recognized in France or abroad.
Under Articles L 115-16 and L 115-18 (Consumer Code), it is an offence, on the one hand, to
make unlawful use of or, on the other hand, to affix or have affixed or to cause to appear by excision,
addition or alteration an incorrect designation of origin on natural or manufactured products offeredfor sale or intended to be offered for sale.  The sale, offering for sale or placing in free circulation of
such products is subject to the same penalties (Articles L 115-16 and L 115-18 of the Consumer
Code).  Article L 115-17 allows individuals, unions or associations to claim criminal indemnification
if they consider themselves to have been injured by the offence.
In general, geographical indications are subject to the general requirement of conformity
established by Articles L 212-1 ff. of the Consumer Code.  Thus, deception with respect to the nature,
composition or origin (Article L 217-6 of the C onsumer Code) of the product and the possession,
display and offering for sale of such products are punishable offences.
Similarly, Article L 121-1 prohibits all advertising that includes, in whatever form,
allegations, indications or representations that are false or such as to mislead where these relate to ...
the origin ... of the goods and services advertised.
Proceedings may be instituted in the civil or criminal courts, for example on the basis of
Article L 115-5 of the Consumer Code which prohibits any use liable to lead to the misappropriation
or lessening of the renown of a designation of origin.
Any foreigner who is the owner of intellectual property rights protected in France may have
them enforced in any court, in accordance with the same rules of attribution of jurisdiction.
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
Geographical indications are recognized indefinitely.
29. If recognition of a geographical indication mu st be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
There is no provision for such a procedure (see the reply to question 28 above).
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
The protection of a geographical indication is not subject to its continuous use.  The
inspection procedures attest to the use of a geographical indication.IP/C/W/117/Add.10
Page 65
31. Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
No.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
Quality and quantity controls are carried out by a third party:  INAO, ONIVINS, certifying
bodies, control commissions, public official monitoring services.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
Quality and quantity controls are based on documents and on-the-spot inspections of the
production conditions and the products (analysis, tasting, labelling, packaging).
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.
At the request of interested members of the trade, the production conditions and the
production area may be modified under a procedure identical to the recognition procedure.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
Apart from requests for modifications of the production area and production conditions (see
reply to question 34 above), action to withdraw recognition of a geographical indication is rare and
taken at the request of the trade (e.g., AOC Parsac-Saint Emilion, recognition Decree revoked by a
Decree of 24 June 1993).
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographicalindication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
The requirements attached to the use of a geographical indication are all laid down in the
recognition texts.  The producer must be located in the production area and must respect the specificproduction conditions.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
See the replies to questions 30 and 32 above.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
See the reply to question 20 above.IP/C/W/117/Add.10
Page 66
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
The ordinary courts are competent in accordance with the rules of ordinary law to deal with
products having a recognized geographical indication.  The legal provisions cited in reply to
question 27 above are applicable.
40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?
No.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
See the reply to question 40 above (negative).
42. Does the regime for the protection of geographical indications allow geographical
indications to be licensed and, if so, what conditions are imposed on such licences?  If such
conditions are not met, what is the effect on the geographical indication?
In France, geographical indications and, more particularly, designations of origin are a
specific intellectual property right.  This regime does not operate on a licensing basis.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
applied in your country?
Today, France no longer uses for its products any third-country geographical indication
recognized and protected in its country of origin.  It has abandoned these practices by means of
transition periods negotiated at the time.  Some geographical indications recognized and protected in
France, particularly some of the most prestigious designations of origin, are being used by certain
Members of the WTO within the meaning of the Article 24.4 exception.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligationsof Article 16.1 of the TRIPS Agreement are not nullified and impaired?
The relationship between trademarks and geographical indications is organized as follows:
- Article 40.3 of Regulation (EEC) No. 2392/89 and Article 13.3 of Regulation (EEC)
No. 2333/92 preserve, in particular, the right to a brand name for a wine which
contains the name of a specified region if that brand name corresponds to the identity
of its original holder and if it was registered at least 25 years before the official
recognition of the geographical indication and has actually been used since thenwithout interruption.  This right cannot be invoked against the use of geographical
names for wines.
- Article 14 of Regulation (EEC) No. 2081 /92 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs dealswith the relationship between trademarks and geographical indications:IP/C/W/117/Add.10
Page 67
- Paragraph 2, in particular, provides that the use of a trademark registered in 
good faith before the date on which application for registration of a 
geographical indication was lodged may continue notwithstanding the 
registration of a geographical indication, where there are no grounds for 
invalidity or revocation of associated with a risk of the consumer's being 
deceived.
- Paragraph 3 stipulates that:  "A designation of origin or geographical 
indication shall not be registered where, in the light of a trademark's 
reputation and renown and the length of time it has been used, registration is 
liable to mislead the consumer as to the true identity of the product".
- The Consumer Code (Article L 115-5) prov ides that "neither the geographical name
constituting the designation of origin nor any other term evoking it may be employed
for any similar product, subject to the laws and regulations in force on 6 July 1990, or
for any other product or service, where such use may lead to the misappropriation or
lessening of the renown of the designation of origin".
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Articles 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See the reply to question 44 above.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
In the event of a conflict between a geographical indication and a trademark, the provisions of
Articles L 711-2, L 711-3 and L 711-4 of the Intellectual Property Code will apply.
Article L 711-2 excludes from registration as a trademark, as non-distinctive, signs or names
which may serve to designate ... the geographical origin ... of the goods or service.
Article L 711-3:  "The following may not be adopted as a mark or an element of a mark:(a) Signs excluded by Article 6 ter of the Paris Convention for the Protection of
Intellectual Property of 20 March 1883, as revised, or by Article 23.2 of Annex IC to
the Agreement Establishing the World Trade Organization;
(b) signs contrary to public policy or morality or whose use is prohibited by law;  or
(c) signs liable to mislead the public, particularly as regards the nature, quality or
geographical origin of the goods or services."
Article L 711-4:  "Signs may not be adopted as marks where they infringe prior rights,
particularly:
(...),
(d) a protected appellation of origin,
(...)."IP/C/W/117/Add.10
Page 68
Proceedings may be instituted in the civil or criminal courts, for example, on the basis of
Article L 115-5 of the Consumer Code which prohibits any use liable to lead to the misappropriation
or lessening of the renown of a designation of origin.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available underunfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
See the reply to question 39 above.
48. Who has the right to enforce a geographical indication?
The owners of intellectual property rights have the capacity to have their rights enforced in
the courts.  In French, the term "right owner" is preferred to the term "right holder" used in the TRIPS
Agreement.
The public authorities generally provide protection against the misuse of geographical
indications by instituting criminal proceedings.  An action for wrongful use of a geographical
indication may also be brought in the civil courts (see the reply to question 27 above).
When the wrongful use of a geographical indication constitutes a criminal offence, the
procedures are as follows:
(1) Any natural or legal person who finds that wrongful use is being made of a
geographical indication may refer the matter to the administrative authority
responsible for the application of the Consumer Code (General Directorate ofCompetition, Consumption and Enforcement - DGCCRF).
This administration then makes the appropriate administrative inquiries in order that,
if necessary, the offenders may be prosecuted.
The case is referred to the judicial authority (State prosecutor) on the basis of an
administrative document which sets out all the established facts.
In accordance with the general rules of Fr ench criminal law, the interests of the
plaintiff are normally protected by means of a public prosecution initiated by both the
administration and the State prosecutor.
Within these proceedings, the plaintiff may obtain compensation for the injury
suffered and claim criminal indemnification in the form of damages and interest.  The
plaintiff does not have to be represented by a lawyer.
(2) Within the context of their normal supervisory activities, the DGCCRF's supervisors
may, on their own initiative, investigate any wrongful use of a geographical
indication and, moreover, refer the matter, under the above-mentioned conditions, to
the judicial authorities.
Furthermore, anyone who considers himself injured by this offence may, by lodging a
complaint with the investigating judge, bring criminal indemnification proceedings
and instigate a public prosecution.IP/C/W/117/Add.10
Page 69
The general role of the police and gendarmerie is to receive complaints and, where
appropriate, after making their inquiries, refer the matter to the State prosecutor.
The National Institute of Appellations of Origin, an administrative public institution
responsible for monitoring, promoting and protecting appellations of origin and for
protecting the wine market and the economic regime for alcohol, under the Ministryof Agriculture and Fisheries, may bring criminal indemnification proceedings under
Article 23 of the Decree-Law of 30 July 1935 relating to the protection of the wine
market and the economic regime for alcohol, published in the OJ of 31 July 1935.
Article L 421-1 of the Consumer Code states  that:  "Lawfully declared associations
whose explicit statutory purpose is to protect the interests of the consumer may, if so
authorized, exercise the rights accorded to parties bringing criminal indemnificationproceedings in relation to acts which harm, directly or indirectly, the collective
interests of consumers (...)".
According to Article L 421-7 of the same Code "The associations mentioned in
Article L 421-1 may apply to be joined to proceedings before the civil courts (...)when the purpose of the initial action is to obtain compensation for injury suffered by
one or more consumers because of acts that do not constitute a criminal offence".
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
See the reply to question 39 above.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
The text recognizing a geographical indication is published in the Official Journal (JORF).
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPSAgreement, please provide a copy.
See the reply to question 39 above.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement
for the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relations hip between it and your national legislation.
France is a Member of the WTO.
It has also acceded to the following WIPO Series Conventions which deal, in part, with
geographical indications:
- Paris Convention;
- Madrid Agreement for the Repression of False or Deceptive Indications of Sources 
on Goods of Origin;IP/C/W/117/Add.10
Page 70
- Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration, under which all French appellations of origin are registered.
France is also party to the Stresa Convention on the Use of Appellations of Origin and
Denominations of Cheeses.
France protects French and foreign designations of origin in accordance with its national
legislation and, by decree, has incorporated these international conventions and agreements into its
domestic law in order to have them applied and their terms respected.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
Before the implementation of the TRIPS Agreement, France had signed bilateral agreements
in order to protect French appellations of orig in (see document IP/N/4/FRA/1 of 29 January 1996).
As a member State of the European Union, France applies the various agreements relating to
the protection of geographical indications concluded by the European Communities, in particular withAustralia, the United States, Mexi co, Hungary, Romania and Bulgaria.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the placeindicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
The French legislation (Consumer Code, Article L 115-5) states that "neither the geographical
name constituting the appellation of origin nor any other term evoking it may be employed for any
similar product, subject to the laws and regulations in force on 6 July 1990, or for any other product orservice, where such use may lead to the misa ppropriation or lessening of the renown of the
designation of origin".
As a party to the Lisbon Agreement, France has been applying its provisions since
25 September 1966.  According to Article 3 of this Agreement, "protection is provided against anymisuse or imitation, even if the true origin of the product is indicated or the designation is used in
translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like".
Article 13(b) of Regulation (EEC) No. 2081/92, which is directly applicable in France,
contains similar provisions.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your country's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
The French legislation recognizes the appellation of origin as an intellectual property right
and as the "name of a country, region or locality used to designate a product originating therein andIP/C/W/117/Add.10
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whose quality or characteristics are due to a particular geographical environment with its inherent
natural and human factors."
As a member of the European Union, it a pplies Council Regulation (EEC) No. 2081/92 of
14 July 1992 on the protection of geographical indications and designations of origin for agricultural
products and foodstuffs.
Article 2 of this Regulation defines designation of origin and geographical indication as
follows:
"For the purposes of this Regulation:"(a) Designation of origin:  means the name of a region, a specific place or, in exceptional
cases, a country, used to describe an agricultural product or a foodstuff:
- Originating in that region, specific place or country;  and- the quality or characteristics of which are essentially or exclusively 
due to a particular geographical environment with its inherent natural
and human factors, and the production, processing and preparation of
which take place in the defined geographical area;
"(b) geographical indication:  means the name of a region, a specific place or, in
exceptional cases, a country, used to describe an agricultural product or a foodstuff:
- originating in that region, specific place or country;  and- which possesses a specific quality, reputation or other characteristics 
attributable to that geographical origin and the production and/or 
processing  and/or preparation of which take place in the defined 
geographical area.
"Certain traditional geographical or non-geographical names designating an agricultural
product or a foodstuff originating in a region or a specific place, which fulfil the conditions
referred to in the second indent of paragraph 2(a) shall also be considered as designations of
origin."
These geographical names are geographical indications within the meaning of Article 22 of
the TRIPS Agreement.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
See the reply to question 14 under I above.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide for the refusal or
invalidation of a trademark registration which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicatedterritory?
See the reply to question 46 under I above.IP/C/W/117/Add.10
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Responses from Germany
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.
passing off, false designation of origin;  through a formal procedure for notification/registration
before protection is available;  or through both?  Does the recognition of a geographical registration
require registration?
In Germany the following mechanisms for the protection of geographical indications exist:
- EC-wide protection under EC Regulation No. 2081/92 on the protection of
geographical indications and designations of origin for agricultural products and
foodstuffs (OJ No. L 208, 24 July 1992, p. 1), which is directly applicable in
Germany;  this Regulation does not apply to wines and spirits;
- EC-wide protection of geographical indications for wines (EC Regulation
No. 2392/89, OJ No. L 232, 9 August 1989, p. 13) and spirits (EC Regulation
No. 1576/89, OJ No. L 160, 12 June 1989, p. 1);
- protection against unfair and misleading use of a geographical indication under
German law;
- protection as a collective mark;- protection of geographical indications for wines under the German Wine Act
(Weingesetz);
- national protection of certain geographical indications for spirits.With regard to protection under Regulation 2081/92, Part 6, Chapter 2 of the German Trade
Mark Law contains provisions dealing with purely procedural matters.  The material prerequisites for
protection are contained in the Regulation itself which is directly applicable in Germany.
Apart from the system established by EC Regulation 2081/92, no system of registration of
geographical indications exists in Germany.  Protection of geographical indications in German law
(which are called " geographische Herkunftsangaben ", i.e. "indications of geographical origin") is
based on legal provisions prohibiting acts contrary to honest business practices;  and especially acts
likely to mislead or deceive the public.  According to Section 127, paragraph 1 of the Trade MarkLaw, geographical indications are protected against misleading use.
Paragraph 2 of Section 127 of the Trade Mark Law protects geographical indications which
stand - in the public view, i.e. in the relevant trade circles - not only for the origin of the product but
also for a certain quality.  In such cases, the geographical indication may not be used for productswhich do not have the quality generally associated with products bearing the geographical indication
in question.  The relevant quality standard is not elaborately determined by a product specification, it
rather depends on what the relevant sectors of the public expect of a product bearing the geographical
indication in question.  According to Section 127, paragraph 3 of the Trade Mark Law, geographicalIP/C/W/117/Add.10
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indications which have acquired a particular reputation are protected against any damage to or
exploitation of such reputation, irrespective of whether or not the public is being misled.
These provisions are supplemented by S ection 3 of the Unfair Competition Act  (Gesetz gegen
den unlauteren Wettbewerb)  and Section 17, paragraph 1, No. 5 of the Act on Foodstuffs and
Commodities (Lebensmittel-und Bedanfsgegenständegesetz).  Both forbid misleading designations.
All these provisions are also applicable to geographical indications which designate a place or an area
outside Germany.
Geographical indications for goods or services can also be registered as collective marks
(Sections 97 and 99 Trade Mark Law).  It is, however, not possible to register a geographical
indication as a trade mark (see Section 8, paragrap h 2, No. 2 of the Trade Mark Law), unless a trade
mark contains a geographical indication and has - by virtue of its use in affected trade circles -established itself as the distinguishing sign for the goods or services for which the trade mark has been
filed (see Section 8, paragraph 3 of the Trade Mark Law).
Geographical indications for wines are governed by Section 23, paragraph 1 of the Wine Act
(Weingesetz).   Some of the admissible geographical indications are laid down in the Wine Act itself,
some are governed by ordinances of the Federal Ministry of Food, Agriculture and Forestry, and some
have been laid down by the Land
4 governments and the communities.  In principle, everyone
producing wine made from grapes cultivated in a specific geographical unit is allowed to use -
without any further recognition procedure - the geographical indication of that unit.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
(a) General
The protection against unfair or misleading use and the protection as collective marks (see
under question 1 above) covers geographical indications for all sorts of goods or services.  EC law
provides protection according to special regimes for wines (EC Regulation No. 2392/89,
OJ No. L 232, 9 August 1989, p. 13), spirits (EC Regulation No. 1576/89, OJ No. L 160, 12 June
1989, p. 1), foodstuffs and agricultural products (EC Regulation No. 2081/92, OJ No. L 208, 24 July1992, p. 1).
In addition to that, Section 137 of the Trade Mark Law authorizes the Federal Ministry of
Justice to lay down by legal ordinance detailed provisions concerning individual indications of
geographical origin, including the area of origin, the quality or other properties of the goods to which
the geographical indication applies, and the way the indication is used.  The only legal ordinance
which has yet been passed concerns steel from the town of Solingen, ( Verordnung zum Schutz des
Namens Solingen , i.e. "Ordinance for the Protection of the Name Solingen" of 16 December 1994,
BGBl. I.S. 3833).
(b) Geographical indications for wines
In the wine sector, there is a regime under public law governing geographical indications.
The relevant provisions are laid down in EC wine law and in the rules of the Wine Act and the Wine
Ordinance (Federal law) as well as in the Regulations and Acts of the Länder .4
                                                     
4 Federal State.IP/C/W/117/Add.10
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(c) Geographical indications for spirits
Apart from 19 German spirit drinks with geographical descriptions, protected under the EC
Regulation on Spirit Drinks No. 1576/89 (OJ EC No. L 160 of 12 June 1989):
- one spirit drink is currently protected in the national ordinance on spirit drinks
(Deutscher Weinbrand);  and
- two spirit drinks in the so-called German definitions of spirit drinks  (Steinhäger,
Schwarzwälder Kirschwasser) .  These are, however, no legal norms in form and in
substance.  In case of legal disputes on the question whether a specific labelling or
presentation of spirit drinks is liable to mislead the public, the courts draw on thesedefinitions as an aid in interpretation.
Apart from that, the general protection against unfair or misleading use of geographical
indications applies (e.g. Bayerischer Bärwurz, Pfälzer Weinbrand ).
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
The general protection against unfair or misleading use and the protection as collective marks
(see under question 1 above) also extends to services.
4/5/6. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  If the required recognition
of geographical indications is not provided through statutes or regulations, please explain, in detail,
the mechanisms through which the protection required is provided.  Please provide a few examples of
domestic geographical indications protected in accordance with the means discussed above andindicate the means by which such protection is provided.
(a) General protection of geographical indications irrespective of the goods or services concerned
In order to enjoy the kind of protection against unfair or misleading use described in the
answer to question 1 above, geographical indications do not have to be formally recognized in an
administrative procedure.  Such protection is afforded  if the relevant sectors of the public in Germany
understand the indication in question as referring to the geographical origin of the goods or services to
which it applies, either because the place of origin is explicitly, "directly", mentioned in the indication
(Westfälischer Schinken , Solinger Stahl , Pfälzer Weinbrand ) or because the origin is "indirectly"
referred to, for example by reference to a flag, a symbol (for instance the "Berliner Bear") or a picture
which suggests a certain geographical origin.  Whether this is the case may have to be proved in court.
Injunctive relief is provided for violations of the prohibitions against unfair or misleading use
of geographical indications (Sections 126 et seq. of the Trade Mark Law; Section 3 of the Law
Against Unfair Competition).  This claim for injunctive relief cannot only be asserted by everybody
who legally uses the geographical indication in question, but also by businessmen who market goodsor services of the same or similar type on the same market, by associations having as one of their
purposes the repression of unfair competition, by consumer associations, and by the chambers of
industry and commerce or craft chambers (Secti on 128, paragraph 1 of the Trade Mark Law and
Section 13, paragraph 2 of the Law Against Unfair Co mpetition).  This is in line with Article 22.2 of
the TRIPS Agreement.IP/C/W/117/Add.10
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(b) Geographical indications for wines
According to Article 72(a) of Regulation (EEC ) No. 823/87, Member States have to adopt
suitable measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of
the TRIPS Agreement, to prevent in the EC the use of geographical indications for products whose
origin does not correspond to the place specified in the geographical indication, even if the actualorigin is indicated or if the geographical indication is used in a translation or together with
expressions like "method", "type", "style", "imitation".
Furthermore, the Land
5 authorities in charge of the controls, including wine inspectors, may
prohibit the placing on the market as well as imports and exports of products for which misleading
indications, designations, other information or presentations are used and may withdraw these
products from the market.  "Misleading" also mean s presentations, designs or correct information
which could raise false expectations regarding the geographical origin of the products.  This rule also
applies if the producer country has been duly indicated (Section 25, paragraph 1 and paragraph 3 of
the Wine Act).  Such a violation can also be prosecuted under criminal law (Section 49, No. 4 of the
Wine Act).
