# C_2008141EN.01003301.xml

| 7.6.2008 | EN | Official Journal of the European Union | C 141/33 |
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7.6.2008

EN

Official Journal of the European Union

C 141/33

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Notice — Geographical indications from the Republic of Korea

(2008/C 141/15)

In the framework of the ongoing negotiations for concluding a Free Trade Agreement with the Republic of Korea, the protection in the European Community as geographical indications of the names set out below and registered in the Republic of Korea under the ‘Agricultural Products Quality Control Act’ is under consideration. As far as products falling within the scope of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) are concerned, protection by means of inclusion in the register as provided for by Article 7 of that Regulation is under consideration.

1

The Commission invites any Member State or third country or any natural or legal persons having a legitimate interest, established or resident in a Member State or in a third country to submit objections to such protection by lodging a duly substantiated statement.

Statements of objection must reach the European Commission within 2 months from the date of this publication.

Statements of objection shall be admissible only if they are received within the time-limit set out above and if they show that the protection of the name proposed would:

| 1. | for products falling within the scope of Regulation (EC) No 510/2006:






  (a) | conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product (Article 3(2) of Regulation (EC) No 510/2006); |
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1.

for products falling within the scope of Regulation (EC) No 510/2006:

(a)

conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product (Article 3(2) of Regulation (EC) No 510/2006);

| (b) | be wholly or partially homonymous with that of a name already registered under Regulation (EC) No 510/2006, and give rise to the situations described in Article 3(3) thereof; |
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(b)

be wholly or partially homonymous with that of a name already registered under Regulation (EC) No 510/2006, and give rise to the situations described in Article 3(3) thereof;

| (c) | in the light of a trademark's reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product (Article 3(4) of Regulation (EC) No 510/2006); |
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(c)

in the light of a trademark's reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product (Article 3(4) of Regulation (EC) No 510/2006);

| (d) | jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice (Article 7(3)(c) of Regulation (EC) No 510/2006); |
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(d)

jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice (Article 7(3)(c) of Regulation (EC) No 510/2006);

| (e) | or if they can give details from which it can be concluded that the name for which protection is considered is generic within the meaning of Article 3(1) of Regulation (EC) No 510/2006; |
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(e)

or if they can give details from which it can be concluded that the name for which protection is considered is generic within the meaning of Article 3(1) of Regulation (EC) No 510/2006;

| 2. | for products falling within the scope of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (2):






  (a) | be wholly or partially homonymous with that of a name already registered under Regulation (EC) No 110/2008, and give rise to the situations described in Article 19 of Regulation (EC) No 110/2008; |
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2.

for products falling within the scope of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (2):

2

(a)

be wholly or partially homonymous with that of a name already registered under Regulation (EC) No 110/2008, and give rise to the situations described in Article 19 of Regulation (EC) No 110/2008;

| (b) | in the light of a trade mark's reputation and renown and the length of time it has been used in the Community, be liable to mislead the consumer as to the true identity of the product (Article 23(3) of Regulation (EC) No 110/2008); |
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(b)

in the light of a trade mark's reputation and renown and the length of time it has been used in the Community, be liable to mislead the consumer as to the true identity of the product (Article 23(3) of Regulation (EC) No 110/2008);

| (c) | or if they can give details from which it can be concluded that the name for which protection is considered is generic within the meaning of Article 15(3) of Regulation (EC) No 110/2008. |
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(c)

or if they can give details from which it can be concluded that the name for which protection is considered is generic within the meaning of Article 15(3) of Regulation (EC) No 110/2008.

The criteria referred to above shall be evaluated in relation to the territory of the Community, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected.

Statements of objection should be sent to the following e-mail address: AGRI-A2@ec.europa.eu

The present notice is without prejudice to the possibility of applying for registration of names from the Republic of Korea under Article 5(9) of Regulation (EC) No 510/2006 or Article 17(3) of Regulation (EC) No 110/2008.

List of geographical indications for agricultural products and foodstuffs (3)

3

Note: A: agricultural product, P: processed product, W: wine, S: spirits, L: livestock product, F: forest product.

Note

1.   Agro-livestock products

| Reg. No (4) | Item (5) | Registered name (6) | Note (7) | Possible corresponding Trademark Class (8) | Comments (9) |
| --- | --- | --- | --- | --- | --- |
| 1 | Green Tea | Boseong Green Tea | P | 30 | |
| 2 | Green Tea | Hadong Green Tea | P | 30 | |
| 3 | Wine | Gochang Black Raspberry Wine | W | 33 | Fruit ‘wine’ covered by Regulation (EC) No 510/2006 |
| 4 | Garlic | Seosan Garlic | A | 31 | |
| 5 | Red Pepper Powder | Yeongyang Red Pepper Powder | P | 30 | |
| 6 | Garlic | Uiseong Garlic | A | 31 | |
| 7 | Red Pepper | Goesan Red Pepper Dried | A | 30 | |
| 8 | Kochujang | Sunchang Traditional Kochujang | P | 30 | Chili pepper paste |
| 9 | Red Pepper Powder | Goesan Red Pepper Powder | P | 30 | |
| 10 | Melon | Seongju Chamoe | A | 31 | |
| 11 | Cabbage | Haenam Winter Baechu | A | 31 | |
| 12 | Rice | Icheon Rice | A | 30 | |
| 13 | Rice | Chorwon Rice | A | 30 | |
| 14 | Citron | Goheung Yuja | A | 31 | |
| 15 | Waxy Corn | Hongcheon Waxy Corn | A | 31 | |
| 16 | Mugwort | Ganghwa Mugwort | A | 31 | |
| 17 | Beef | Hoengseong Hanwoo Beef | L | 29 | |
| 18 | Pork | Jeju Pork | L | 29 | |
| 19 | Red Ginseng | Korean Red Ginseng | P | 31 | |
| 20 | White Ginseng | Korean White Ginseng | P | 31 | |
| 21 | Taekuk Ginseng | Korean Taekuk Ginseng | P | 31 | |
| 23 | Apple | Chungju Apple | A | 31 | |
| 24 | Apple | Miryang Eoreumglol Apple | A | 31 | |
| 26 | Spirits | Jindo Hongju | S | 33 | |
| 27 | Milk Vetch | Jeongseon Hwanggi | A | 29 | |
| 28 | Garlic | Namhae Garlic | A | 31 | |
| 29 | Garlic | Danyang Garlic | A | 31 | |
| 30 | Onion | Changnyeong Onion | A | 31 | |
| 31 | Onion | Muan Onion | A | 31 | |
| 32 | Rice | Yeoju Rice | A | 30 | |
| 33 | White Lotus Tea | Muan White Lotus Tea | P | 30 | |
| 34 | Apple | Cheongsong Apple | A | 31 | |
| 35 | Black Raspberry | Gochang BlackRaspberry | A | 31 | |
| 36 | Apricot | Gwangyang Maesil | A | 31 | |
| 37 | Waxy Corn | Jeongseon Waxy Corn | A | 31 | |
| 38 | Angelica Gigas Nakai | Chinbu Dangui | A | 31 | Plant |
| 39 | Fresh Ginseng | Korean Fresh Ginseng | A | 31 | |
| 40 | Red Pepper | Cheongyang Hot Pepper | A | 31 | |
| 41 | Red Pepper Powder | Cheongyang Powdered Hot Pepper | P | 31 | |
| 42 | Sweet Potato | Haenam Sweet Potato | A | 31 | |
| 43 | Fig | Yeongam Fig | A | 31 | |
| 44 | Sweet Potato | Yeoju Sweet potato | A | 31 | |

Reg. No (4)

4

Item (5)

5

Registered name (6)

6

Note (7)

7

Possible corresponding Trademark Class (8)

8

Comments (9)