According to Section 23, paragraph 1 of the Wine Act, only the following indications of
origin of products may be used:
(1) for quality wine psr, in addition to the name of the specified region prescribed on the
basis of legal acts by the European Community:
(a) the names of the vineyard sites and areas registered in the vineyard register;(b) the names of communities and places;
(2) for vin de pays  (Landwein ) the names of areas cultivating it;
(3) for table wine which has not been defined as vin de pays  (Landwein ) the names of
wine-growing areas and subregions.
Section 3 of the Wine Act lays down the 13 German wine-growing areas.
According to Section 23, paragraph 4 of the Wine Act the Land
5 governments regulate the
establishment and keeping of the vineyard register (register of vineyard sites and areas).  In doing so,
they have to lay down, for the geographical units of vineyard site and area:
(1) the demarcation;(2) detailed prerequisites and the procedure for registrations and deletions including
determination of the names;
(3) application eligibility as well as content and form of the applications for registration
of vineyard sites and areas in the vineyard register;
(4) registration ex officio and deletion.Section 2 of the Wine Ordinance lays down the 19 German areas cultivating vin de pays
(Landwein ).
                                                     
5 See footnote 4 above.IP/C/W/117/Add.10
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Section 1 of the Wine Ordinance lays down the 5 German wine-growing areas for table wine,
including their subregions.
(c) Additional protection of geographical indications for spirits
Additional protection is provided by the following provisions:- Article 1, paragraph 4(c) of the EC Regulation on spirit drinks: No. 1578/89 for Korn
and Kornbrand ;
- Annex II in conjunction with Article 5, paragraph 3 of the EC Regulation on spirit
drinks, No. 1576/89; Annex III to the EC Regulation on spirit drinks, No. 1576/89;
- Section 2 of the national ordinance on spirit drinks ( Deutscher Weinbrand );
- German definitions of spirit drinks ( Steinhäger , Schwarzwälder Kirschwasser ).
These definitions represent a written summary of the generally accepted view on the
composition and labelling of the individual categories of spirit drinks, which theGerman spirit drinks industry has elaborat ed in agreement with business circles and
consumers.  In case of legal disputes on the question whether a specific labelling or
presentation of spirit drinks is liable to mislead the public, the courts draw on these
definitions as an aid in interpretation.
In addition to the mechanisms mentioned in this response under (a) above, misleading use of
geographical indications for spirits can be enjoined by virtue of an administrative procedure under
food law.  This is, for instance, the case when a manufacturer of spirit drinks markets a product with
an indication which the general public understands as pointing to the geographical origin of the
product, but the product does not in any way come from this region (no raw materials from thisregion, no manufacturing or production stages in this region), e.g. if a German enterprise were to
produce a Weinbrand  (brandy) in Hamburg from French wines and market the brandy under the
geographical indication Pfälzer Weinbrand .
Competitors, consumer protection associations or the protective association for spirit drinks
can turn to the food inspection authorities locally responsible for the surveillance of the composition
and presentation of spirit drinks and request them to issue an administrative injunction.  Against this
injunction the manufacturer or dealer concerned can initiate an administrative opposition procedure,
and, if the administrative opposition procedure was unsuccessful, legal proceedings in an
administrative court.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.
Section 8, paragraph 2, No. 2 of the Trade Mark Law provides that "trademarks which consist
exclusively of signs or indications which may serve, in trade, to designate the … geographical origin… of the goods or of the rendering of the services" shall not be registered ex officio.  An exemption
exists for such trademarks which - by virtue of the use which has been made of them - have
established themselves in affected trade circles as the distinguishing sign for the goods or services for
which such marks were filed (Section 8, paragraph 3 of the Trade Mark Law).  If a geographical
indication has been registered in violation of these provisions, everybody may request the German
Patent Office to cancel the registration (see Section 50, paragraph 1, No. 3, and paragraph 2 of the
Trade Mark Law).IP/C/W/117/Add.10
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These provisions are of general applicability. They are not limited to geographical indications
for wines or spirits, but cover all sorts of geographical indications, "direct" or "indirect" (see under
questions 4-6 above), domestic or foreign.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
(a) General protection of geographical indications irrespective of the goods or services concerned
Section 126, paragraph 1 of the Trade Mark Law defines geographical indications
("geographische Herkunftsangaben") as "names of places, areas, regions or countries as well as other
indications or signs used in the course of trade to identify the geographical origin of goods orservices".  According to Section 126, paragraph 2 of the Trade Mark Law, names, indications or signs
of a generic nature shall not be eligible for protection as geographical indications.
(b) Geographical indications for wines
EC wine legislation and the German Wine Act use different legal definitions to identify the
origin of specific products.
According to Article 6 of Regulation (EEC) N o. 823/87 quality wines psr may be obtained
only from grapes of vine varieties harvested within the specified region.
Name of a geographical unit  (Article 2, paragraph 3(a);  Article 4, paragraph 1;  Article 11,
paragraph 2(i);  Article 13, paragraph 1;  Article 20, paragraph 3(a);  Article 29, paragraph 1 of
Regulation (EEC) No. 2392/98.  This is the name of a specified region, a region which is not a
specified one (wine-growing area or area cultivating vin de pays  (Landwein )), a subregion or part of a
subregion, a community or part thereof, a vineyard site or a unit comprising several vineyard sites
(collective site or area).
The Geographical designation  ( "Geographische Bezeichnung" ) (Title of Section 23 of the
Wine Act).  The catalogue of admissible geographical indications under the German Wine Act
includes the following:  the name of the specified wine-growing area, names of vineyard sites and
areas registered in the vineyard register, names of communities and parts thereof, names of areas
cultivating vin de pays  (Landwein ), names of areas, names of wine-growing areas and subregions.
This catalogue basically matches that containing the names of geographical units of EC legislation,
but makes their use conditional on specific prerequisites or restricts their use.
Geographical indication ( "Geographische Angabe")  (Article 26, subparagraph 1(a);
paragraph 2(b);  Article 29 of Regulation (EEC) No. 2392/89;  heading of Section 39 of the Wine
Ordinance).  This term is also identical with the term "geographical designation".
Indication of origin ( "Angabe der Herkunft/Herkunftsangabe" ) (Section 23(1) of the Wine
Act;  Section 39(5) of the Wine Ordinance and head ing of Section 40 of the Wine Ordinance).  These
terms are identical with the term "geographical designation".IP/C/W/117/Add.10
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(c) Geographical indications for spirits
The following distinction can be made with respect to geographical descriptions for spirits:
(1) Indications or designations of geographical origin as designations of an actually
existing city, region or state, which are either used alone (e.g. Cognac, Calvados ) or
in combination with a generic term (e.g. Deutscher Weinbrand , Schwarzwälder
Kirschwasser );
(2) indirect traditional indications or designations of geographical origin, e.g. Korn  or
Kornbrand , the use of which is by legal provision exclusively reserved to a specific
region (e.g. Article 1, paragraph 4(c) of the EU Regulation on spirit drinks,
No. 1576/89), because the products in question are traditionally produced only inthese regions.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
(a) General
The term "geographische Herkunftsangabe" used in Section 126 covers all signs which may
serve to indicate the geographical origin of goods or services, irrespective of whether a certain quality
or reputation of these goods or service is linked to their geographical origin or not, and irrespective ofwhether the place of origin is explicitly, "directly", mentioned in the indication ( Westfälischer
Schinken, Solinger Stal, Pfälzer Weinbrand ) or whether it is indirectly referred to, for example by
reference to a flag, a symbol (for instance the "Berlin Bear"), or a picture which suggests a certain
geographical origin.
(b) Geographical indications for wines
The German Wine Act does not establish an explicit link between origin and quality.
(c) Geographical indications for spirits
With regard to spirits, a link between origin and quality exists.  The examples "Bourbon" (cf.
agreement on spirit drinks between the EU and the USA) or Korn  show that this is the case.  Thus, a
specific origin (German-speaking area of the EU) is tied to the indication Korn .  This recognition of
origin is justified as this spirit drink has always been produced only in this region according to a
specific manufacturing process set by law (spent grains mash process instead of wort process, i.e. only
the healthy whole grain with all its components fr om only five domestic raw materials may be used,
thus no defective grain, flour, etc.).  This manufacturing process traditionally only exists in this
region.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
(a) General
See under questions 4-6 above.  There is no formal process of recognition of geographical
indications.  In case of conflict, a court will decide on the basis of admissible evidence.  The onlycriterion for determining whether a sign is to be protected as a geographical indication is whether the
relevant sectors of the public in Germany understand it as indicating the geographical origin of the
goods or services to which it applies.IP/C/W/117/Add.10
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(b) Geographical indications for spirits
Criteria to be considered are a special, outstanding quality distinguishing the product in
question from generic products either because the raw materials have a special quality due to their
geographical origin (soil, climate) (e.g. Schwarzwälder Kirschwasser  or because of a characteristic
manufacturing process prevailing in the region of origin.
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors?
(a) General
Involvement of human creativity in the making of products to which a geographical indication
applies is no prerequisite for protection.
(b) Geographical indications for wines
Apart from the site conditions of the vine (microclimate and soil conditions), human factors,
such as the care taken over viniculture and the production practices, also play a major role.  Therefore,
a domestic quality wine psr may only bear the indication of the wine-growing area if an official
inspection number has been assigned to it as part of the organoleptic examination (Section 19,paragraph 1 of the Wine Act).
(c) Geographical indications for spirits
Human creativity and human factors (particular recipe, distiller's experience) can play a key
role in some cases.
12. Are there any other intellectual property rights involved, such as patents for example?
There is no obvious legal connection in German law between the protection of geographical
indications and patent protection.
13. What authority, if any, may define the geographical region or area for which rights are
claimed and on what basis is such definition made?
(a) General
In Germany, no administrative authority is charged with regulating the use of geographical
indications.  The geographical region or area for which a geographical indication may legally be used
is the region or area which the relevant sectors of the public in Germany associate with such a
geographical indication.  In case of conflict, a court will decide on the basis of admissible evidence,
such as, for instance, opinion polls, whether the geographical indication in question has been used in amisleading way or not.
With regard to protection of geographical indications as collective marks (Sections 97 et seq.
of the Trade Mark Law), the geographical region or area can be defined by the association filing for
registration of the collective mark in the regulations governing its use.IP/C/W/117/Add.10
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(b) Geographical indications for wines
Specific wine-growing areas are laid down by Parliament in the German Wine Act.
The areas cultivating vin de pays  (Landwein ) and areas cultivating table wines are laid down
by ordinance of the Federal Ministry of Food, Agriculture and Forestry with the consent of theBundesrat .
The Land
6 governments demarcate the viticultural regions by ordinance.
The responsible Land6 ministries in each case demarcate the sites and areas and order their
registration in the vineyard register.
Applications for registrations of sites should be made by the local government of the region
where the areas under vines are located.  Owners and beneficiaries may, in principle, submit proposals
to the local government regarding the names of sites.  For giving advice to the local government, a
site committee should be formed in the communities usually consisting of the Mayor as well as of
persons representing viticulture and the wine trade.
Applications for registrations of areas are to be made by the office of the county district
commissioner ( Landratsamt ) or the administration of the town, constituting an administrative district
of its own, responsible for the areas under vines.  Viticulture and wine trade organizations are to be
heard before the filing of applications.
Before fixing sites and areas, the responsible Land6 minister hears an expert committee
commenting on:
- the equivalence and similarity of yields of a site;- the similarity of yields of an area, the traditional use of site and area names;- an economically sound demarcation of sites and areas maintaining the site-related
character.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
Under Article 15, paragraph 4 of Regulation (EEC) 823/87, the name of a specified
wine-growing area or a community or of a part thereof assigned in line with Community or national
regulations may not be used by others to  designate products of the wine sector.
Section 39, paragraph 1 of the Wine Ordinance sets out the following:
If the name:(1) of an area is used to designate a quality wine psr, it should be preceded by the
indication "area" in characters of the same type, size and colour if it is identical or
could be confused with any other geographical indication;
(2) of a site is used to designate a quality wine psr, the names of the community or part
thereof should be added.
                                                     
6 See footnote 4 above.IP/C/W/117/Add.10
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15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
(a) General
There is no distinction between foreign and domestic geographical indications as far as the
general protection against unfair and misleading use and protection as collective marks is concerned.
(b) Geographical indications for spirits
In the German spirit drinks sector, geographical descriptions of other EU member States are
directly protected through the EC Regulation on spirit drinks, No. 1576/89.  Specific spirit drinks with
protected geographical descriptions from third countries are protected in Germany on the basis of thedirectly applicable Commission Regulation (EC) No. 1267/94 regarding the application of the mutual
recognition of specific spirit drinks agreed be tween the European Union and third countries, e.g.
"Bourbon" for the USA or "Tequila" for Mexico.
16. Is there any specific prohibition in the legislation/regulations rules/procedures covering
geographical indications or appellations not protected in the country of origin?
(a) General
No such prohibition exists as far as the general protection against unfair and misleading use
and protection as collective marks is concerned.
(b) Geographical indications for wines
The following applies under Article 29, paragraph 1 of Regulation (EEC) No. 2392/89.Where an imported wine is described on the label by means of a geographical description, use
may be made only of the name of a geographical unit and only under the following conditions:
(1) in the case of wines originating in the territory of a third country, which is a Member
of the World Trade Organization, or a region or locality in this territory, this
geographical description must be used in line with the TRIPS Agreement.  To this
effect, the third country concerned is put on a list after submitting its legal provisions
on the application of the TRIPS Agreement to the Commission;
(2) in the case of third countries not applying Part II, Section 3 of the TRIPS Agreement,
the following requirements must be met:
(a) the geographical indication in question designates a clearly demarcated
wine-growing area, which is smaller than the entire wine-growing area of the
third country concerned;
(b) the grapes from which the product was made come from this geographical
unit;
(c) the grapes from which the wine with characteristic properties was made are
harvested in this geographical unit;IP/C/W/117/Add.10
Page 82
(d) the geographical indication is used on the domestic market of the country of
origin to designate the wines and is intended for this purpose under the
provisions of this country.
To this effect, the third country concerned is mentioned on a list after submitting its pertinent
legal provisions to the Commission.
(c) Geographical indications for spirits
No such prohibitions exist.
C. PROCEDURE FOR RECOGNITION
17-27. With respect to any formal system for r ecognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?  What are the competent authorities where the protection of a geographical indicator can
be obtained?  Do the procedures which lead to the recognition of a geographical indication take
place ex officio or must they be based on the initiative of an entity or person?  What, if any, fees areinvolved in the application and maintenance of rights in a geographical indication?  If criteria must
be set out in an application for recognition of a geographical indication, are those criteria purely
geographical in nature?  What other criteria must be set out in an application for recognition of a
geographical indication?  What information must be supplied in an application for rights in a
geographical indication?   Must the goods or services with respect to which a geographical indication
is claimed to be set out?  What mechanism are provided to oppose the recognition of a geographical
indication?  Who can oppose the recognition of a geographical indication?  If your national
legislation provides for recognition and protection of geographical indications or appellations of
origin of foreign countries, what is the procedure that has to be followed in order to obtain such
recognition and consequent protection?
(a) General
There is no formal system or procedure for recognition of geographical indications in German
law.
Only if a foreign or domestic geographical indication is to be protected as a collective mark
(Sections 97 et seq. of the Trade Mark Law), a formal procedure has to be followed.  Such protection
requires registration in the register kept by the German Patent Office.  Applications for registration
may only be filed by private or public associations having legal capacity (see Section 98 of the
German Trade Mark Law).
Protection is afforded for specific classes of goods or services which have to be set out in the
application.  The fee for filing a collective mark covering three classes of goods or services is
DM 1,500 plus DM 250 for every additional class of goods or services.  The fee for extending
protection in three classes of goods or services is DM 3,000, plus DM 450 for every additional class
of goods or services.  The application for registration must be accompanied by regulations governingthe use of the mark (Section 102, paragraph 1 of the Trade Mark Act), in which the elements
mentioned in Section 102, paragraphs 2 and 3 of the Trade Mark Act have to be specified.  These
elements are not of a purely geographical nature, but include the name, seat, purpose, representation
of the association filing for registration, the conditions of membership, information on the group of
persons having authority to use the collective mark, the conditions of use of the collective mark,including a provision to the effect that any person whose goods or services originate in the
geographical area concerned and fulfill the conditions set out in the regulations shall be authorized to
become a member of the association and shall be admitted to the group of persons having authority toIP/C/W/117/Add.10
Page 83
use the mark.  The regulations also have to set out the rights and obligations of the parties concerned
in the event of infringement of the collective mark.  They may be inspected by anyone.  Within three
months following the date of publication of the registration of the collective mark, the proprietor of an
earlier mark may file an opposition with the German Patent Office (Sections 97, paragraph 2 in
conjunction with Section 42 of the Trade Mark Act).
(b) Geographical indications for wines
Questions 17-27 do not apply to the German legal system as the individual wine grower does
not have to apply for a recognition of the geographical indication.  On the contrary, he is entitled
without any further (legal) act to use the geographical indication for wines harvested in the respective
geographical unit.  In the case of quality wines psr, the wine must, however, also have been produced
in the respective geographical unit and an official organoleptic examination must be carried out.
The geographical indications under wine law constitute an exclusive right sui generis , which
cannot be assigned to one single individual, but which is a type of "collective right" from which
benefits arise for each individual owner within a geographical unit.  The beneficiaries are accordingly
all wine growers operating in a geographical unit.
(c) Geographical indications for spirits
There is no formal administrative application procedure for the recognition of geographical
indications for spirits.
The indications or designations of origin in the spirit drinks sector are either expressly
protected in Germany through a corresponding definition in legal provisions (EC Regulation
No. 1576/89 or national ordinance on spirit drinks) or through the general prohibitions against unfair
or misleading use of geographical indications.
In the event of several producers of spirit drinks in a certain region wishing to adopt an
additional new geographical description into the national ordinance on spirit drinks, the competent
Federal Ministry of Health initiates a legislative process and involves the other ministries concerned,
the Länder7 which are responsible for enforcement, and would request the producer and consumer
protection associations to deliver an opinion.  Should  this process reveal that a supposed geographical
description has already become a generic name (e.g. Stonsdorfer ), this term would not be protected as
a geographical description.
It should be noted that a geographical description in the spirit drinks sector is not reserved for
one single private enterprise in general.  On the contrary, all enterprises having their registered office
in a protected geographical area of spirit drinks (e.g. "Black Forest") and producing thegeographically protected product according to the criteria defined in legal texts or in accordance with
the public view are entitled to use this geographical indication (e.g. Schwarzwälder Kirschwasser ).
A specific process of protection for foreign geographical indications within the framework of
a national administrative or law-making procedure does not exist.  Such indications are protectedunder the general legal provisions and proceedings.
                                                     
7 See footnote 4 above.IP/C/W/117/Add.10
Page 84
D. MAINTENANCE
28/29. How long does recognition for a geographical  indication continue?  If recognition of a
geographical indication must be renewed or reaffirm ed, what information must be provided in order
to affect such a renewal or reaffirmation?
Geographical indications are protected against unfair and misleading use as long as they are
recognized by the relevant sectors of the public in Germany as indicating the geographical origin of
the goods or services to which they apply.  There is no need to formally renew or reaffirm recognition
of a geographical indication.
Collective marks are protected for a period of ten years.  The period of protection may be
renewed for further periods of ten years against payment of a renewal fee.  No further information hasto be provided.
30/31. Must a geographical indication be used in order to maintain rights?  Is there a specified limit
for non-use before rights in a geographical indication cease and, if so, what is that limit?
Section 3 of the Law Against Unfair Competit ion, which protects the general public against
misleading use of geographical indications, does not require that the geographical indication has in
fact been used to indicate the geographical origin of goods or services.  It suffices if a not negligible
part of the relevant sectors of the public in Germany is  likely to be misled as to the true origin of the
goods or services.
In order to enjoy protection against unfair or misleading use under Sections 126 et seq. of the
Trade Mark Law, a geographical indication must in fact have been used in the course of trade to
indicate the geographical origin of goods or services.  It is irrelevant by whom and for what kinds of
goods or services it has been used, as long as the use was not misleading.  There is no explicit limitfor non-use.
Geographical indications which have been registered as a collective mark (Sections 97 and 99
of the Trade Marks Act) have to be used in order to retain trademark protection (see Section 97,
paragraph 2 in conjunction with Section 25, Section 43 paragraph 1, Section 29 paragraph 1, andSection 55 of the Trade Marks Act).  Collective marks have to be used for the goods or services for
which they are registered.  The limit for non-use is five years (Sections 97, paragraph 2 and 100,
paragraph 2 in conjunction with Section 26 of the Trade Marks Act).
32,33. Who monitors the use of geographical indications to determine if the criter ia identified in the
application continue to be met?  If a governmen t entity is responsible for monitoring the use of
geographical indications, what are its procedures for doing so?
(a) General
Use of geographical indications is not monitored by an administrative authority.  If a
geographical indication has, however, been used in a misleading way, injunctive relief can be claimedby everybody who legally uses the geographical indication in question, by business persons who
market goods or services of the same or similar type on the same market, by associations having as
one of their purposes the repression of unfair competition, by consumer associations, and by the
chambers of industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks
Act in conjunction with Section 13, paragraph 2 of the Law Against Unfair Competition (see underquestion 4 above).IP/C/W/117/Add.10
Page 85
If a geographical indication has been registered as a collective mark, the proprietor himself,
i.e. the association (see under questions 17-27 above), is responsible for monitoring the use of the
collective mark.  If the proprietor does not take reasonable steps to prevent the collective mark from
being wrongfully used in a manner incompatible with  the purpose of the association or the regulations
governing use of the mark, everybody may request the German Patent Office to cancel the registration
(see Section 105, paragraph 1, No. 2 of the Trade Marks Act).
(b) Geographical indications for wines
The Länder8 are responsible for monitoring compliance in the wine sector. Changes or
deletions are carried out ex officio if the legal prerequisites no longer apply.
34/35. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.  Do the procedures which lead to forfeiture of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person.
Unfair or misleading use of a geographical indication can be enjoined, but geographical
indications are not liable to "forfeiture" in German law.  A geographical indication continues to exist
as long as it is recognized as such in the affected trade circles in Germany.
Means by which interested parties may request termination of a geographical indication based
on non-use or failure to maintain the criteria identified in the application exist only in cases where ageographical indication has been registered as a collective mark.  Everybody can request the German
Patent Office to cancel the mark if it has not been used within five years after registration (see
Section 99, paragraph 2 in conjunction with Sectio ns 49 and 54 of the Trade Marks Act) or if one of
the additional grounds for refusal mentioned in Section 105 of the Trade Marks Act exists, including
wrongful use of the collective mark (see Section 105, paragraph 1, No. 2 of the Trade Marks Act).
In case of non-use, everybody can initiate an action for cancellation at a competent court of
justice (see Section 99, paragraph 2 in conjunction with Section 55 of the Trade Marks Act).
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographicalindication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
(a) General
There is no formal system or procedure for recognition of geographical indications in German
law.  Geographical  indications may be used by everybody for goods or services fulfilling the
expectations of the relevant sectors of the public in Germany as to their geographical origin and, if
any, as to their quality or other properties.
Section 100 of the Trade Mark Law stipulates that the registration of a geographical
indication as a collective mark does not entitle the proprietor to prohibit a third party from using such
indications in the course of trade, provided such use is in accordance with the accepted principles of
morality and does not contravene Section 127 of the Trade Mark Act (see under question 1 above).
Any person whose goods or services originate in the geographical area concerned and fulfil theconditions for use set out in the regulations is ent itled to become a member of the association owning
                                                     
8 See footnote 4 above.IP/C/W/117/Add.10
Page 86
the collective mark and to be admitted to the group of persons who have authority to use the mark
(Section 103, paragraph 3 of the Trade Marks Act).
(b) Geographical indications for wine
In the wine sector too, a geographical indication may, in principle, be used without meeting
further criteria after it has been defined by the State.  Only indications for quality wines psr may only
be used after the assignment of an inspection number within the framework of an official organoleptic
examination.
(c) Geographical indications for spirits
Following recognition in a legal text, anybody fulfilling the criteria may use the geographical
description in question.  The authorities carry out spot checks for surveillance.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition.
Since there is no formal system or procedure for recognition of geographical indications in
German law, no governmental entities or agencies are involved.  In cases of conflict, a court will
decide whether a geographical indication has, in an individual case, been used in a misleading or
unfair manner.
If the geographical indication has been registered as a collective mark, everybody may file a
request for cancellation with the Patent Office if the proprietor of the collective mark does not take
reasonable steps to prevent the collective mark being wrongfully used in a manner incompatible with
the purpose of the association or the regulations governing use of the mark (Section 105, paragraph 1,
No. 2 of the Trade Marks Act).
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established.
Authorization is no prerequisite for the use of a geographical indication.  Geographical
indications may be used by everybody for goods or services fulfilling the expectations of the relevant
sectors of the public in Germany as to their geographical origin and, if any, as to their quality or other
properties.
The fee for filing a collective mark covering three classes of goods or services is DM 1,500,
plus DM 250 for every additional class of goods or services.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
(a) General
In cases of dispute regarding use of a geographical indication, violations of the prohibitions
against unfair or misleading use of geographical indications (Section 126 et seq . of the Trade Mark
Law, Section 3 of the Law Against Unfair Compet ition (see under question 1 above)) can be enjoined
by a court of justice following an ordinary court procedure or by way of a provisional disposition.
The claim for injunctive relief (see under question 4 above) cannot only be asserted by everybodywho legally uses the geographical indication in question, but also by businessmen who market goods
or services of the same or similar type on the same market, by associations having as one of their
purposes the repression of unfair competition, by consumer associations, and by the chambers ofIP/C/W/117/Add.10
Page 87
industry and commerce or craft chambers (Section 128, paragraph 1 of the Trade Marks Act and
Section 13, paragraph 2 of the La w Against Unfair Competition).
If a geographical indication has been registered as a collective mark, the proprietor (i.e. the
association (see under question 17-27 above)) is entitled to bring an action for infringement and to
claim damages.  Persons who have authority to use the collective mark may bring such an action onlywith the consent of the proprietor (Section 101 of the Trade Marks Act).
(b) Geographical indications for wine
The use of inadmissible geographical indications for wine must be prosecuted ex officio by
the responsible administrative authorities of the Länder9 (surveillance authorities) as well as by the
prosecuting authorities.  Such use entails a ban on importation and can lead to the seizure of productsthus indicated by the customs authorities.
40/41. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?  If there is a disput e over continuity of use by a particular party, how is
it resolved?
Protection of geographical indications against unfair and misleading use under Sections 126
et seq . of the Trade Mark Law and Section 3 of the Law Against Unfair Competition does not require
use.
Geographical indications which have been registered as a collective mark (Sections 97 and 99
of the Trade Marks Act) have to be used in order to retain protection (see Section 97, paragraph 2 in
conjunction with Section 25, Section 43 paragraph 1, Section 29 paragraph 1, and Section 55 of the
Trade Marks Act).  Collective marks have to be used for the goods or services for which they havebeen registered.  Authorized use by one person or undertaking is sufficient.  The limit for non-use is
five years (Sections 97, paragraph 2 and 100, paragraph 2 in conjunction with Section 26 of the Trade
Marks Act).  If the collective mark has not been used within five years after registration, anybody may
request the German Patent Office to cancel the collective mark (see Section 99, paragraph 2 in
conjunction with Sections 49 and 54 of the Trade Marks Act), or initiate an action for cancellation at acompetent court of justice (see Section 99, paragraph 2 in conjunction with Section 55 of the Trade
Marks Act).
42. Does the regime for protection of geographical indications allow geographical indications to
be licenced and, if so, what conditions are imposed on such licences?  If such conditions are not met,
what is the effect on the geographical indication?
Geographical indications as such cannot be licensed.  They may be used by everybody for
goods or services fulfilling the expectations of the relevant sectors of the public in Germany as to their
geographical origin and, if any, as to their quality or other properties.
Collective marks can be licensed (see Section 97, paragraph 2 in conjunction with Section 30
of the Trade Marks Act), if this is authorized by the regulations governing their use (Section 102,
paragraph 2, No. 4 of the Trade Marks Act).  The licensee has to abide by any conditions of use
specified in the regulations (Section 102, paragraph 2, No. 5 of the Trade Marks Act).  If the
collective mark is wrongfully used by the licensee in a manner incompatible with the purpose of the
association or the regulations governing use of the mark and the proprietor does not take reasonable
                                                     
9 See footnote 4 above.IP/C/W/117/Add.10
Page 88
steps to prevent such use, everybody may request the German Patent Office to cancel the registration
(see Section 105, paragraph 1, No. 2 of the Trade Marks Act).
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
Through an acquired rights regulation such as for Schwarzwälder Kirschwasser.  Firms
situated outside of the Black Forest which had already marketed their products under the name
"Schwarzwälder Kirschwasser" before 1963 may continue to do so.
F. RELATIONSHIP TO TRADEMARKS
44-46. What steps are taken to ensure that, in recognizing a geographical indication, the obligationsof Article 16.1 of the TRIPS Agreement are not nul lified and impaired?  What steps are taken to
ensure that, in recognizing a geographical indication, the obligations of Article 16.2 and 16.3 of the
TRIPS Agreement are not nullified and impaired?  What  procedures are foreseen in case of conflict of
a geographical indication with a trade mark?
The rights of owners of registered trademarks are not unduly affected by the protection of
geographical indications.  Conflicts are resolved with regard to the priority of the rights in conflict.
Protection of geographical indications under Section 126 et seq . of the Trade Marks Act begins when
they are used for the first time to designate the geographical origin of goods or services.  The
proprietor of an earlier trademark can enjoin thir d parties from using an identical or similar sign
(including geographical indications) where such use would result in a likelihood of confusion (Section
14, paragraph 2, No. 1 and 2, and paragraph 5 of the Trade Marks Act).  If the mark has a reputation
in Germany, the owner can enjoin use of an identical or similar sign (including geographical
indications), if such use takes unfair advantage of, or is detrimental to, the distinctive character or the
repute of the trademark (Section 14, paragraph 2, No. 3, and paragraph 5 of the Trade Marks Act).
It should be noted, however, that trademarks may not be used in a way that is liable to
mislead the public in Germany as to the geographical origin of the goods or services to which they
apply (Section 3 of the Law Against Unfair Competition).  In addition to that, everybody can request
the German Patent Office to cancel the registration of a trademark or initiate an action for cancellationwith a civil court if this trademark, in consequence of the use made of it by the proprietor or with his
consent, is liable to mislead the public in Germany as to the geographical origin of the goods or
services for which it has been registered (Section 49, paragraph 2, No. 2, Section 53 and Section 55 of
the Trade Marks Act).
G. ENFORCEMENT
47/48. How are rights in the geographical indications enforced?  Are provisions available underunfair competition law?  Trade Mark Law?  Other laws?  Who has the right to enforce a
geographical indication?
Injunctive relief is provided for violations of the prohibitions against unfair or misleading use
of geographical indications (Section 126 et seq . of the Trade Marks Act, Section 3 of the Act Against
Unfair Competition (see under question 1 above)).  This claim for injunctive relief cannot only be
asserted by everybody who legally uses the geographical indication in question, but also by
businessmen who market goods or services of the same or similar type on the same market, by
associations having as one of their purposes the repression of unfair competition, by consumerassociations, and by the chambers of industry and commerce or craft chambers (Section 128,
paragraph 1 of the Trade Marks Act and Section 13, paragraph 2 of the Act Against Unfair
Competition).  In addition to that, everybody who legally uses the geographical indication in questionIP/C/W/117/Add.10
Page 89
can claim compensation for damages resulting from wilful or negligent breaches of Section 127 of the
Trade Marks Act (Section 126, paragraph 2 of the Trade Marks Act).
If a geographical indication has been protected as a collective mark, injunctive relief and
compensation for damages can be afforded in accordance with Section 97, paragraph 2 and Section 14
of the Trade Marks Act.  These claims can be enforced by the proprietor of the collective mark (i.e.the association (see under questions 17-27 above)).  Persons who have authority to use the collective
mark may bring an action only with the consent of the proprietor (Section 101 of the Trade Marks
Act).
Goods which unlawfully bear a geographical indication are, on import, export or in transit
ex officio subject to seizure by the customs auth orities for the purpose of removing the unlawful
marking where the infringement is obvious (Section 151 of the Trade Marks Act).
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
(a) General
The civil chambers of the Regional Courts ( Landgericht ) have exclusive jurisdiction for
litigation regarding geographical indications, regardless of the value in dispute (Section 140,
paragraph 1 of the Trade Marks Act).  The Länder  Governments10 are empowered to concentrate such
litigation with one regional court by means of a legal ordinance (Section 140, subsection 2 of theTrade Marks Act).  Most of the Länder  have done this.
Court costs, also including those of the ta king of evidence, are determined in civil
proceedings in accordance with the value in dispute, and are laid down by law in the Court Costs Act
(GKG).  This applies on principle also to lawyers' fees which - depending on the value in dispute - areregulated by the Federal Code of Lawyers' Fees.  The parties may agree in writing on higher lawyers'
fees.  The court can order, in response to an application, that the fees are only to be calculated in
accordance with a part of the value in dispute, if a party makes a plausible case that the burden of the
costs of the proceedings would pose a considerable danger to their economic position were they to be
calculated in accordance with the full value in dispute (Section 142 of the Trade Marks Act).
The losing party bears the costs of the winning party (Section 91 of the Code of Civil
Procedure).  This includes lawyers' fees up to the level laid down by law in the Federal Code of
Lawyers' Fees.  If only partial success is achieved in the proceedings, all of the costs of the
proceedings (including the necessary lawyers' fees  incurred by both parties) are divided between the
parties (Section 92 of the Code of Civil Procedure).
For details of the procedure, see the replies to the Checklist of Issues on Enforcement
(IP/N/6/DEU/1).
(b) Geographical indications for wine
In the wine sector, under Section 31, paragraph 1 of the Wine Act, only the officials of the
competent surveillance authorities, including the wine inspectors, are charged with enforcing the
applicable provisions;  in case of imminent danger, also all other police officers.
                                                     
10 See footnote 4 above.IP/C/W/117/Add.10
Page 90
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
(a) General
There is no formal notification requirement.
(b) Geographical indications for wine
Acts and ordinances are published in the respective law gazettes of the Federal Government
and the Länder11, the names of sites and areas are notified in the official publications of the Länder
(official gazette).  Furthermore, all indications of geographical origin of German wine are published
in the Federal Law Gazette published by the Federal Ministry of Justice.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.
(a) General
Yes, see Section 144 of the Trade Marks Act.In principle, the public prosecution offices and the authorities and officers of the police
service are obligated to prosecute criminal offences ex officio (Sections 152, 158 paragraph 1, 160and 163 of the Code of Criminal Procedure).  Viola tions of geographical indications which constitute
criminal offences are, however, prosecuted only upon request, unless the prosecution authorities deem
that ex officio prosecution is justified in view of the particular public interest (Sections 376 and 374 of
the Code of Criminal Procedure).  Section 374 of the Code of Criminal Procedure provides that acts
which constitute offences in accordance with Section 144, paragraphs 1 and 2 of the Trade Marks Actmay be prosecuted by a private action without the prosecution authorities having to intervene.  If the
prosecution authorities file a public action because of a particular public interest, Section 395,
paragraph 2, No. 3 of the Code of Criminal Proced ure affords the injured party the opportunity to join
the proceedings as a joint plaintiff.
(b) Geographical indications for wines
In the wine sector, anybody who markets, imports, exports or advertises a product with
misleading designations, indications or any other information or presentations is liable to a term of
imprisonment not exceeding one year or to a fine under Section 49, No. 4 of the Wine Act.
Under Section 40 of the Wine Act, an administrative offence is committed by anybody
negligently perpetrating the above-mentioned actions.  The administrative offence can be punished
with a fine of up to DM 50,000.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreementfor the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relations hip between it and your national legislation.
                                                     
11 See footnote 4 above.IP/C/W/117/Add.10
Page 91
EC Regulation No. 2081/92 on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs (OJ No. L 208, 24 July 1992, p. 1) is directly applicable
in Germany.
Germany has entered into the following bilateral agreements on the protection of
geographical indications which through ratification have become applicable as German law (seereference in IP/N/4/DEU/2 and IP/N/4/DUE/2/Corr.1):
- Agreement between the Federal Republic of Germany and the French Republic on the
Protection of Indications of Source, Appellations of Origin and Other Geographical
Denominations of 8 March 1960 (BGBl. 1961 II, p. 482) with amendments of
23 April 1969 (BGBl. 1969 II, p. 856, 2064);
- Agreement between the Federal Republic of Germany and the Italian Republic on the
Protection of Indications of Source, Appellations of Origin and Other Geographical
Denominations of 23 July 1963 (BGBl. 1965 II, p. 156, BGBl. 1967 p. 1815);
- Agreement between the Federal Republic of Germany and the Kingdom of Greece on
the Protection of Indications of Source, Appellations of Origin and Other
Geographical Denominations of 16 April 1960 (BGBl. 1965 II, p. 176, BGBl. 1967
p. 1944) with amendments of 23 April 1969 (BGBl. 1969 II, 854) and of
24 May 1972 (BGBl. 1972 II, 564);
- Treaty between the Swiss Confederation a nd the Federal Republic of Germany on the
Protection of Indications of Source an d Other Geographical Denominations of
7 March 1967 (BGBl. 1969 II. p. 138);
- Treaty between the Federal Republic of Germany and the Spanish State on the
Protection of Indications of Source, Appellations of Origin and Other Geographical
Denominations of 11 September 1970 (BGBl. 1972 II, p. 109, BGBl. 1973, p. 1305)
with amendments of 10 October 1994 (BGBl. 1994 II, p. 3534, BGBl. 1995 II,
p. 492).
Germany is also a member of the International Wine and Vine Office (OIV), which provides
for a separate registration system for the recognition of indications or designations of geographical
origin for wine products including wine spirits.
53. What other international agreements, if any, have been entered into?  What do these
agreements provide?
Germany is a party to the following multilateral agreements relevant to the protection of
geographical indications:
- Paris Convention for the Protection of Industrial Property (1967) (see Articles 10
et seq .);
- Madrid Agreement for the Repression of False or Deceptive Indications of Source on
Goods (1967).IP/C/W/117/Add.10
Page 92
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's Industrial Property Law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or thegeographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
(a) Geographical Indications for Wines
Under Article 72(a) of Regulation (EEC) 823/87, Member States have to adopt suitable
measures to enable the persons concerned, pursuant to the provisions of Articles 23 and 24 of theAgreement on Trade-Related Aspects of Intellectual Property Rights, to prevent in the Community the
use of geographical indications for products whose origin does not correspond to the place specified
in the geographical indication, even if the actual origin is indicated or if the geographical indication is
used in a translation or together with expre ssions like "method", "type", "style", "imitation".
According to Section 3 of the Act Against Unfair Competitions  (Gesetz gegen den unlauteren
Wettbewerb ), the persons concerned may claim injunctive relief under civil law.
Furthermore, the Land
12 authorities in charge of the controls, including wine inspectors, may
prohibit the placing on the market as well as imports and exports of products for which misleadingindications, designations, other information or presentations are used and may withdraw these
products from the market.  Misleading also means presentations, designs or correct information which
could raise false expectations regarding the geographical origin of the products.  This rule also applies
if the producer country has been duly indicated (Section 25, paragraphs 1 and 3 of the Wine Act).
Such a violation can also be prosecuted under criminal law (Section 48, No. 4 of the Wine Act).
(b) Geographical Indications for Spirits
Under the Act on Foods and Commodities (Article 17) as well as under the Act Against
Unfair Competition (Article 3), imposing a general ban on the misrepresentation and deception ofconsumers, it is in any case inadmissible to place a spirit drink on the market under a protected
geographical indication, unless it comes from this geographical region.  Neither would the use of
indications such as, for example "according to type",  "similar" etc. render it admissible.  It should be
pointed out in the context that the use of such "indications of similarity" is expressly prohibited under
Article 8 of the EC Regulation on spirit drinks, No. 1576/89, already in the case of protected generic
designations such as whisky, for example.  It would all the more  be inadmissible for protected
geographical indications, which are to be protected more strongly than generic designations (so-called"all the more" conclusion).
To sum up, it may be said that in the spirit drinks sector the civil persons concerned
(competitors, consumer or producer protection associations) can take action against the inadmissible
use of geographical indications by a judicial injunction under Article 3 of the Act Against UnfairCompetition, or alternatively the responsible food control authorities, can resort to official
enforcement under Article 17 of the Act on Foods and Commodities.
                                                     
12 See footnote 4 above.IP/C/W/117/Add.10
Page 93
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's Industrial Property Law and/or related law, or
are there any substantive criteria to distinguish these terms?
(a) Geographical Indications for Wines
EC wine legislation and the German Wine Act use different legal terms for geographical
indications or the indication or origin of products without any factual differences in principle.  Neither
EC wine legislation nor the national wine law contain the term "designation of origin".
Name of a geographical unit (Article 2, paragraph 3(a);  Article 4, paragraph 1;  Article 11,
paragraph 2(1);  Article 13, paragraph 1;  Article 20, paragraph 3(a);  Article 23, paragraph 1 cf
Regulation (EEC) No. 2392).  The statutory list defines this as the name of a specified region, a region
which is not a specified one (wine-growing area or area cultivating vin de pays  (Landwein ), a
subregion or part of a subregion, a community or part thereof, a vineyard site or a unit comprising
several vineyard sites (collective site or area).
Geographical indication (Title of Section 23 of the Wine Act).  The catalogue of admissible
geographical indications under the Wine Act includes the following:  the name of the specified
wine-growing area, names of vineyard sites and areas registered in the vineyard register, names of
communities and parts thereof, names of areas cultivating vin de pays  (Landwein ), names of areas,
names of wine-growing areas and subregions.
This catalogue basically matches that containing the names of geographical units of EC
legislation, but makes their use conditional on specific prerequisites or restricts their use.
Geographical description (Article 26, subparagraph 1(a);  paragraph 2(b);  Article 29 of
Regulation (EEC) No. 2392/98;  heading of Section 39 (Wine Ordinance).  This term is also identical
with the term "geographical indication".
Indication of origin/origin indication (Section 23 (1) of the Wine Act;  Section 39(5) of the
Wine Ordinance;  and the heading of Section 40 of the Wine Ordinance).  These terms are identical
with the term "geographical indication".
(b) Geographical Indications for Spirits
The EC Law on spirit drinks does not differentiate between a "geographical indication", a
"designation of origin" or an "indication of origin".  Instead, it uses in Article 5, paragraph 3 of
Regulation (EEC) No. 1576/89 in conjunction with Annex II to this Regulation the term"geographical indication".  The definition of a geographical indication in Article 5, paragraph 3(b) of
Regulation (EEC) No. 1576/89, according to which the production stage, in which the spirit drink
with a geographical indication obtains its character and its final properties, comprises substantively -
according to the product and the respective traditional production - apart from indications of
geographical origin also the "stricter" case of a geographical designation of origin as defined inFrench law, for example.
The EC Law on spirit drinks knows, apart from the "geographical indications" as defined in
Article 5, paragraph 3 of the Regulation (EEC) N o. 1576/89, also so-called "reserved designations"
(see Article 12, paragraph 2 of Regulation (EEC) N o. 1576/89).  These are designations such as Korn,
Kornbrand, Grappa, Ouzo, Pacharan  and Jagatee , the use of which in the sense of traditional
indications of geographical origin related to (language areas) was exclusively reserved to specificIP/C/W/117/Add.10
Page 94
Member States or regions.  As can be gathered from the respective definitions in Article 1, paragraph
4 of Regulation (EEC) No. 1576/89, all production stages have to take place in the respective reserved
area in the case of these so-called "reserved designations" - in contrast to "geographical indications"
as defined in Article 5, paragra ph 3 of Regulation (EEC) No. 1576/89.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
(a) Geographical Indications for Wines
Under Article 15, paragraph 4 of Regulation (EEC) 823/87, the name of a specified
wine-growing area or a community or of a part thereof assigned in line with Community or national
regulations may not be used by others to  designate products of the wine sector.
Article 39, paragraph 1 of the Wine Ordinance stipulates the following:If the name
(1) of an area is used to designate a quality wine psr, it should be preceded by the
indication "area" in characters of the same type, size and colour, if it is identical or
could be confused with any other geographical indication;
(2) of a site is used to designate a quality wine psr, the names of the community or part
thereof should be added.
(b) Geographical Indications for Spirits
There is no special regulation governing the use of possible homonymous geographical
indications in the spirit drinks sector.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's Industrial Property Law and/or related law provide the refusal or
invalidation of a trade mark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
It can be referred to paragraph 2 of the answer to question under I above.IP/C/W/117/Add.10
Page 95
Responses from Italy
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. G ENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a formal procedure for notification/registration
before protection is available; or through both?  Does the recognition of a geographical indication
require registration?
On a general basis, our legislation envisages the protection of geographical indications
through notification and registration.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
Negative answer.  There are different regimes:  for wines, we signal Law 164 of
10 February 1992 in application of EEC Regulation 823/87, published in the Official Journal of
26 February 1992;  for alcoholic drinks, we signal the Decree of the President of the Italian Republic
of 16 July 1997, No. 297, in application of EEC Re gulation No. 1576/89;  for agro-food, the reference
is to Article 2 of EEC Regulation No. 2081/92 with sectoral provisions of procedural origin.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
The protection for wines concerns also distribution and marketing phases.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
In order to recognize the geographical indications, usually application provisions are applied
for the protection indicated in Article 22.2, even the provisions existing before the CommunityRegulation for the different sectors (i.e. the Law of 5 February 1992, No. 169 concerning the
controlled designation of origin of olive oils);  in accordance with Article 23.1, the provisions of the
Law of 10 February 1992, No. 164 are applied for wine s, while the provisions of the Presidential
Decree, No. 297 of 16 July 1997, are applied for alcoholic drinks.
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protection
required is provided.
The recognition is possible exclusively through specific regulations.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Ministerial Decree of 18 May 1998 concerning the recognition of wine DOC "Molise" in
accordance with Law 164/92;  Ministerial Decree of 4 July 1997 concerning the recognition of DOC
oil from Tuscany in accordance with Law 169/92.IP/C/W/117/Add.10
Page 96
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.
Positive answer, it applies to all agro-food products registered in accordance with Regulation
(EEC) No. 2081/92.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Geographical indications are those which identify a product as originating from the national
territory or from a region or a determined place of such territory when a certain quality, fame or other
characteristics of the product can be essentially attributed to its geographical origin;  for the differentsectors, we use the Community definitions contained in Regulations on wines, alcoholic drinks,
flavoured wines and agricultural and agro-food productions.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
No.  The quality or reputation must be directly linked with geographical origin.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
For the wine sector, we apply Community provisions indicated in (EEC) Regulation
No. 822/87 and at national level the provisions indicated in Law 164/92;  for alcoholic drinks, we
apply the provisions of (EEC) Re gulation No. 1576/89;  for flavoured wines, we apply the provisions
of (EEC) Regulation No. 1601/91;  the agro-food sector follows (EEC) Regulation No. 2081/92.
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors?
Positive answer for both questions;  in fact, as for wines and agro-food products, protection
depends also on human factors linked to the preparation of products.
12. Are there any other intellectual property rights involved, such as patents for example?
Negative answer.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
The definition is indicated in the production criteria approved by the competent public
authority.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
Positive answer.  Article 24, subparagraph 4 bis of Law 164/92, as modified by the Legislative
Decree of 19 March 1996, No. 198.IP/C/W/117/Add.10
Page 97
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Only in case of bilateral agreements.  In all other cases, the national legislation is adapted to
Community rules.  We signal for the wine sector a determined agreement with the Swiss Government;
for the dairy products sector, we refer to the multila teral agreement of Stresa, which implies also third
countries.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
There are not any specific provisions, also on the basis of the Community Regulation of the
sector.
C. RECOGNITION PROCEDURES
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?
The activation of the formal recognition system can be subject to public or private initiatives.
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
The competent authority on the basis of institutional regulation is the Ministry for
Agricultural Policies, as a centre for the coordination of regional policies, also through the action ofthe various sector committees.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The initiative for the implementation of recognition procedures can be carried out following a
public (regions) or private initiative.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
Except the usual administration fees, there are no specific contributions linked to the right of
use of a geographical indication.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
Not exclusively.  In fact, the features connected with natural environment and human factors
are taken into account.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
See the answer to question 21 above.IP/C/W/117/Add.10
Page 98
23. What information must be supplied in an application for rights in a geographical indication?
Information is the one required by Law 164/92 for the wine sector;  the agro-food sector is
ruled by disposition of (EEC) Regulation No. 2081/92.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
Positive answer, according to criteria of the relative production regulations.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?
Opposition mechanisms are indicated for the wine sector by Law No. 164/92, while for the
agro-food sector they are indicated by Article 7 of (EEC) Regulation No. 2081/92.
26. Who can oppose the recognition of a geographical indication?
For the wine sector, according to Law No. 184/92, anybody can oppose the procedure,.
However, the competent public authority and the sector committee have to verify.  For the agro-food
sector, Article 7 of (EEC) Regulation No. 2081/92 points out who can oppose the recognition of a
geographical indication.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
Protection is applied in accordance with the obligations under the TRIPS Agreement.
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
Without prejudice to the verification of the persistence of requirement, there are no limits of
time.
29. If recognition of a geographical indication mu st be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
Negative answer.  There are no renewal procedures for a geographical indication.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
In general for the wine sector identification is annulled when the rights are not activated in the
time foreseen by the national legislation.  (Article 9 of Law 164/92).
31.  Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
For the wine sector, limits for non-use are indicated in Article 9 of Law 164/92.IP/C/W/117/Add.10
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32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
Authorities of the central and peripheral public administration together with sector
committees and the consortiums which have the task of monitoring in the sectors of their competence.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
For the wine sector, procedures and forms are indicated in Law 164/92.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.
Law 164/92 provides for the wine sector, while (EEC) Regulation No. 2081/92, Article 11
provides for the agro-food sector.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
For the wine sector, the relative provisions are indicated by Law 164/92, Chapter II;  for the
agro-food sector, it is necessary to prove the forfeiture of requirements occurring after the Communityregistration, according to (EEC) Regulation No. 2081/92.
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographicalindication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
Yes, but the relative production criteria must be observed.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
There are no particular parties.  However, the entity responsible for the recognition is
competent in this sector.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
We confirm that, according to the national legislation, the authorization to use a  geographical
indication is not submitted to the payment of particular fees.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
The relative procedures are foreseen by Law 164/92 for the wine sector, and by (EEC)
Regulation No. 2081/92 for the agro-food sector.IP/C/W/117/Add.10
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40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?
We point out that in the wine sector time-limits of non-use of the denomination are fixed.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
The normal legal objection ways are used.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,
what is the effect on the geographical indication?
Negative answer.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
On the basis of the Community provisions in this matter.
F. RELATIONSHIP TO TRADE MARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
We refer to the Community Regulations on this matter.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
We refer to the Community Regulations on this matter.  In any case, trade marks formed by
false geographical indication are nullified.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
We refer to the Community regulations on this matter, in particular for the agro-food sector to
Article 13 of (EEC) Regulation No. 2081/92.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available underunfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
Law 164/92 and the other national legislation provide for regulations of sanctions character
(Cf. Cap. X of Law 164/92).
48. Who has the right to enforce a geographical indication?
The competent public administrations together with the producers associations (protection
consortiums).IP/C/W/117/Add.10
Page 101
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
Administrative courts and ordinary courts.  Specific fees are not foreseen, but only the normal
court costs.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
Positive answer.  It is made through publication in the Official Journals of the member State.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
We refer to the sanctions system foreseen for the wine sector, by Law 164/92.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement
for the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relations hip between it and your national legislation.
As we have already pointed out, in the wine sector is in force the bilateral agreement with
Switzerland, while for the dairy sector there is the multilateral agreement of Stresa, which was signed
also by third countries.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
Negative answer.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
The National Law, No. 164 of 10 February 1992, for wines contains a clear distinction
between the terms "geographical indication" and "denomination of origin".  For other products of the
agricultural and agro-food sector, please see the distinctions indicated in EEC Regulation
No. 2081/92.
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?IP/C/W/117/Add.10
Page 102
Positive answer.  The national law which prevents the use of geographical indications for the
products which do not come from the indicated pl ace is Law No. 164 of 10 February 1992, Article 28.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
Positive answer.  The rule foresees the refusal or invalidity of the registration of a trademark
containing or constituted by geographical indications which identify products that do not come from
the indicated territory.  This rule is contained in Law No. 164 of 10 February 1992, Article 24.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
Positive answer.  The rule which indicates the criteria for the use of geographical indications,
through the appropriate differences, is contained in Law No. 164 of 10 February 1992, Article 24,
subparagraph 4 bis.IP/C/W/117/Add.10
Page 103
Responses from the Netherlands
RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
INTRODUCTORY REMARK
In the Netherlands, the Agricultural Produce Decree ( Landbouwkwaliteitsbesluit geografische
aanduidingen, oorsprongsbenamingen en specifiteitscertificering, hereafter referred to as "LGAOS")
is the only regulation that explicitly covers geographical indications. Other regulations refer in more
general terms to designations of origin. Since these also include geographical indications, these other
regulations will be considered as well. The latter category, however, does not always link a product’s
origin with quality, reputation or another essential characteristic.
That is why we have considered the regulations referring to these general designations of
origin only in the answers to the questions under A.  In other sections, these regulations have not been
considered, unless this is specifically mentioned.
LGAOS is a national decree adopted to implement Council Regulation 2081/92 (EEC), that
aims to protect geographical indications and design ations of origin. Since EU Regulations also apply
under Dutch law, reference is made to Regulation 2081/92 in the answers.
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
Various national rules provide for the protection of geographical indications and designations
of origin:
(1) The Civil Code ( Burgerlijk Wetboek ) protects against wrongful use of geographical
indications by means of provisions regarding misleading advertisements. Misleading
claims regarding the origin of products or services provided commercially constitute
tort (Civil Code, Section 6:194). The civil court can impose compensations or
injunctions. No further requirements to ensure protection against misleading claims
are defined.
(2) The Commodities Act ( Warenwet ) has a general provision that prohibits advertising
for a commodity in the pursuance of a professi on or trade in a way that is in violation
of the provisions on the designation of the commodity’s origin (Commodities Act,
Section 20, paragraph 1, concerning section 8, under c). Under a decree on thelabelling of foodstuffs ( Warenwetbesluit etikettering van levensmiddelen ), pre-
packaged food and drinks must indicate the place of origin or provenance to prevent
buyers of the product from being misled as to the product’s true origin or provenance.
(3) The Dutch Advertising Code was drawn up by the advertising branch for self-
regulation. The Code contains a general provision (Section 7) stating that
advertisements may not be misleading, notably with respect to a product’s origin or
provenance.IP/C/W/117/Add.10
Page 104
(4) The Benelux Trademark Law may provide some protection as to geographical
indications that have been registered as collective brands (Section 19). The use of
geographical indications in accordance with normal trade practice and in everyday
language can, however, not be prevented.
(5) In addition to the general protection as described above, there are various specific
regulations that provide protection of geographical indications:
(a) The Agricultural Produce Decree ( Landbouwkwaliteitsbesluit geografische 
aanduidinge, oorsprongsbenamingen en specifiteitscertificering (LGAOS)) 
was adopted to implement Council Regulation 2081/92. Only registered 
geographical indications and designations of origin come under this decree.
(b) Other agriculture quality regulations (for cheese products, for instance) and 
regulations adopted under the Industrial Organisation Act (the 1978 wine 
regulation for instance, laid down by the Central Commodity Board for 
Arable Products) provide for the use of geographical indications. Sometimes, 
this concerns the use of the Holland kwaliteit  label. Regulations under the 
Industrial Organisation Act generally lay down the requirements products 
must meet if they wish to be provided with a certain geographical indication.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
The protection provided under the Civil Code, Section 6:194, the Trademark Law and the
Dutch Advertising Code applies to all commodities and services. Protection under the CommoditiesAct applies to all commodities. The Agricultural Produce Decree, the agriculture quality regulations
and the regulations adopted under the Industrial Organisation Act only apply to agricultural produce
and foodstuffs.
Geographical indications not specifically protected under LGAOS enjoy protection under the
above mentioned  regulations.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
The protection of geographical indications only extends to services in cases of misleading
advertising (tort) and trademark law.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
The Civil Code, Section 6:194, recognises the protection of geographical indications required
by Article 22 of the TRIPS Agreement:
"Hij die omtrent goederen of diensten die door  hem of degene ten behoeve van wie hij handelt
in de uitoefening van een beroep of bedrijf worden aangeboden, een mededeling openbaar
maakt of laat maken, handelt onrechtmatig, indien deze mededeling in een of meer opzichtenmisleidend is, zoals ten aanzien van:
(...)
de herkomst (...) van vervaardigen."IP/C/W/117/Add.10
Page 105
("He who, in the pursuance of a profession or trade, makes public or has made public a
statement with respect to goods or services offered by him or on behalf of the person he acts
for, acts wrongfully if this statement is misleading in one or more ways, with respect to, for
instance,
(...)the origin (...) of manufacture.")
Protection against unfair competition is provid ed for by Section 6:162 of the Civil Code:
"1. Hij die jegens een ander een onrechtmatige daad pleegt, welke hem kan worden
toegerekend, is verplicht de schade die de ander dientengevolge lijdt, te vergoeden.
"2. Als onrechtmatige daad worden aangemerkt een inbreuk op een recht en een doen of
nalaten in strijd met een wettelijke plicht of met hetgeen volgens ongeschreven recht in het
maatschappelijk verkeer betaamt, een en ander behoudens de aanwezigheid van een
rechtvaardigingsgrond.
"3. Een onrechtmatige daad kan aan de dader worden toegerekend, indien zij te wijten is
aan zijn schuld of aan een oorzaak welke krachtens de wet of de in het verkeer geldende
opvattingen voor zijn rekening komt."
("1. He who acts wrongfully towards another, for which action he can be held
accountable, is obliged to compensate the other party for the damages suffered.
"2. A wrongful act is a breach of another’s right and an act or failure to act which is in
conflict with legal obligations or unwritten social mores, for which no justification exists.
"3. He who commits a wrongful act may be held accountable if the act is the result of his
own shortcoming or another cause which by law or in the general social view is his
responsibility.")
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
-
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Most complaints about geographical indications are investigated on the grounds of the Dutch
Advertising Code, since filing a complaint with the Advertising Code Foundation is less of a step than
filing a complaint under the Civil Code. However, the Advertising Code Foundation is only
authorised to make recommendations; it has no power to impose injunctions or compensations. Mostcomplaints pertain to the use of geographical indications such as "Made in Holland" when in actual
fact the product concerned was manufactured elsewhere. Most of the remaining cases concern
violations of the Benelux Trademark Law.
There are no known civil law suits regarding real geographical indications as described in
Article 22 of the TRIPS Agreement.IP/C/W/117/Add.10
Page 106
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.
Yes.  Regulation 2081/92 offers such protection.
B. D
EFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
For a definition of geographical indications, LGAOS (the Agricultural Produce Decree) refers
to the first paragraph of Article 1 of EU Regulation 2081/92.  Next to geographical locations, the EU
Regulation also defines designations of origin, for which more stringent requirements apply (the
product has qualities or characteristics which are essentially or exclusively due to a particular
geographical environment with its inherent natural and human factors, and the production, processingand preparation of the product take place in the defined geographical area).  Our answers in this
document do not pertain to designations of origin.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
No, the definition only applies for direct indications, that is the name of a specific place,
region or country.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
(a) The agricultural product or foodstuff must originate from the region, specific place
or, in exceptional cases, country named;
(b) the origin of the product is connected to a particular quality, reputation or other
characteristic; and
(c) the product must be produced and/or processed and/or prepared in the defined
geographical area.
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
No.
12. Are there any other intellectual property rights involved, such as patents for example?
See question 2 above (trademark law).
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
The party applying for the registration of a geographical indication must delineate the
geographical area, in pursuance of Article 4, paragraph 2(c) of the EC Regulation.  The application isIP/C/W/117/Add.10
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assessed by the Central Commodity Board for Arable Products (AKK) (LGAOS, sections 4 and 5,
concerning section 2 of the Agricultural Produce Regulation or Landbouwkwaliteitsregeling ).
14. Does your legislation contain criteria for homonymous geographical indications for wines?
The Verordening hpa Wijn 1997  (wine regulation) laid down by the AKK implements EC
Regulation 2392/89 of 24 July 1989, laying down general rules for the description and presentation of
wines and grape musts, in the Netherlands.
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
The Netherlands was not a party to the Madrid  Agreement to combat false denominations of
origin nor to the Lisbon Agreement to protect and register designations of origin. Under EC
Regulation 2081/92, registered geographical indications are protected throughout the EU (Article 2).Under strict conditions, agricultural products or foodstuffs from third countries may be eligible for
protection according to the EC Regulation (Article 12). General provisions protect all geographical
indications regardless of origin against wrongful use (tort) and misleading advertising (see under
questions 1, 2 and 4 above).
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
In the Netherlands, provisions regarding tort and misleading advertising (see under questions
1, 2 and 4 above) protect consumers against misleading geographical indications regardless of
whether the indication is protected in the country of origin or not.
C. P
ROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
The rights of a registered geographical indication in pursuance of EC Regulation 2081/92
cannot be held by a natural or legal person. Normally, a group of producers or manufacturers of a
product or foodstuff, and in exceptional cases a natural or legal person, may apply for the registration
of a geographical indication (Article 5, paragraph 1 of EC Regulation 2081/92). Dutch natural or legalpersons wishing to submit such an application must be a member of one of the four commodity boards
(milk; fruit and vegetables; poultry eggs and egg products; meat products) (LGAOS, section 6). The
National Inspection Service for Livestock and Meat (RVV) is the competent authority for products
which do not fall in one of these four categories.
18. What are the compet ent authorities where the protection of a geographical indication can be
obtained?
Applications must be submitted to the Central Commodity Board for Arable Products, which
is responsible for the primary assessment. It is then passed on to the Minister of Agriculture, NatureManagement and Fisheries, who must determine whether the reason for the application is justified
and, if so, it is forwarded to the European Commission which completes the registration.IP/C/W/117/Add.10
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19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
An application procedure is required for the recognition of a geographical indication (see also
the answers to questions 17 and 18 above).
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
No fees are involved in an application or maintenance of rights in a geographical indication.
21-24. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature? What other criteria, if any, must be set out in anapplication for recognition of a geographical indication?   What information must be supplied in an
application for rights in a geographical indication?   Must the goods or services with respect to which
a geographical indication is claimed be set out?
For a geographical indication to be registered, a product dossier must be submitted containing
at least (Article 4, paragraph 2 of EC Regulation 2081/92):
a) the name of the agricultural product or foodstuff, including its geographical
indication;
b) a description of the agricultural product or foodstuff, including, if applicable, its
ingredients and primary physical, chemical, microbiological and/or organoleptic
characteristics;
c) the delineation of the geographical area;
d) information indicating that the agricultural product or foodstuff originates from the
defined geographical area;
e) a description of how the product was made and if applicable, of authentic, regional
production methods;
f) information proving the product’s relation with the geographical area;
g) the name of the competent authority which sees to it that an agricultural product or
foodstuff meets the requirements of the product dossier;
h) specific information regarding labels on packaging and claims such as ‘protected
geographical indication’ or equivalent claims to tradition;
i) if applicable, a summary of EU or national conditions which the product must comply
with.
25/26. What mechanisms are provided to oppose th e recognition of a geogr aphical indication?  How
is an investigation conducted after such a co mplaint? Who can oppose the recognition of a
geographical indication?
Any natural or legal person able to prove that he or she might be economically disadvantaged
by the Commission’s intended registration may file an objection within five months of publication ofIP/C/W/117/Add.10
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the intended registration in the Official Journal of the EU. A declaration of the grounds of the
objection must be sent to the Central Commodity Board for Arable Products. On the basis of this
declaration, the Minister of Agriculture shall decide whether or not to object to the registration with
the Commission (section 4, Agricultural Produce Re gulation). The objection procedure shall be
carried out in accordance with the provisions in Article 7 of the EC Regulation (Member States must
reach consensus on the objection and failing this  the Commission is charged with the decision.)
27. If your national legi slation provides for recognition and protection of geogr aphical indications
or appellations of origin of foreign countries, what is the procedure that has to be followed in order toobtain such recognition and consequent protection?
The same procedure applies for geographical indications from third countries as for
geographical indications from EU Member States (Article 12 of the EC Regulation).
D. M
AINTENANCE
28. How long does recognition for a geographical indica tion continue?
Unlimited.
29. If recognition of a geographical indication must be renewed or reaffirmed, what information
must be provided in order to effect such a rene wal or reaffirmation?  Spec ify any fees involved in
renewal or reaffirmation.
-
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
No.
31.  Is there a specified limit fo r non-use before rights in a geogr aphical indication cease and, if
so, what is that limit?
No.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
The five competent authorities named in the answer to question 17 above (LGAOS,
section 7).
33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
-
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.IP/C/W/117/Add.10
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No.
35. Do the procedures which lead to forfeiture  of a geographica l indication take place ex officio
or must they be based on the initiative of an entity or person?
-
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the cr iteria submitted to obtain recognition of a geographical
indication use t hat geographical indica tion after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
A producer or manufacturer wanting to use a protected geographical indication must join one
of the organisations listed in the response to question 17 above (section 6, paragraph 2 of LGAOS).
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity  that obtained the recognition?
Members of the organisations listed in the answer to question 17 are authorised to use
geographical indications under the supervision of named bodies.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
No fees are involved in acquiring authorisation to use a particular geographical indication.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
A dispute regarding the use of a geographical indication by a particular party can be resolved
by filing a civil lawsuit against the allegedly unlawful user of this indication (see under question 1
above).
40. Must individual authorized users of a geographical indication use that geographical indication
continually to retain their right to use it and, if so, how is their use determined and how long willdisuse be permitted?
No.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
-
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,
what is the effect on the geographical indication?
No.  The right to use a geographical indication in pursuance of EC Regulation 2081/92 cannot
be owned by a natural or legal person; thus, licences are not granted.IP/C/W/117/Add.10
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43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
An objection against an intended registration of a geographical indication (see the answers to
questions 25 and 26 above) may be made on the grounds that the registration would damage anexisting brand or product which has exactly or partly the same name and which was legally available
on the market on 24 July 1992 (date of publication of the EC Regulation) (Article 7, paragraph 4 of
the Regulation).
F. R
ELATIONSHIP TO TRADEMARKS
44-46. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nu llified and impaired? What steps are taken to ensure
that, in recognizing a geographical indication, the obligations of Article 16.2 and 16.3 of the TRIPSAgreement are not nullified and impaired?   What procedures are foreseen in case of a conflict of a
geographical indication with a trademark?
The licenceholder of an existing brand can object to an intended registration of a particular
geographical indication (see the answer to question 43 above).
The registration of a brand which coincides with a particular geographical indication will be
rejected, unless the registration was applied for or obtained before the publication of the registration-
application of the geographical indication concerned. Brands registered in contradiction with this
ruling shall be rendered null (Article 14, paragraph 1 of the EC Regulation).
A brand which is equivalent to a geographical indication and which was submitted for
registration in good faith before an application was made for a geographical indication may be used,
provided that it does not consist exclusively of names used in trade to indicate a designation of origin,
or which could mislead the public as to the place of origin (Article 14, paragraph 2 of the Regulationconcerning Article 3, paragraph 1, sub c a nd sub g of the EC Trademark Directive).
A geographical indication will not be registered if, in view of a brand’s name and fame and
the length of time that it has been used, the registration might mislead consumers as to the real
identity of a product with such a geographical indication (Article 14, paragraph 3 of the Regulation).
In accordance with the Benelux Trademark Law (section 5(2c)), the right to hold a brand is
withdrawn if the brandname of the goods or services  concerned is used in such a way that the public
may have been misled regarding the geographical origin of the goods or services.
An amendment to the Benelux Trademark Law will come into effect shortly, rendering
registered brands null and void which bear geographical indications or which pertain to wines or
spirits which do not originate from the geographical area named on the mark (section 4, under 7
Benelux Merkenwet ).
G. E
NFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they havenot been notifie d under Article 63.2 of the TRIPS Agreement, please provide copies.IP/C/W/117/Add.10
Page 112
The competent authorities listed in the response to question 17 above enforce compliance
with the provisions in a product dossier and carry out inspections of products bearing a geographical
indication (section 7 of LGAOS).
In addition, the Health Protection Inspectorat e (Government Food Inspection Service) is
authorised to hand out fines and initiate lawsuits.
The Civil Code protects against unlawful use of a geographical indication on the grounds of
Acts described in the answer to question 1 above (under (1), (2), (4) and (5)). Self-regulation,
mentioned under (3) in that answer, is real ised through the Advertising Code Foundation.
48. Who has the right to enforce a geographical indication?
Any person wanting to be protected against misleading geographical indications.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
See the answer to question 47 above.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
Intended registrations of geographical indications are published in the so-called PBO
newsletter (of the Central Commodity Board for Arable Products) immediately following publicationin the Official Journal of the EU.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
Members of the organisations listed in the answer to question 17 above found in violation of
LGAOS will be discipline d, unless the prosecuting attorney in consultation with the competent
authority concerned decides that the violation must be tried in the criminal court of law (see
section 13 concerning section 18(2) of the Landbouwkwaliteitswet ). Disciplinary measures are:
reprimands, monetary fines up to Dfl. 10,000, increased supervision for a maximum of two years and
publication of the disciplinary decision.
Violations by non-members will always be treated as a criminal offence.
A person found guilty of breaching the Landbouwkwaliteitswet  (Agricultural Produce Act)
will be sentenced in pursuance of the Wet op Economische Delicten  (Economic Misdemeanours Act),
with a maximum fine of Dfl. 25,000.
H. I
NTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation.
No.IP/C/W/117/Add.10
Page 113
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
No agreements with any relevance to geographical indications.IP/C/W/117/Add.10
Page 114
 Responses from Spain
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical indication require
registration?
In Spain, in order that a geographical indication may be protected from being used falsely on
an unentitled product, the indication must have been approved as a Designation of Origin (PDO,
quality wine psr), a Specific Designation (PGI), a Geographical Designation (for spirit drinks only) or
a Geographical Indication for so-called "vinos de la tierra" (local wines).
This approval is made effective through legal provisions, normally Orders ("Ordenes"), which
are published in the corresponding Official Journal ("Boletin Oficial") of the Autonomous
Community concerned and, subsequently, in the Official Journal of the State.  From this point on, the
protection is in effect and it is not necessary to implement any other procedure, such as registration.
2. Is there one single regime of protection of ge ographical indications for all products?  If not,
identify the different regimes.
At present, there are four regimes of protection according to product type.  These are based on
the following provisions:
- For wines with a Designation of Origin (quality wines psr), Law 25/1970, Vineyard,
Wine and Alcohol Regulations (Articles 81, 82 and 83);  Regulation (EEC) 823/87
laying down special provisions relating to quality wines produced in specified regions(Article 15.4);  and Regulation (EEC) 23 92/89 laying down general rules for the
description and presentation of wines and grape musts (Article  40);
- For table wines entitled to the indication "vinos de la tierra", the Order of
11 December 1986 establishing the rules for the use of geographical names and the
term "vino de la tierra" in the description of table wines (Articles 2 and 3);
Regulation (EEC) 822/87 on the common organization of the market in wine
(Article 72.4);  and Regulation (EEC) 23 92/89 laying down general rules for the
description and presentation of wines and grape musts (Article 40);
- For spirits, Law 25/1970, Vineyard, Wine and Alcohol Regulations (Articles 81, 82
and 83);  and Regulation (EEC) 1576/89 laying down general rules on the definition,description and presentation of spirit drinks (Article 5.3);
- For other agri-food products, Law 25/197 0, Vineyard, Wine and Alcohol Regulations
(Articles 81, 82 and 83);  and Regulation (EEC) 2081/92 on the protection of
geographical indications and designations of origin for agricultural products andfoodstuffs (Article 13).
Furthermore, in general terms, Law 32/88 on Trademarks stipulates that signs which may
mislead the public as to the true geographical origin of the product may not be registered as
trademarks (Article 11.1.f) and, within the EU, it is also necessary to take into accountIP/C/W/117/Add.10
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Directive 79/112/EEC on the approximation of the laws of the member States relating to the labelling,
presentation and advertising of foodstuffs (Article 2.1.a.i).
3. Do(es) the regime(s) of prot ection of geographical indications also extend to services?
The protected geographical indications (in the various forms described in the reply to
question 1 above) extend only to agri-food products and not to any other type of products or services,
either in Spain or at EU level.
4. What provisions of law or  regulations are directed to  the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TR IPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
The provisions directed to the recognition of geographical indications required by
Articles 22.2 and 23.1 of the TRIPS Agreement are t hose described in the reply to question 2 above.
The provisions preventing the wrongful use of geographical indications (as set out in
Articles 22.2 and 23.1 of the TRIPS Agreement)  are: Law 25/70, Regulation (EEC) 2392/88,
Regulation (EEC) 2081/92, Law 32/88 and Directive 79/112/EEC.
Moreover, to ensure that the protection of geographical indications required by Articles 22
and 23 of the TRIPS Agreement is properly applied, the following legal texts have been introduced:
- Article 72 of Regulation (EEC) 822/87 (for wines);- Article 11 of Regulation (EEC) 1576/89 (for spirit drinks);
- Article 10 of Regulation (EEC) 1601/91 laying down general rules on the definition,
description and presentation of aromatized wines, aromatized wine-based drinks and
aromatized wine-product cocktails (for aromatized wines).
5. If the required recognition of geographical i ndications is not provided through statutes or
regulations, please explain, in detail, the mec hanism or mechanisms thr ough which the protection
required is provided.
Protection for geographical indications is provided by the legislation already mentioned in the
reply to question 2 above.
6. Please provide a few examples of domestic ge ographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Quality wines psr
Examples: Jerez-Xeres-Sherry, Manzanilla Sanlucar de Barrameda, Malaga,
Montilla-Moriles, Rioja, Ribera del Duero, etc.
The geographical indication is first approved by the corresponding Autonomous Community
and then ratified by the Spanish State.  After that, it is recognized at Community level under
Article 1.3 of Regulation (EEC) 823/87.  It is protected under Article 15.4 ofRegulation (EEC) 823/87 and Article 40 of Regulati on (EEC) 2392/89.  Finally, it is registered and
published in the Official Journal of the European Communities.IP/C/W/117/Add.10
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"Vinos de la tierra"
Examples:  Medina del Campo, Ribera del Arlanza, Manchuela, Cebreros, etc.
These geographical indications are approved by the competent Autonomous Community.
Their protection is based on Article 72.4 of Regulation (EEC) 822/87 and Article 40 of Regulation(EEC) 2392/89.
Spirit drinks
Examples:  Brandy de Jerez, Pacahran Navarro, Orujo de Galicia, Chinchon, Palo de
Mallorca, etc.
These are recognized at Community level on the basis of Article 5.3 of Regulation
(EEC) 1576/89 and protected under its Article 5.3.b.  They are registered and published in Annex II of
the Regulation.
Other agri-food products
Examples:  Manchego cheese, Baena, Guijuelo, Alcarria honey, Navarre asparagus, etc.Registered under Article 17 of Regulation (EEC) 2081/92, simplified procedure for names
already legally protected in the member State.
Examples:  Huelva ham, Gallega veal, Almagro aubergine, etc.Registered under Articles 5, 6 and 7 of  Regulation (EEC) 2081/92, normal procedure.
The protection and the necessary criteria under Articles 2 (definitions) and 4 (specification) of
the Regulation are the same for both procedures.
7. Is the higher level of protection required fo r wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under which
they are protected.
Article 23.2 of the TRIPS Agreement establishes the possibility of the existence of
regulations which refuse or invalidate trademarks for wines or spirits which contain or consist of a
protected geographical indication for wines or spirits, respectively.
In Spain, there is a regulation which refuses requests for such a trademark but there is no
possibility of invalidation if the trademark was registered prior to the recognition of the geographical
indication and, accordingly, under certain conditions acquired rights apply.
What the Checklist calls a "higher level of protection" is available for:
- Wines with a Designation of Origin (quality wines psr), under Law 26/1970, which
establishes that trademarks which refer to DOs may be registered only if they are
used on products entitled to such a designation and subject to authorization by the
Regulatory Authority ("Consejo Regulador") (Article 83.3);  and Regulation
(EEC) 2392/89 laying down general rules for the description and presentation ofwines and grape musts (Article 40);
- Other agri-food products, under Re gulation (EEC) 2081/92 (Article 14);IP/C/W/117/Add.10
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- And, in general terms, under Law 32/88 on Trademarks, which stipulates that
Designations of Origin may not be registered as guarantee marks (Article 62.2).
Similarly, trademarks composed exclusively of indications used in trade to designate
geographical provenance are not registrable (Article 11.1.c).
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
The definitions of the types of protected geographical indications currently subject to
regulation in Spain are indicated below, together with the provision containing the definition:
At national level
DESIGNATION OF ORIGIN ("Denominacion de Origen - DO"), for wines, spirit drinks and
other agri-food products:
"Geographical name of a region, district, place or locality used to designate a product from
that area having distinctive qualities and characteristics due mainly to the natural environment
and to its preparation and cultivation.
"A geographical name of a region, district, place or locality is considered to be used to
designate a product originating in that area if it is permanently in wide circulation and well-known on the domestic market or has at least achieved a considerable reputation on a regional
scale or a developed market abroad" (Article 79 of Law 25/1970).
SPECIFIC DESIGNATION ("Denominacion Especifi ca - DE"), for spirit drinks and other
agri-food products:
"Description applicable to a product which has distinctive qualities among products of the
same kind due to its raw material base, environment or methods of production."  (Article 3 of
Royal Decree 1573/1985 regulating generic and specific names of food products.)
VINO DE LA TIERRA (for some table wines entitled to a geographical indication):
Term applicable to table wines from certain wine-growing areas by whose name it must be
accompanied.  These wines must satisfy certain conditions with respect to varieties, alcoholic
strength, volatile acidity and sulphur dioxide (Article 3 of the Order of 11 December 1986
establishing rules for the use of geographical names and the term "vino de la tierra" in the
description of table wines).
At European Union level
QUALITY WINE PRODUCED IN A SPECIFIED REGION (QUALITY WINE PSR) (and
its variants: quality sparkling wine psr, quality liqueur wine psr and quality semi-sparkling wine psr):
"Specified region shall mean a wine-growing area or combination of wine-growing areas
which produces wine possessing special quality characteristics and whose name is used to
designate them" (Article 3 of Regulation (EEC ) 823/87).  Some exceptions are allowed and
are listed in Article 15.3 of the Regulation, e.g. "Cava".IP/C/W/117/Add.10
Page 118
TABLE WINES DESCRIBED USING A GEOGRAPHICAL INDICATION:
"The said geographical indications shall correspond to a geographical unit which is smaller
than the Member State and may be: a small locality or a group of such localities, a local
administrative area or part thereof, a wine-growi ng subregion or part thereof or a region other
than a specified region (Article 4.1 of Regulation (EEC) 2392/89). ... In addition, thesegeographical indications shall be reserved for table wines meeting certain production
requirements, particularly as regards vine varieties, minimum natural alcoholic strength by
volume and organoleptic characteristics (Article 4.3 of the same Regulation)."
GEOGRAPHICAL DESIGNATION (GD) (for spirit drinks):Those listed in Annex II to Regulation (EEC) 1576/89 which "shall be reserved for spirit
drinks in the case of which the production stage during which they acquired their character
and definitive qualities took place in the geographical area indicated" (Article 5.3.b of the
Regulation).
PROTECTED DESIGNATION OF ORIGIN (PDO) (agri-food products, other than wines
and spirit drinks):
"The name of a region, a specific place or, in exceptional cases, a country, used to describe an
agricultural product or a foodstuff:
- "originating in that region, specific place or country;  and
- "the quality or characteristics of which are essentially or exclusively due to a
particular geographical environment with its inherent natural and human factors, and
the production, processing and preparation of which take place in the definedgeographical area" (Article 2.2.a of Regulation (EEC) 2081/92).
PROTECTED GEOGRAPHICAL INDICATION (PGI) (agri-food products, other than wines
and spirit drinks):
"The name of a region, a specific place or, in exceptional cases, a country, used to describe an
agricultural product or a foodstuff:
- "originating in that region, specific place or country;  and- "which possesses a specific quality, reputation or other characteristics attributable to
that geographical origin and the production and/or processing and/or preparation ofwhich take place in the defined geographical area" (Article 2.2.b of Regulation (EEC)
2081/92).
In addition, Article 2.3 of Regulation (EEC) 2081/92 protects as designations of origin certain
traditional geographical or non-geographical names designating an agricultural product or a foodstufforiginating in a region or a specific place, which fulfil the conditions referred to in the second indent
of the definition of a designation of origin.
PDOs and PGIs receive the same form of protection.IP/C/W/117/Add.10
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9. Would such a definition comprise geographica l indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
The above definitions relate to geographical indications which are directly linked to the
region of origin and identify products of a certain quality, renown or reputation which are tied to their
region of origin.
10. In determining whether recognition should be  given a geographical i ndication, what criteria
are considered?
A geographical indication, within the typology described above, is only recognized if it
satisfies the corresponding definition.  Furthermore, in the case of:
Quality wines psr
Although each member State follows its own criteria, there are certain minimum criteria laid
down at Community level (Article 2 of Regulati on (EEC) 823/87).  These are mandatory and define
the following parameters:
- demarcation of the area of production;- vine varieties;
- cultivation methods;
- wine-making methods;- minimum natural alcoholic strength by volume;- yield per hectare;- analysis and assessment of organoleptic characteristics.
Agri-food products (other than wines and spirit drinks)
The parameters which, as a minimum, the Community requires to be defined are laid down in
Article 4.2 of Regulation (EEC) 2081/92 which is reproduced in the reply to question 23 below.
11. Is there any human creativity involved in th e making of specific products under protection by
the system of geographical indica tions?  If so, how much?  And do these products involve any human
factors?
Yes, for all the products protected by geographical indications, since in varying degrees they
are prepared (from a wine to a fresh fruit) and depend on the human factor and within that the
creativity which over time has succeeded in perfecting or devising special methods of production,preparation or processing which have given or helped to give the final product its distinctive
characteristics.
12. Are there any other intellectual property rights involved, such as patents for example?
These methods of production, preparation or pro cessing may or may not be patented and, for
example, varieties or breeds may or may not be registered, but none of this is essential for the
development and recognition of a geographical indication.IP/C/W/117/Add.10
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13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
The demarcation of the geographical area linked to a protected geographical indication is
determined by the appropriate authority of the Autonomous Community concerned (when the area of
production lies entirely within the territory of a single Autonomous Community) or by the national
Ministry of Agriculture, Fisheries and Food (if more than one Autonomous Community is involved).
Depending on the type of product and the type of protected geographical indication, the
demarcation process is based on the climate, the soil, the varieties or breeds involved, and the
methods of production, preparation or processing developed by the enterprises located in the area.
In the case of agri-food products (other than wines and spirits), it is the group of producers
and/or processors applying to the competent State authority for the registration of a new geographical
indication (Article 5 of Regulation (EEC) 2081/92 ) that proposes the corresponding geographical
demarcation.
14. Does your legislation contain criteria fo r homonymous geographical indications for wines?
Yes, there is legislation on homonymous geographical indications for wines: the Order of
11 December 1986 does not permit the recognition of geographical names for table wines which
coincide with the description of a quality wine psr.  At EU level, Article 4 of
Regulation (EEC) 2392/89 introduces a similar criterion.
With respect to imported wines, Article 29.2 and 3 of Regulation (EEC) 2392/89 prohibits, as
a general principle, the presence in their description of the name of a geographical unit used to
describe a table wine or a quality wine psr or the name of a given region in the Community.
Exceptions may be allowed only where the geographical name in question is employed in the thirdcountry in accordance with traditional and consistent usage and on condition that its use is governed
by rules in that country.
15. Does your national legislation provide for recognition and protec tion of geographical
indications or appellations of origin of foreign countries?
Spain has provided for the recognition and protection of geographical indications of other
countries through:
- Bilateral mutual protection agreements with: Germany, Portugal, France,
Switzerland, Italy, Austria, Hungary and Czechoslovakia;
- Since Spain was admitted to the EU (1 January 1988), there has been mutual
recognition and protection with all the other member countries (currently: Austria,
Belgium, Denmark, Finland, France, Germany, Greece, Holland, Ireland, Italy,
Luxembourg, Portugal, Sweden and United Kingdom);
- EU-third country agreements (United States, Mexico, Australia, etc.).  In the case of
wine, these agreements grant foreign geographical indications the same protection as
that enjoyed by quality wines psr, in accordance with Article 61 of Regulation
(EEC) 822/87;
- Annex II of Commission Regulation (EEC ) 3201/90 of 16 October 1990 laying down
detailed rules for the description and presentation of wines and grape musts.IP/C/W/117/Add.10
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Furthermore, protection for names of other countries is also provided through the prohibition
of the use of false indications of origin:
- Article 72 of Regulation (EEC) 822/87 and Article 40.2 of Regulation 2392/89 (for
wines);
- Article 10 of Regulation (EEC) 1601/90 (for aromatized wines);
- Article 11 of Regulation (EEC) 1576/89 (for spirit drinks);- Article 12 of Regulation (EEC) 2081 /92 (for other agri-food products).
In addition, Article 11.1.e of Law 32/88 on  Trademarks and Article 2 of Directive
79/112 /EEC prohibit misleading information as to th e origin or provenance of the product.  This
should also be understood to apply to third-country origins or provenances.
16. Is there any specific prohibition in the le gislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
Spanish legislation does prohibit the use of geographical indications not protected in the
country of origin but only where it is a question of repressing a false indication of origin.  This is
provided for in all the bilateral agreements mentio ned in the first indent of the reply to question 15
above and in the Spanish Law on Trademarks.  Moreover, the Community directives on labelling and
advertising always contain similar provisions.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for r ecognition of geographical indications, must the
applicant be a governmental organization or can a pr ivate entity own the rights to a geographical
indication?
With regard to the procedure for applying fo r the recognition of a geographical indication,
there are two possibilities:
- for wines and spirit drinks, it is the producers and/or processors themselves who must
apply to the appropriate public authority (autonomous or central, depending on
whether the demarcation area of the geographical indication lies in only one or more
than one Autonomous Community) (Article 84.1 of Law 25/1970), although it is
possible for the authority to act ex officio (Article 85 of Law 25/1970);
- for other agri-food products, only groups of producers and/or processors or, subject to
certain conditions,  natural or legal persons who obtain or produce the product in
question are entitled to apply for registration (Article 5.1 of Regulation (EEC)
2081/92).
18. What are the competent authorities where th e protection of a geographical indication can be
obtained?
The authorities competent to recognize a new geographical indication are:- For wines and spirit drinks, the corresponding authority of the Autonomous
Community concerned, where there is only one, or the National Ministry ofIP/C/W/117/Add.10
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Agriculture, Fisheries and Food, where more than one Autonomous Community is
involved;
- For other agri-food products, the Co mmission of the European Union.
19. Do the procedures which lead to the rec ognition of a geographica l indication take place
ex officio or must they be based on the initiative of an entity or person?
See the reply to question 17 above.
20. What, if any, fees are involved in the applic ation and maintenance of rights in a geographical
indication?
No fees of any kind are involved.
21. If criteria must be set out in an applicati on for recognition of a geographical indication, are
those criteria purely geographic in nature?
The criteria which must be set out in an application for recognition of a geographical
indication are not purely geographical in nature.  They include the following: the agronomic
characteristics of the geographical area (climate, uniformity and fertility of the soil, homogeneity of
the cultivation conditions, varieties or breeds), the uniformity of the analytical and organoleptic
characteristics of the product originating in the area in question, the technical skill of the makers orprocessors and their observance of the traditional practices which have given the product its
originality, and their location, marketing conditions and level of recognition and reputation in the
market.
For further details see the reply to question 10 above.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
See the reply to question 21 above.
23. What information must be supplied in an appl ication for rights in a geographical indication?
In general, the information which must be supplied in an application for recognition of a
geographical indication is:
- For wines and spirit drinks, the official letter of application signed by the group of
producers and/or processors or interested individuals accompanied by a statement
showing that the requirements necessary to obtain a DO or DE have been met in so
far as the definition is satisfied and on the basis of the criteria set out in the reply to
question 10 above;
- For other agri-food products, the member State shall transmit to the Commission of
the EU a product specification drawn up by the applicants and endorsed by the
Government, together with all the documentation on which the decision to submit the
application is based.
In accordance with the provisions of Article 4.2 of Regulation (EEC) 2081/92, this
product specification shall include at least:IP/C/W/117/Add.10
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(a) The name of the agricultural product or foodstuff, including the
designation of origin or the geographical indication;
(b) a description of the agricultural product or foodstuff, including the
raw materials, if appropriate, and principal physical, chemical,
microbiological and/or organoleptic characteristics of the product orthe foodstuff;
(c) the definition of the geographical area and, if appropriate, details
indicating compliance with the requirements in Article 2(4);
(d) evidence that the agricultural product or the foodstuff originates in the
geographical area, within the meaning of Article 2(2)(a) or (b),whichever is applicable;
(e) a description of the method of obtaining the agricultural product or
foodstuff and, if appropriate, the authentic and unvarying local
methods;
(f) the details bearing out the link with the geographical environment or
the geographical origin within the meaning of Article 2(2)(a) or (b),
whichever is applicable;
(g) details of the inspection structures provided for in Article 10;
(h) the specific labelling details relating to the indication PDO or PGI,
whichever is applicable, or the equivalent traditional national
indications;
(i) any requirements laid down by Community and/or national
provisions.
24. Must the goods or services with respect to which a geographical indica tion is claimed be set
out?
Yes, a geographical indication must always be linked with a specific product.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How is
an investigation conducted after such a complaint?
When a new geographical indication is approved and, accordingly, published in the
corresponding Official Journal (of the Autonomous Community or the State), any natural or legal
person may oppose its recognition by appealing against the administrative decision.  The competent
administrative body will then examine the grounds for the appeal and give a ruling.
The grounds for opposing recognition may be, for example, that the criteria set out in the
reply to question 10 above are not fulfilled or that someone's legitimate interests have been injured.
In the case of agri-food products other than wines or spirit drinks, in addition to the procedure
described, when the new geographical indication is submitted to the EU, a period of six months fromthe date of publication of the registration application by the Commission shall be allowed (Article 7 of
Regulation (EEC) 2081/92) during which any other member State may object to the registration,IP/C/W/117/Add.10
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either ex officio or by transmitting the objection of any legitimately concerned natural or legal person
established in that State.
If the Commission admits the objection, the two States have three months in which to reach
agreement;  if no agreement is reached, it is the Commission that decides.
26. Who can oppose the recognition of a geographical indication?
See the reply to question 25 above.
27. If your national legislation provides for re cognition and protection of geographical indications
or appellations of origin of foreign countries, what is  the procedure that has to be followed in order to
obtain such recognition and consequent protection?
The following reply is based on the understanding that the possibility of recognition of a
third-country geographical indication refers to the possibility of "participating in the domestic regime
by means of a positive recognition (positive list)".  Therefore, it does not relate to protection within
the meaning of the TRIPS Agreement (in this connection, see the replies to questions 4 and 15 above).
Thus, the procedure for the recognition of geographical indications of foreign countries
depends on the country and the product:
- if it is a member country of the EU and it is a question of wines or spirit drinks, once
the State concerned publishes the approval of the geographical indication, it is
automatically recognized and protected throughout the Community;
- if it is a member country of the EU and it is a question of other agri-food products,
the member State must apply to the Commission for its inclusion in the EU's"Register of protected designations of origin and protected geographical indications";
- if it is not a member country of the EU, the procedure is to exchange lists of the
names it is desired to protect, within the framework of the corresponding bilateral
agreement (between States prior to Spain's admission to the EU and between the latterand third countries since then).
Moreover, for the agri-food products (other than wines and spirit drinks) of EU third
countries, their geographical indications may also be recognized under the procedure described in the
second indent, provided that the conditions of Article 12 of Regulation (EEC) 2081/92 are fulfilled.
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
Recognition for a geographical indication continues indefinitely.
29. If recognition of a geographica l indication must be renewed or  reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
Recognition of a geographical indication does not have to be renewed or reaffirmed, so there
are no fees to be paid.IP/C/W/117/Add.10
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30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
A geographical indication does not have to be used in order to maintain rights.  However, all
those Spain currently recognizes are in fact being used.
31.  Is there a specified limit for non-use before ri ghts in a geographical indication cease and, if so,
what is that limit?
There is no such limit.
32. Who monitors the use of geographical indications to determine if the crit eria identified in the
application continue to be met?
For quality wines psr, spirit drinks with a DE and the DOs and DEs of other agri-food
products there is in each case a Regulatory Authority ("Consejo Regulador") responsible, among other
things, for monitoring compliance with the corres ponding regulations (which, obviously, include "the
criteria identified in the application").
"Vinos de la tierra" and spirit drinks with geographical designations are monitored by the
general government supervisory bodies.
33. If a government entity is responsible for m onitoring the use of geog raphical indications, what
are its procedures for doing so?
The regulatory authorities have suitably traine d inspectors ("veedores") for carrying out the
above-mentioned monitoring duties.
There are also inspectors (civil servants) fo r supervising the geographical indications for
which there is no regulatory authority.
34. Are there means by which interested parti es may request termi nation of a geographical
indication based on non-use or failure to maintain th e criteria identified in the application?  Describe
the procedure.
For wines and spirit drinks, there are no means of terminating a geographical indication once
it has been recognized.
However, for other agri-food products there is the possibility of the Commission cancelling
the registration in response to a complaint from a member State that a condition laid down in the
corresponding "product specification" has not  been met (Article 11 of Regulation 2081/92).
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio or
must they be based on the initiative of an entity or person?
See the reply to question 34 above.
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to  obtain recognition of a geographical indication
use that geographical indication after recognition is given or must additional criteria or procedures be
followed by that party before use is permitted?IP/C/W/117/Add.10
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The situation differs according to the type of product:
- For quality wines psr, spirit drinks with a DE and the DOs and DEs of other agri-food
products, recognition of the new designation is not sufficient for a producer or
processor to start using it, even if his product meets the required criteria.  Theinterested party must first register with his regulatory authority and then, batch by
batch, the products for which permission to display the designation is being requested
must pass various tests based on chemical and organoleptic analyses;
- For spirit drinks with geographical designations, the interested party must first
register them in a register maintained for the purpose by competent government
service;
- For "vinos de la tierra", recognition of the new geographical name is sufficient to start
using it, provided the corresponding criteria are met.
37. Who makes the determination regarding use of  a geographical indication by particular parties,
the entity responsible for the recognition or the entity that obtained the recognition?
A recognized geographical indication may be used freely by those entitled to it (see reply to
previous question).
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees  and how are they established?
No fees are paid for receiving authorization to use a geographical indication.  However, if
there is a regulatory authority, those registered with it are required to pay certain parafiscal chargesintended for its maintenance (Article 90 of Law 25/1970), namely:
(a) A percentage (maximum 1 per cent) of the product of the number of hectares
registered in the name of each interested party and the average value in pesetas of the
yield of one hectare for the area and the previous season;
(b) a percentage (maximum 1.5 per cent) of  the value obtained by multiplying the
average unit price of the protected product by the volume sold;
(c) as a maximum, 100 pesetas for each certificate or invoice and twice the cost price for
each seal.
39. If there is a dispute regarding use of a ge ographical indication by a particular party, what
procedures are followed to resolve it?
Disputes regarding the use of a recognized geographical indication are settled, in the first
instance, within the regulatory authority (if it is a designation of a kind for which there is such anauthority, see reply to question 38 above), from which it may be referred to the competent body
(administrative and/or judicial) of the corresponding Autonomous Community (or the State if more
than one Autonomous Community is involved).
40. Must individual authorized users of a geogr aphical indication use that geographical indication
continually to retain their right to use it and, if s o, how is their use determined and how long will disuse
be permitted?IP/C/W/117/Add.10
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In principle, the use of a recognized geographical indication by the producers or processors
entitled thereto is voluntary, but there are DO regula tions which stipulate that an entry in a regulatory
authority register loses that status if a certain time elapses without the corresponding designation
being used.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
If the corresponding regulations specify continuity of use, then, if a problem were to arise
with its interpretation, it would be settled by the regulatory authority itself.
The interested party could appeal the decision to the appropriate higher body, administrative
or judicial.
42. Does the regime for protection of geographical indications allow geographical indications to be
licensed and, if so, what conditions are imposed on such  licenses?  If such conditions are not met, what
is the effect on the geographical indication?
The protected geographical indication regime makes no provision for "licensing".  The
requirements that must be met for a producer and/or processor to be able to use a geographical
indication are set out in the reply to question 36 above.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
"Grandfathered use" does not exist in Spain.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in rec ognizing a geographical indication, the obligations of
Article 16.1 of the TRIPS Agreem ent are not nullified and impaired?
The relationship between geographical indications and trademarks is established at EU level
by means of the following instruments:
- Directive 89/104/EEC to approximate the laws of the member States relating to
trademarks prohibits the registration of trademarks consisting exclusively of
geographical indications (Article 3.c) or which are of such a nature as to deceive the
public as to the geographical origin of the product (Article 3.g);
- Regulation (EEC) 3288/94 amending Regulation (EC) 40/94 on the Community
trademark which in its Article 7 establishes that the Alicante Harmonization Office
shall refuse any application for a trademark which:
(1) consists exclusively of an indication which may serve, in trade, to designate
the geographical origin of goods;  or
(2) for wines, contains or consists of a geographical indication identifying wines
or, for spirits, contains or consists of a geographical indication identifying
spirits with respect to such wines or spirits not having that origin.
Under Article 51 of the Regulation mentioned, third parties may initiate an invalidation
proceeding against a trademark already registered with the Alicante Harmonization Office.IP/C/W/117/Add.10
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- Article 40.3 of Regulation (EEC) 2392/89 and Article 13.3 of Regulation
(EEC) 2333/92, which (the latter) lay down general rules for the description and
presentation of sparkling wines, preserve the right to a brand name for a wine which
contains the name of a specified region if that brand name corresponds to the identity
of an original holder, provided that the brand name was registered at least 25 years
before the official recognition of the geographical name in question and the brandname has actually been used without interruption.
- Article 14 of Regulation (EEC) 2081/92 stipulates that:
- A geographical indication shall not be registered where, in the light of a
trademark's reputation and renown and the length of time it has been used,
registration is liable to mislead the consumer as to the true identity of theproduct;
- When a geographical indication has been registered, a trademark which
attempts to evoke or misuse it shall be refused;
- Use of a trademark which evokes a geographical indication and which was
registered before that geographical indication may continue if the trademark
was registered in good faith and complies with the corresponding provisions
of Directive 89/104/EEC.
In the Spanish legislation, Article 84.2 of Law 26/1970 stipulates that before a new DO or DE
is approved, a report must be requested from the Registry of Industrial Property and the Company
Register and this report must be favourable.  In the event of a conflict due to the existence of a
trademark with the same name, negotiations must be arranged with the holder.
45. What steps are taken to ensure that, in rec ognizing a geographical indication, the obligations of
Article 16.2 and 16.3 of the TRIPS Agr eement are not nullified and impaired?
See the reply to the previous question.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
If there is a conflict between a geographical indication and a trademark, the following
procedure applies:
- if the trademark has priority, negotiations with the holder (see reply to question 44
above);
- if the protected geographical indication already exists when an attempt is made to
register the trademark, the regulatory authority for the designation or the competent
government service shall ex officio raise an objection to its registration with theSpanish Patents and Trademarks Office (Article 83.4 of Law 25/1970).
See also the reply to question 44 above.IP/C/W/117/Add.10
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G. ENFORCEMENT
47. How are rights in the geographic al indication enforced?  Are pr ovisions available under unfair
competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have not been
notified under Article 63.2 of the TRIPS Agreement, please provide copies.
Preventing the unlawful use of geographical indications is the same as preventing unfair
competition, so that the reply to question 4 above is equally applicable here.
It might be added that Article 13(c) of Law 32/1988 on Trademarks states that "signs or
media which involve the unlawful exploitation of the reputation of other registered signs or media"
may not be registered as trademarks.
Is a copy required?
48. Who has the right to enforce a geographical indication?
See the reply to question 32 above.
49. What judicial or administrative bodies have ju risdiction over enforcement actions related to
geographical indications?  Are there fees in volved and, if so, what are those fees?
In respect, the regulatory authorities and the government services responsible for monitoring
compliance with the regulations on protected geographical indications always act in the exercise of
their powers and, accordingly, there is no need to pay anything to initiate their action.
50. Must the public be notified of the existence of a geographical indication and, if so, how and how
often?
The obligation to publish the list of protected geographical indications periodically is not
regulated at national level.  However, they have all been published, both the approval and the
corresponding Regulation, in the Official Journal of the Autonomous Community concerned and
subsequently in that of the State, and the Governme nt will provide any interested party with an up-to-
date list of names.
At Community level, an up-to-date list of quality wines psr (Article 1 of
Regulation (EEC) 823/87 and "vinos de la tierra" of all the Member States (Article 11.1 of
Regulation (EEC) 3201/90) must be published, with an unspecified frequency, in the C series of the
Official Journal of the European Communities.
As for the DEs and GDs of spirit drinks, they are listed in Annex II of
Regulation (EEC) 1576/89.  However, the updating of this list is a slow and difficult process since it
involves the amendment of a Council Regulation.
The names of other agri-food products are published in the OJEC and subsequently (if there
have been no objections within six months of publication) entered in the "Register of protected
designations of origin and protected geographical indications" kept by the EU Commission
(paragraphs 2 and 3 of Article 6 of Regulation (EEC) 2081/92).
51. Is unauthorized use of a geographical indicati on subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pu rsuant to Article 63.2 of the TRIPS Agreement, please
provide a copy.IP/C/W/117/Add.10
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The unauthorized use of a geographical indication is identified as a criminal offence in
Article 275 of the current Penal Code (Organic La w 10/1995): "Anyone who deliberately and without
authorization uses, in trade, a designation of origin or a geographical indication representative of a
protected quality legally protected in order to distinguish the products covered, being aware of the
existence of the said protection, shall be liable to six months to two years imprisonment and a fine of
six to twenty-four months ...".
If these offences "are especially serious, taking into account the value of the objects produced
or the severity of the injury caused" (Article 276 of the Penal Code), they may lead to a prison term of
"from two to four years, a fine of from eight to  twenty-four months, and special disqualification from
the pursuit of the trade related with the offence committed for a period of from two to five years".  In
addition, the judge may order the "temporary (for not more than five years) or permanent closure of
the business or establishment of the person convicted".
Is the text required?
H. INTERNATIONAL AGREEMENTS
52/53. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the international
agreement and explain the relations hip between it and your nationa l legislation.  What other
international agreements, if any, have been ente red into?  What do those agreements provide?
Yes, the EU has signed various bilateral agre ements on wines (Australia, Hungary, Bulgaria,
Romania) and spirits (United States, Mexico).
Other international agreements:
- Paris Convention of 20 March 1883 for the protection of industrial property;
- Madrid Agreement of 14 April 1891 for the Repression of False or Deceptive
Indications of Sources on Goods of Origin.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
See the reply to question 1 under I above.
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
See the reply to question 8 under I above.IP/C/W/117/Add.10
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There is no definition for the term "indications of source".
However, Article 2.A.i of Directive 79/112 EEC states that the labelling and the methods used
must not be such as could mislead the purchaser as to the origin or provenance of the product.  This
also applies to the presentation and advertising.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits.
See the reply to question 14 under I above.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trade mark registration, which consists of or contains geographical indicationsidentifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
See the reply to question 44 under I above.IP/C/W/117/Add.10
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Responses from Sweden
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a formal procedure for notification/registration
before protection is available; or through both?  Does the recognition of a geographical indication
require registration?
The protection of geographical indications is provided through provisions in the Swedish
Marketing Act of 27 April 1995 (Swedish Statute Book 1995 No. 450, with amendments).  Such
protection does not require registration.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
The Marketing Act provides the general protection for geographical indications.  A special
regime exists concerning the marketing of alcoholic beverages in the Act (Swedish Statute Book
1978, No. 763) Containing Certain Provisions Concerning the Marketing of Alcoholic Beverages.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
As the protection ensured through these Acts applies to all kinds of marketing practices which
are incompatible with good marketing practices, the protection covers both goods and services.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
As has been indicated earlier in communications to the World Trade Organization, generally
speaking, the provisions of the Marketing Act and in the special Act applying to alcoholic beveragesand also, in respect of trademarks, the provisions under the Trademarks Act (Swedish Statute Book
1960, No. 644, with later amendments) cover the protection required under Articles 22.2 and 23.1 of
the TRIPS Agreement.  Reference is made to the attached document "Protection of Geographical
Indications in Sweden" prepared by the Ministry of  Justice in January 1997 and notified to the TRIPS
Council.
13
5. If the required recognition of geographical indications is not provided through statutes orregulations, please explain, in detail, the mechanism or mechanisms through which the protection
required is provided.
This question is not applicable;  the protection is provided in statute.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
The Ministry of Justice is not aware of specific cases where a geographical denomination has
been deemed to be contrary to the provisions of the Marketing Act of the other Act cited above.
                                                     
13 See the Annex on pages 140-142 below.IP/C/W/117/Add.10
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7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.
Yes.  See the reply to question 7 concerning EC legislation (in the Section above reproducing
the answers from the European Communities to the Checklist).
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Geographical denominations are not defined.  The Marketing Act prohibits any claims or
statements, in the course of a businessman's activities, for instance advertising, which are misleadingas regards the businessman's own or other businessmen's operations, especially concerning the nature,
quantity, quality or other features of the product or its origin, use and environmental or health effects.
This would include also all kinds of misleading information about the geographical origin of the
product or service.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
It probably would cover also such indirect links to specific regions as the protection applies to
all kinds of misleading information of the kind mentioned.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
The criteria used are those mentioned above in the reply to question 8.
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors?
There does not necessarily have to be any human creativity involved in the geographical
indication whose use could be prohibited under the Marketing Act or the other Act mentioned above.
12. Are there any other intellectual property rights involved, such as patents for example?
It would seem that other intellectual property rights may be involved only in cases where the
geographical denomination has taken the character of a trademark or a certification or collective markunder the trademark legislation.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
There is no authority which "defines" the geographic region or area for which rights are
claimed;  it is the Court which decides whether there is an improper marketing act undertaken which
would be contrary to good marketing practices, in cluding the determination of whether there is an
improper indication of the geographical origin.
14. Does your legislation contain criteria for homonymous geographical indications for wines?IP/C/W/117/Add.10
Page 134
The legislation contains provisions on the protection of homonymous geographical
indications for wines in the sense that the above-mentioned Act relating to alcoholic beverages
prescribes (as regards protection granted to foreign States) that false or deceptive indications of origin
may not be used through which the beverages directly or indirectly are alleged to have been produced
or manufactured in a foreign State or in a locality in the foreign State.  This applies also where the
true origin is indicated or where the indication is used only in translation or is accompanied byexpressions like "kind", "type", "style", "imitation" or similar expressions.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
The proceedings relating to the use of false/misleading indications of geographical origin
apply to all such indications and do not depend on the origin of the "originals".
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
There are no specific provisions concerning the protection of geographical indications which
are not protected in their country of origin;  the protection is based on the concept that indications
used are misleading in this country and that is not depending on the protection in the country of
origin.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?
There is no formal system for recognition of geographical indications.
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
The protection of geographical indications is obtained through the procedures under the
Marketing Act (proceedings at the Stockholm City Court, which may be appealed against to the
Market Court, which is a specialized court competent in, for instance, matters relating to the
Marketing Act).
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The proceedings leading to a protection of a specific geographical indication are initiated at
the Stockholm City Court by the Consumer Ombudsma n, who is a Government official;  he usually
acts upon the complaint by some injured party but he  may also act upon his own initiative.  To that
extent, the procedures may take place ex officio.  However, also businessmen affected by the alleged
misleading marketing, and associations of consumers, businessmen or wage or salary earners may
bring such an action.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
There are no fees applicable to the initiation of proceedings under the Marketing Act.IP/C/W/117/Add.10
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21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
It follows from the provisions of the Marketing Act that the protection against misleading
indications of geographical origin are not necessarily of a geographical nature.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
There are no provisions about criteria which must be set out in this context.
23. What information must be supplied in an application for rights in a geographical indication?
There are no provisions about any specific information that must be submitted, but it is
obvious that the Consumer Ombudsman must state th e factual circumstances about why, for instance,
a businessman's indications concerning geographical origin are to be considered as misleading.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
There is no specific requirement in this context.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?
As stated above, the system is not based on the "recognition" as such of specific geographic
indications but rather on the approach of preventing the use of false or misleading indications ofgeographical origin.  Obviously, the defendant in a case would be able to oppose the claim that his
indication is actually false or misleading but this is part of the normal court procedure and there are no
specific mechanisms provided for in this context.
26. Who can oppose the recognition of a geographical indication?
There are no specific provisions about who can oppose the recognition of a geographical
indication in this context;  like in the case of question 25 above this is part of the normal court
procedure.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to befollowed in order to obtain such recognition and consequent protection?
Those procedures are described in the document referred to in the answer to question 4 above.
Briefly, the Consumer Ombudsman may file an acti on at the Stockholm City Court concerning a so-
called market disruption fee or a prohibition in, for instance, cases of misleading information aboutgeographical origin.  As mentioned above, such actions may be filed either upon complaint by the
injured party or at the Ombudsman's own initiative.  Consequently, a foreign party whose interests are
affected should preferably file a complaint with the Consumer Ombudsman.IP/C/W/117/Add.10
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D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
There is no prescribed time-limit for the protection against false or misleading information of
geographical origin under the Marketing Act.
29. If recognition of a geographical indication mu st be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
There is no such specific system for renewal or reaffirmal of the protection of geographical
indications (apart from cases where the geographical indication in question is protected under theTrademark Act).
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
There are no requirements of use in this context.
31.  Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
There are no provisions on specified limits for non-use in this context.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
There are no specific provisions on the monitoring of the use of geographical indications.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
There is no Government authority responsible specifically for monitoring the use of
geographical indications.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.
There are no specific means by which interested parties may request the termination of a
geographical indication based on non-use, etc;  the use of a specific indication of the geographical
origin of a product or service depends on whether it is actually still false or misleading or not.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
As mentioned above, actions against the use of false or misleading indications relating to
geographical origin may be filed by the Consumer Ombudsman (which action may lead to a
prohibition against the use of that specific geographical indication) either upon complaint or at hisown initiative.IP/C/W/117/Add.10
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E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
The legislation relating to the protection of geographical indications is based on the approach
that Court decisions, in specific cases, restrict (through a preventive market disruption fee) or prohibit
the use of, inter alia , statements which are misleading in respect of the geographical origin of
products or services.  Consequently, there are no specified criteria for the determination of which
indications of origin would enjoy protection under th ese provisions, and the question of other persons'
use of a particular indication of geographical origin does not have relevance.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
This issue is decided in the particular proceeding before the Stockholm City Court/the Market
Court.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
There are no fees involved in this context.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
The normal procedures under the Marketing Act would apply (see the document referred to in
the reply to question 4 above).
40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?
There are no specific provisions on the retention of the right of specific geographical
indications.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Such conflicts are resolved through the normal procedures under the Marketing Act (see
above).
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,
what is the effect on the geographical indication?
There are no specific provisions on licensing of the rights in geographical indications (apart
from cases where those are trademarks, in which cases the normal provisions in the Trademark Act
apply).IP/C/W/117/Add.10
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43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
There are presently no provisions in this respect.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
In relation to the registration or protection of trademarks, the obligations under Article 22.1 of
the TRIPS Agreement are met by various provisions in the Trademark Act.  Thus, a trademark may
not be registered where the mark would violate the provisions of, for instance, the Marketing Act.  Ifregistration has nevertheless taken place, that may be invalidated where the ground for non-
registration still exists.  Action for such invalidation may be brought by the injured party and also, in
certain situations, by a public authority or by an association of persons conducting business in the
sector concerned.  Furthermore, the Trademark Act contains provisions on prohibition by means of
Court orders of the use of deceptive trade symbols where such bodies as just mentioned may bringactions.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
The same applies as in the situation referred to in the reply to question 44 above.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
See the reply to question 44 above.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
The procedures for the enforcement of rights in geographical indications are described in
some detail in the document referred to in the reply to question 4 above.  Essentially such protection is
enforced through the provisions in the Marketing Act and the Trademark Act.
48. Who has the right to enforce a geographical indication?
As mentioned in the document referred to in the reply to question 4 above, the Consumer
Ombudsman is entitled to bring actions concerning the use of false/misleading information
concerning, for instance, geographical indications.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
As mentioned above, measures in this respect are taken by the Stockholm City Court, upon
action brought by the Consumer Ombudsman, and the decisions by the Stockholm City Court may be
appealed against to the Market Court.IP/C/W/117/Add.10
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50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
There are no provisions on notifying the public about the existence of geographical
indications.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
The sanctions against violations of the Marketing Act are "Market Disruption Fees" of
between 5,000 and 5 million Swedish Crowns, payabl e to the State, "Prohibition and Information
Orders", "Compensation for Damages" and, finally "Orders to Eliminate Misleading Statements".Consequently there are, strictly speaking, no criminal sanctions, even if the market disruption fee to a
certain extent has the same function.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreementfor the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relations hip between it and your national legislation.
Sweden is not party to the Lisbon Agreement for the Protection of Appellations of Origin and
their International Registration, but is party to the Madrid Agreement for the Repression of False or
Deceptive Indications of Source on Goods, which to a certain extent may offer protection to
geographical indications.  Sweden is of course also party to the TRIPS Agreement and the Paris
Convention.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
Sweden is not party to any other agreements in this area.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type","style", "imitation" or the like?
There is in Swedish law no clear distinction between the various terms indicated in the
question, nor are there any substantive criteria to distinguish these terms.  Generally speaking,
geographical indications are protected under the Marketing Act (Act 1995 No. 450), more specificallyunder the provisions prohibiting any claims or statements, in the course of a businessman's activities,
for instance advertising, which are misleading as to the businessman's own or other businessmen's
operations, especially concerning the nature, quantity, quality or other feature of the product or its
origin, use and environmental or health effects.  As indicated in the reply to question 8 under I above,
this provision applies also to all kinds of misleadin g information about the geographical origin of the
product or service.IP/C/W/117/Add.10
Page 140
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
As mentioned in the reply to question 2 under I above, a special regime exists concerning the
marketing of alcoholic beverages in the Act (1978, No. 763) Containing Certain Provisions
Concerning the Marketing of Alcoholic Beverages.  That legislation prohibits any false or deceptive
indication of origin through which the beverages are alleged to have been produced or manufactured
in a foreign State (for instance a State Member of the WTO) or in a region or locality of the foreign
State.  This applies also where the true origin is indicated or where the indication is used only in
translation or is accompanied by expressions such as "kind", "type", "style", "imitation" or similar
expressions.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
There are no specific provisions of the type indicated in the question.  Rather, the availability
of refusals of applications for registration (and of invalidation of a registration if granted) follows
from other provisions in the Trademarks Act.  Thus, a trademark may not be registered if the mark
would violate the provisions of, for instance, the Marketing Act or the above-mentioned specific Act
relating to alcoholic beverages.  If registration has nevertheless been granted, that registration may be
invalidated where the ground for non-registration still exists.  Reference is made to the reply toquestion 44 under I above.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
The law does not contain any specific criteria for homonymous geographical indications for
wines and spirits.
ANNEX FROM SWEDEN
PROTECTION OF GEOGRAPHICAL INDICATIONS IN SWEDEN
1. Generally speaking, protection of geographical indications in Sweden is provided under the
Marketing Act (Swedish Statute Book 1995, No. 450, with later amendments).  Specific provisions
concerning the marketing of alcoholic beverages are contained in the Act Containing Certain
Provisions Concerning the Marketing of Alcoho lic Beverages (Swedish Statute Book 1978, No. 763,
as amended by Act No. 1995, No. 453).  Finally, provisions on trademarks are contained in the
Trademarks Act (Swedish Statute Book 1960, No. 644, with later amendments).  All those Acts havebeen notified to the TRIPS Council.
2. The substance of the protection provided under the Marketing Act is based on a catalogue of
rules which set out provisions or requirements in respect of certain marketing measures.  Generally
speaking, all marketing must be compatible with good marketing practices and also in other respects
be fair towards both consumers and businessmen.  The catalogue just mentioned gives details about
practices which are not acceptable from that point of view.  That catalogue includes rules onIP/C/W/117/Add.10
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advertising identification, misleading advertising, mi sleading packaging sizes, misleading imitations,
bankruptcy sales, clearance sales, bargain sales, unsolicited products and sales promotion offers.  Of
particular interest in the context of the protection of geographical indications are the provisions on
misleading advertising, etc. which states that a businessman may not, in the course of marketing,
make claims or other statements which are mislea ding as regards the businessman's own or other
businessmen's operations, which rule applies especially to statements relating to the nature, quantity,quality or other features of the product or to its origin, use and environmental or health effects.
3. As regards more specifically alcoholic beverages, Article 5 of the above-mentioned Act of
1978, as amended in 1995, provides that in the course of marketing of such beverages false or
deceptive indications may not be used, through which the beverages directly or indirectly are alleged
to have been produced or manufactured in the foreign State, or in a region or locality in the foreign
State.  This applies also where the true origin is indicated or where the indication is used only intranslation or is accompanied by expressions like "kind", "type", "style", "imitation" or similar
expression.  Acts which violate those provisions wi ll be considered as inappropriate in relation to
consumers and subject to prohibitions, etc.  under the Marketing Act.  Consequently, the procedures
under the Marketing Act are available also for violations of those provisions.
4. The sanctions for violations of the Marketing Act include, in the first instance, that any person
or company which intentionally or with carelessness contravenes any of the rules of the above-
mentioned catalogue, may be ordered to pay, to the State, a so-called "market disruption fee" of
between 5,000 and 5 million Swedish Crowns (c orresponding roughly to between US$800 and
US$80,000).  In addition, prohibition and information orders (e.g. orders prohibiting marketing acts
which would violate the Act and orders to provide such information which is especially important
from a consumer perspective) may be issued, and the offender may be ordered to pay compensation
for damages to those, including consumers, which have been injured by the acts in question, to
eliminate misleading statements, etc.
5. The Act also contains provisions on the procedures for the imposition of sanctions forviolations of the Act.  First, proceedings concer ning the imposition of a market disruption fee may be
instituted at the Stockholm City Court (which is the District Cour t of Stockholm) by the Consumer
Ombudsman.  (The Consumer Ombudsman is a person, who must be a lawyer and who is, under the
Marketing Act, appointed by the Government to de al with matters relating to marketing practices,
contracts in consumer relations and product liability.  He usually acts upon complaint from any
interested party, who can obviously be a Swedish nati onal or a foreigner, but may also act on his own
initiative).  If the Consumer Ombudsman in a particular case decides not to present an application for
a market disruption fee, any businessman affected by the marketing and any association of such
businessmen may institute such a proceeding.  Furthermore, actions concerning prohibition orders
(e.g. against the continuation of marketing acts which would violate the Act) may be instituted at the
Stockholm City Court by the Consumer Ombudsman, by any businessman affected by the marketing
and any association of consumers, businessmen or wage or salary earners.  Also interim decisions
may be issued by the Court while proceedings are pending.  Finally, actions concerning the payment
of damages may be instituted either at the Stock holm City Court or at any district court competent
under the Code of Judicial Procedure.  The Consumer Ombudsman has the authority to issue certain
orders himself, primarily such which concern obligations for a businessman to provide informationconcerning such products and acts where a violation of the Marketing Act may occur.  Such decisions
by the Ombudsman may be appealed to the Stockholm City Court.
6. Any judgements and decisions by the Stockholm City Court or any other district Court may
be appealed against to the Market Court.  This Court is a specialized Court competent in, in additionto matters concerning the Marketing Act, also matters concerning unfair competition and matters
relating to, for instance, product liability and contracts in consumer relations.  The Market Court
consists of a President and a Vice President, who must have experience as judges, and five specialIP/C/W/117/Add.10
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members who must be economic experts.  The Market Court is the final instance in, inter alia , matters
relating to the application of the Marketing Act.
7. Article 14, first paragraph, of the Trademarks Act (Swedish Statute Book 1960, No. 644)
provides that a trademark may not be registered in certain main situations which are set out in the
Article, for example in case the mark is contrary to laws or regulations or public order;  this isobviously the case where a mark would violate the provisions of the Marketing Act.  In addition,
Article 25 of the Trademarks Act provides that the registration of a mark may be invalidated in case a
trademark has been registered contrary to the provisions of the Act and the ground for refusal still
exists.IP/C/W/117/Add.10
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 Responses from the United Kingdom
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin;  through a formal procedure for notification/registrationbefore protection is available;  or through both?  Does the recognition of a geographical indication
require registration?
Protection of geographical indications is provided in the United Kingdom through various
statutory instruments including the Trade Marks Ac t 1994, the Trade Descriptions Act 1968;  through
European Community law including EC Regulations No. 2081/92 (covering agricultural products and
foodstuffs and providing for the registration of protected designations of origin (PDOs) and protected
geographical indications (PGIs)), No. 1601/ 91 and No. 1576/89 as amended by Regulation
No. 3378/94;  and also through the common law tort of passing off.  Registration of a geographical
indication is sometimes necessary.  Also EC Re gulations No. 822/87, No. 823/87 and No. 2392/89 for
wines.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
A passing off action can be brought in respect of a geographical indication for any product.
Similarly, action under the Trade Marks Act 1994 is possible in respect of any geographical indication
that is registered except where protection is also sought through EC Regulation No. 2081/92 (covering
agricultural products and foodstuffs).  Protection for geographical indications for wines and spirits is
available through EC Regulations No. 1601/91 (w ines) and No. 1576/89 (spirits) as implemented in
the United Kingdom by the Common Agriculture Policy (Wine) Regulations 1996 and the Spirits and
Drinks Regulations 1990 and also through the Scotch Whisky Act 1988.
Protection under the Trade Descriptions Act 1968 is available to all products.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
Protection under the Trade Marks Act 1994 and under the common law tort of passing off is
available for geographical indications for services.
The Trade Descriptions Act 1968 also applies to services.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
The requirements of Articles 22.2 and 23.1 are met by the common law tort of passing off.
Further legal means are provided under Section 3 of the Trade Descriptions Act 1968, Section 10 in
particular of the Trade Marks Act 1994 and, in respect of Article 23.1 of the TRIPS Agreement, by
Article 72a of Council Regulation No. 822/87, Article 40 of Council Regulation No. 2392/89,
Article 3 of Council Regulation No. 2333/92, Artic le 11a of Council Regulation No. 1576/89 and
Article 10a of Council Regulation No. 1601/91 as implemented in the United Kingdom by theIP/C/W/117/Add.10
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Common Agriculture Policy (Wine) Regulations 1996 (see especially Sections 3 and 5) and the Sprits
Drinks Regulations 1990 (see especially Sections 2 and 3).
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protection
required is provided.
A passing off action is brought in accordance with the procedures outlined in the
United Kingdom's responses to the Checkli st of Issues on Enforcement (IP/C/5).14
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Relevant passing off cases
Champagne: J. Bollinger v Costa Brava Wine Co. Ltd. [1960] RPC 16;
Taittinger SA v Allbey Ltd. [1993] FSR 641
Scotch Whisky: John Walker and Sons Ltd.  v Henry Ost and Co. Ltd. [1970] RPC 489.
Swiss chocolate: Chocosuisse Union des Fabricants Suisses de Chocolat v Cadbury Ltd.
[1997] Times 25 November
Trademarks
Certification/collective marks:
- Stilton (cheese)
- Shetland (wool)
Protected designations of origin
Cheeses:
- Beacon Fell traditional Lancashire cheese
- Bonchester cheese- Buxton blue
- Dovedale cheese
- Single Gloucester
- Swaledale cheese/Swaledale ewes' cheese
- White Stilton cheese/Blue Stilton cheese
- West Country Farmhouse Cheddar cheese
Fresh meat and offal:
- Orkney beef
-O r k n e y  l a m b
- Shetland lamb
Fruit, vegetables and cereals:
                                                     
14 See document IP/N/6/GBR/1.IP/C/W/117/Add.10
Page 145
- Jersey Royal potatoes
Other products of animal origin:
- Cornish clotted cream
Protected geographical indications
Beer:
- Newcastle brown ale
- Kentish ale and Kentish strong ale
- Rutland bitter
Ciders:
- Gloucestershire cider/perry
- Herefordshire cider/perry
- Worcestershire cider/perry
Cheeses:
- Teviotdale cheese
Fresh fish, molluscs and crustaceans and products derived therefrom:
- Whitstable oysters
Fresh meat and offal:
-S c o t c h  b e e f
- Scotch lamb
EU legislation
See responses from the EC reproduced in the present document.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.
The protection provided under the Trade Marks Act 1994 in respect of Article 23.2 is
provided in respect of all geographical indications.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
EC Regulation No. 3378/94 defines a "geographical designation" thus:  "any indication
identifying a product as originating in the territory of a third country which is a Member of the World
Trade Organization, or in a region or locality of that territory, where a quality, reputation or other
specific characteristic of that product can essentially be attributed to that geographical origin".IP/C/W/117/Add.10
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EC Regulation No. 2081/92 (covering agricultural products and foodstuffs) gives definitions
for both designations of origin and geographical indications.
Geographical indications have not been defined for wines and spirits in the Community.Neither the Trade Marks Act 1994 nor the Trade Descriptions Act 1968 provide a definition
of geographical indication.  However, detailed guidance is provided in the Trade Marks Registry
Work Manual for trademark examiners on the acceptability of geographical indications for
registration as trademarks.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
No.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
The requirements for registering a geographical indication as a trademark are the same as for
any other trademark, except for certification marks and collective marks.  Such marks allow the
registration of geographical indications and they may be refused on the same grounds as ordinary
trademarks and also if the public is liable to be misled in relation to the character or significance of
the mark.  Regulations governing the use of certification marks and collective marks must be providedby the applicants detailing inter alia  the characteristics to be certified by the mark (certification
marks).  Detailed guidance is provided in the Trade Marks Registry Work Manual for trademark
examiners on the acceptability of geographical indications for registration as trademarks.
Protected Geographical Indication (PGI) regi stration is open to products which must be
produced or processed or prepared within a geographical area and have a reputation, features or
certain qualities attributable to that area.  Protec ted Designation of Origin (PDO) registration is open
to products which are produced, processed and prepared within a particular geographical area, and
with features and characteristics which must be due to the geographical area.  The methods used to
produce the product must be unique in that area.  Most foods intended for human consumption canregister including meat, dairy and fish products, fruits and vegetables, beer, beverages made from
plant extracts, bread, pastries, cakes, biscuits and confectionery.  Other products which can also be
registered are as follows:  natural mineral water and spring water, natural gums and resins, hay,
essential oils (e.g. lavender oil).  A name cannot be registered as a PGI or PDO if a similar trade mark
already exists which, because of its reputation and renown or the length of time it has been used,
might lead to confusion as to the true identity of the product, nor can a name that has become generic
be registered as a PGI or PDO.
No specific criteria are used for wines and spirits in the United Kingdom.  Most are long-
standing and have long since been included in EU legislation.  Any requests for new geographical
indications would be examined on their merits and then put to the Commission.
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors?
Under the Trade Marks Act 1994, there is no evaluation of the characteristics of a
geographical indication.  This is also the case for PGI/PDO registrations.IP/C/W/117/Add.10
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Traditional conditions of production for wine and spirits take into account the human
creativity involved in the making of a specific product and therefore include human factors.
12. Are there any other intellectual property rights involved, such as patents for example?
No.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
No authority makes such a determination in respect of protection provided under the Trade
Marks Act 1994, the Trade Descriptions Act 1968 and passing off.  The specification of a trademark
registration may be restricted as to the geographical area to which it applies.
For PGI and PDO registration, the geographical region or area in question must be defined in
the application.
The Ministry of Agriculture, Fisheries and Food (MAFF) defines the geographical region
subject to approval by the Commission for wines and the Agricultural Council for spirits and
aromatized wines.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
No.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin for foreign countries?
Yes.  See also the answers to questions 1, 2 and 8 above.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
The Common Agriculture Policy (Wine) Regulations 1996 and the Spirits Drinks
Regulations 1990 provide enforcement of the EC Regulations which only provide protection if the
geographical indication is protected in the country of origin.  Otherwise no.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?
Applications for PGI and PDO registrations for foods must be put forward by groups of
producers.  Such groups may include other interested  parties.  However, individuals can put forward
applications if:
- local and traditional methods and practices are used;  and- the geographical area has characteristics which differ from neighbouring areas;  or- the product has characteristics which are different to those of similar products.IP/C/W/117/Add.10
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Producers who are not part of the original applicant group, but who can show that their
product conforms fully with the registered specification, may use the registered name.
A governmental organization must make the recognition for wine and spirits.
Private entities can own trademark rights.
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
Ministry of Agriculture, Fisheries and Food (MAFF) for foods and agricultural products
(applications sent to European Commission for consideration), wines and spirit drinks.
United Kingdom Trade Marks Registry for trademarks.  Also the Office for Harmonization of
the Internal Market (OHIM) for Community trademarks.
19. Do the procedures which lead to the recognition of a geographical indication take place ex
officio or must they be based on the initiative of an entity or person?
Applications for PGI or PDO registrations mu st be put forward by groups of producers or,
under certain circumstances, individuals.
Trademark owners must apply for registration of their marks.
Protection of geographical indications for wines and spirits takes place ex officio.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
Application to register a trademark (covering one class of goods or service):  £200;  fee for
each additional class of goods or service;  £50;  renewal of trademark registration:  £200 (on the 10th
anniversary of the filing date and every ten years after that);  fee for each additional class of goods or
services:  £50;  additional fee for late payment:  £50.
All products registered as PGI or PDO will be subject to inspection to ensure that the
requirements of the registered specification are met.  Applicants must nominate an inspection body.
Participants must meet the cost of inspections.
For wines and spirits there are no fees.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
No.There is no specific application procedure for wines and spirits.See also the answer to question 10 above.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?IP/C/W/117/Add.10
Page 149
Applications for PGI and PDO registrations must include inter alia  an indication as to the
category of the product, the main characteristics of the product (size, shape, flavour, etc.), the method
of production, background information (including whether there have been any significant
technological changes to the specification of the product in recent years and what they are) about the
product and labelling information, if applicable.
Applications for the registration of trademarks must include, inter alia,  a statement of the
goods or services in relation to which it is sought to register the trademark as well as a specification of
the class in Schedule 4 of the Trade Marks Rules 1995 to which it relates and a representation of the
mark.
See also the answer to question 21 above.
23. What information must be supplied in an application for rights in a geographical indication?
Applications for PGI and PDO registrations must  specify the product name;  applicant details;
names and addresses of group members, together with their connection to the product;  a definition of
the geographical area;  an explanation of how that area differs from neighbouring areas (if applicable);whether the product is produced, processed, prepared or its raw materials originate in the defined area,
and if not what other areas are involved;  a list of raw materials and their source areas;  a description
of how the main characteristics are linked to the geographical area and influenced by its environment;
whether the product and its specification are protected by any national or European certification
schemes, specifying the schemes;  the name of a nominated inspection body;  these are in addition tothe details listed in the answer to the previous question.
Further to the details in the answer to the previous question:  trademark applicants must
provide a request for registration of the trademark and the name and address of the applicant.
See also the answer to question 21 above.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
In applications for both PGI/PDO registrations and trademarks, the category or class of goods
must be specified.
There is no recent experience in the wines and spirits sector.  Geographical indications are
generally long established and set out in the EC Regulations.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?
PGI/PDO:  Article 7 of EC Regulation No. 2081/92 provides for opposition:1. Within six months of the date of publicat ion in the Official Journal of the European
Communities referred to in Article 6(2), any member State may object to the
registration.
2. The competent authorities of the member States shall ensure that all persons who can
demonstrate a legitimate economic interest are authorized to consult the application.In addition and in accordance with the existing situation in the member States, the
member States may provide access to other parties with a legitimate interest.IP/C/W/117/Add.10
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3. Any legitimately concerned natural or legal person may object to the proposed
registration by sending a duly substantiated statement to the competent authority of
the member State in which he resides or is established.  The competent authority shall
take the necessary measures to consider these comments or objection within the
deadlines laid down.
4. A statement of objection shall be admissible only if it:
- either shows non-compliance with the conditions referred to in Article 2;
- or shows that the proposed registration of a name would jeopardize the
existence of an entirely or partly identical name or trademark or the existence
of products which are legally on the market at the time of publication of thisRegulation in the Official Journal of the European Communities;
- or indicates the features which demonstrate that the name whose registration
is applied for is generic in nature.
5. Where an objection is admissible within the meaning of paragraph 4, the Commission
shall ask the member States concerned to seek agreement among themselves in
accordance with their internal procedures within three months.  If:
(a) agreement is reached, the member States in question shall communicate to
the Commission all the factors which made agreement possible together with
the applicant's opinion and that of the objector.  Where there has been no
change to the information received under Article 5, the Commission shall
proceed in accordance with Article 6(4).  If there has been a change, it shall
again initiate the procedure laid down in Article 7;
(b) no agreement is reached, the Commission shall take a decision in accordance
with the procedure laid down in Article 15, having regard to traditional fair
practice and of the actual likelihood of confusion.  Should it decide to
proceed with registration, the Commission shall carry out publication inaccordance with Article 6(4).
Under Section 38(2) of the Trade Marks Act 1994, any person may give notice of opposition
to a trademark within three months of the date on which an application is published, which notice
must include a statement of the grounds for opposition.  The applicant may make a counter-statement.
The opponent must file evidence, after which the applicant may file evidence, following which reply
evidence may be filed by the opponent; after this, additional evidence can only be filed at thediscretion of the Registrar.  The Registrar then comes to a decision, either on the evidence filed or at a
hearing, which decision may be appealed.
There is no formal procedure for wines and spirits.  Geographical indications are agreed
through European Commission, European Counci l and WTO procedures when opportunities are
provided for new indications to be challenged.
26. Who can oppose the recognition of a geographical indication?
See answer to the immediately preceding question.IP/C/W/117/Add.10
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27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
The United Kingdom recognizes PGIs and PDOs  from other EU member States.  Provision
for the recognition of PGIs and PDOs from third countries is set out in Article 12 of CouncilRegulation No. 2081/92.  Discussions on this provision by the appropriate Regulatory Committee
have still to take place.
The procedure for registering trademarks is the same as that set out above.For wines and spirits, such procedures are laid down at European Community level and
enforced in the United Kingdom legislation.
D. 
MAINTENANCE
28. How long does recognition for a geographical indication continue?
There is no prescribed time-limit for PGI/PDO registrations.  The right to use the registered
name will be withdrawn from any producer no longer conforming to the registered product's
specification, but recognition of the PGI/PDO registrations themselves continues.
There is also no prescribed time-limit for trademarks, provided renewal fees are paid.
Similarly, there are no prescribed time-limits for wines and spirits geographical indications.
29. If recognition of a geographical indication mu st be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
Renewal of trade mark registration:  £200 (on the 10th anniversary of the filing date and every
10 years after that);  fee for each additional class of goods or services:  £50;  additional fee for late
payment:  £50.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
In general, a trademark may be revoked for non-use, if it has not been put to genuine use in
the United Kingdom for an uninterrupted period of five years.
There is no requirement of use to maintain PGI/PDO registrations, nor for wines and spirits
geographical indications.
31. Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
See the answer to the immediately preceding question.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
Trademarks are not monitored by any one entity, simply by interested parties.IP/C/W/117/Add.10
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All products registered as PGI/PDO are subjec t to regular inspection to ensure that the
requirements of the registered specification are met.
There are no criteria for wines and spirits geographical indications.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
No entity performs such monitoring other than for wines and spirits.
The Wine Standards Board (WSB) monitors labelling at wholesale and import/export level
for wines.  Local government authorities monitor spirits and the retail sector for wines on behalf of
the Government.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.
A third party may apply for revocation of a trademark on the grounds of non-use, if it has not
been put to genuine use in the United Kingdom for an uninterrupted period of five years.  The onus ison the party applying for revocation to show non-use.
In the case of PGI/PDO registrations, Arti cle 11 of Council Regulation No. 2081/92 lays
down procedures whereby member State(s) may submit to the member State concerned that a
condition laid down in a PGI/PDO specification has not be en met.  If the member State(s) fail to reach
an agreement on the matter, it is referred to the European Commission for a decision.
Not applicable to wines and spirits.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
A trademark may be revoked or declared invalid on a number of grounds following an
application by any person, i.e. such action is not ex officio.  However, a trademark will be removed
from the Register if a renewal is not made.
PGI/PDO registrations are not forfeited following ex officio procedures.
Not applicable to wines and spirits (see answers to questions 28 to 31 above).
E. 
SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
Only the owner, or those to whom he gives authorization, may use a trademark.
Producers who are not part of the original applicant group, but who can show that their
product conforms fully with a registered PGI/PDO specification, may use the registered name.
Since requests are made ex officio, any product conforming to a geographical indication for
wines or spirits may use the name.IP/C/W/117/Add.10
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37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
The entity that obtained the recognition.
Geographical indications for wines and spirits are set up ex officio.  Once established they are
policed by the Wines Standards Board (WSB) and local government authorities.  However, it is opento individuals or trade associations to complain to the Ministry of Agriculture, Fisheries and Food
(MAFF) or to take civil action, if they believe a geographical indication is being misused.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
The conditions of use, including fees, of a trademark by an authorized user are a matter for
that user and the mark owner.
There are no fees for wines or spirits.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
A passing off action is brought in accordance with the procedures outlined in the
United Kingdom's responses to the Checkli st of Issues on Enforcement (IP/C/5).
15
Infringement proceedings may be undertaken in the civil courts by the proprietor of a
trademark.
Where EC regulations have been contravened, the competent authorities may prosecute.
40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?
A third party may apply for revocation of a trademark on the grounds of non-use, if it has not
been put to genuine use in the United Kingdom  for an uninterrupted period of five years.
The right to continue to use PGI/PDO designations is dependent on the producer continuing
to conform to the registered product's specification.
There is no condition of use for wine and spirits indications.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Under Section 46(1) of the Trade Marks Act 1994, any person may apply for revocation of a
trademark, which notice must include a statement of the grounds for revocation.  The proprietor may
make a counter-statement and is obliged to file evidence of the use of his trademark on which he
intends to rely.  The applicant for revocation must file evidence, after which the proprietor may file
evidence, following which reply evidence may be filed by the applicant for revocation;  after this,
additional evidence can only be filed at the discretion of the Registrar.  The Registrar then comes to a
decision, either on the evidence filed or at a hearing, which decision may be appealed.
                                                     
15 See document IP/N/6/GBR/1.IP/C/W/117/Add.10
Page 154
See the answer to immediately preceding question.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licences?  If such conditions are not met,
what is the effect on the geographical indication?
Trademarks may be licensed in accordance with Section 28 of the Trade Marks Act 1994.
The conditions of such licences are matters for the parties concerned.
There is no provision for the licensing of PGI or PDO designations, nor for wines and spirits
indications.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
EC regulations apply and are enforced through United Kingdom legislation.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
Article 14 of EC Regulation No. 2081/92 se ts out the relationship between PGI/PDO
designations and trade marks:
1. Where a designation of origin or geographical indication is registered in accordance
with this Regulation, the application for registration of a trademark corresponding to one of
the situations referred to in Article 13 and relating to the same type of product shall berefused, provided that the application for registration of the trademark was submitted after the
date of the publication provided for in Article 6(2).
Trademarks registered in breach of the fist subparagraph shall be declared invalid.
This paragraph shall also apply where the application for registration of a trademark waslodged before the date of publication of the application for registration provided for in
Article 6(2), provided that the publication occurred before the trademark was registered.
2. With due regard for Community law, use of a trademark corresponding to one of the
situations referred to in Article 13 which was registered in good faith before the date onwhich application for registration of a designation of origin or geographical indication was
lodged may continue notwithstanding the registration of a designation of origin or
geographical indication, where there are no grounds for invalidity or revocation of the
trademark as provided respectively by Article 3(1)(c) and (g) and Article 12(2)(b) of the First
Council Directive No. 89/104/EEC of 21 Dece mber 1988 to approximate the laws of the
member States relating to trademarks.
3. A designation of origin or geographical indication shall not be registered where, in
the light of a trademark's reputation and renow n and the length of time it has been used,
registration is liable to mislead the consumer as to the true identity of the product.
Efforts are made within the United Kingdom Trade Marks Registry to meet these
requirements on registration.
Not applicable to wines and spirits indications.IP/C/W/117/Add.10
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45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
See the answer to the immediately preceding question.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
The normal court and administrative procedures that are available for trademark disputes.
See also the answer to question 44 above.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
A passing off action is brought in accordance with the procedures outlined in the
United Kingdom's responses to the Checkli st of Issues on Enforcement (IP/C/5).16
A trademark proprietor may bring an action in the civil courts.
Local weights and measures authorities enforce the Trade Descriptions Act 1968.Enforcement of the EU legislation on PDOs and PGIs will be the responsibility of Trading
Standards Officers.  A Statutory Instrument providing for these enforcement powers is being drafted.
In the wines and spirits sector, European Community legislation on geographical indications
is enforced by the Wine Standards Board (WSB) and local government authorities, who may
ultimately pursue cases through the criminal courts.  Individuals are also free to pursue cases throughthe civil courts.
48. Who has the right to enforce a geographical indication?
See the answer to the immediately preceding question.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
The civil courts (see also answers to previous questions).
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
No.  In the case of PGIs and PDOs, the public is notified of registrations by publication in the
Official Journal of the European Communities.  Summary sheets for registered PGIs and PDOs are
also published on the Internet.
There is no onus on member States to publish lists of geographical indications for wines and
spirits, but the European Community publishes all approved geographical indications in its Official
Journal.
                                                     
16 See document IP/N/6/GBR/1.IP/C/W/117/Add.10
Page 156
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
Sections 92, 94, 95 and 99 of the Trade Marks Act 1994 set out certain criminal offences in
relation to trademarks.
See also answers to questions 47 to 49 above.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement
for the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relations hip between it and your national legislation.
No.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
None.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type","style", "imitation" or the like?
Article 13 of EC Regulation No. 2081/92 (rel ating to foods and agricultural products)
provides that registered names shall be protected inter alia  against any misuse, imitation or evocation,
even if the true origin of the product is indicated or if the protected name is translated or accompaniedby an expression such as "style", "type", "method", "as produced in", "imitation" or similar.
United Kingdom legislation provides for enforcement of the EC regulations covering this
point in relation to wines and spirits indications.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
EC Regulation No. 2081/92 (covering agricultural products and foodstuffs) distinguishes
between Protected Designation of Origin (PDO)  and Protected Geographical Indication (PGI).
United Kingdom legislation for wines and spirits does not define these terms.  However, it
provides for enforcement of EC definitions.  See also the answer to question 8 under I above.IP/C/W/117/Add.10
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3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits.
See the answer to question 14 under I above.
C. RELATIONSHIP TO TRADEMARKS (SECTION OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trade mark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
Sections 3(3)(b) and 46(1)(d) of the Trade Marks Act 1994 allow for refusal or revocation of
a trademark that is liable to deceive or mislead the public.
United Kingdom legislation provides for enforcement of the EC regulations covering this
point in relation to wines and spirits indications.
__________