9

1

Green Tea

Boseong Green Tea

Image

P

30

2

Green Tea

Hadong Green Tea

Image

P

30

3

Wine

Gochang Black Raspberry Wine

Image

W

33

Fruit ‘wine’ covered by Regulation (EC) No 510/2006

4

Garlic

Seosan Garlic

Image

A

31

5

Red Pepper Powder

Yeongyang Red Pepper Powder

Image

P

30

6

Garlic

Uiseong Garlic

Image

A

31

7

Red Pepper

Goesan Red Pepper Dried

Image

A

30

8

Kochujang

Sunchang Traditional Kochujang

Image

P

30

Chili pepper paste

9

Red Pepper Powder

Goesan Red Pepper Powder

Image

P

30

10

Melon

Seongju Chamoe

Image

A

31

11

Cabbage

Haenam Winter Baechu

Image

A

31

12

Rice

Icheon Rice

Image

A

30

13

Rice

Chorwon Rice

Image

A

30

14

Citron

Goheung Yuja

Image

A

31

15

Waxy Corn

Hongcheon Waxy Corn

Image

A

31

16

Mugwort

Ganghwa Mugwort

Image

A

31

17

Beef

Hoengseong Hanwoo Beef

Image

L

29

18

Pork

Jeju Pork

Image

L

29

19

Red Ginseng

Korean Red Ginseng

Image

P

31

20

White Ginseng

Korean White Ginseng

Image

P

31

21

Taekuk Ginseng

Korean Taekuk Ginseng

Image

P

31

23

Apple

Chungju Apple

Image

A

31

24

Apple

Miryang Eoreumglol Apple

Image

A

31

26

Spirits

Jindo Hongju

Image

S

33

27

Milk Vetch

Jeongseon Hwanggi

Image

A

29

28

Garlic

Namhae Garlic

Image

A

31

29

Garlic

Danyang Garlic

Image

A

31

30

Onion

Changnyeong Onion

Image

A

31

31

Onion

Muan Onion

Image

A

31

32

Rice

Yeoju Rice

Image

A

30

33

White Lotus Tea

Muan White Lotus Tea

Image

P

30

34

Apple

Cheongsong Apple

Image

A

31

35

Black Raspberry

Gochang BlackRaspberry

Image

A

31

36

Apricot

Gwangyang Maesil

Image

A

31

37

Waxy Corn

Jeongseon Waxy Corn

Image

A

31

38

Angelica Gigas Nakai

Chinbu Dangui

Image

A

31

Plant

39

Fresh Ginseng

Korean Fresh Ginseng

Image

A

31

40

Red Pepper

Cheongyang Hot Pepper

Image

A

31

41

Red Pepper Powder

Cheongyang Powdered Hot Pepper

Image

P

31

42

Sweet Potato

Haenam Sweet Potato

Image

A

31

43

Fig

Yeongam Fig

Image

A

31

44

Sweet Potato

Yeoju Sweet potato

Image

A

31

2.   Forest products

| Reg. No (10) | Item (11) | Registered name (12) | Note (13) | Possible corresponding Trademark Class (14) | Comments (15) |
| --- | --- | --- | --- | --- | --- |
| 1 | Pine-mushroom | Yangyang Pine-mushroom | F | 31 | |
| 2 | Oak-mushroom | Jangheung Oak-mushroom | F | 31 | |
| 3 | Persimmon Dried | Sancheong Persimmon Dried | F | 29 | |
| 4 | Chestnut | Jeongan Chestnut | F | 31 | |
| 5 | Wild Vegetable | Ulleungdo Samnamul | F | 31 | |
| 6 | Golden rod | Ulleungdo Miyeokchwi | F | 31 | |
| 7 | Fern | Ulleungdo Chamgobi | F | 31 | |
| 8 | Wild Vegetable | Ulleungdo Bujigaengi | F | 31 | |
| 9 | Jujube(Date) | Gyeongsan Jujube | F | 31 | |
| 10 | Pine-mushroom | Bonghwa Pine-mushroom | F | 31 | |
| 11 | Gugija | Cheongyang Gugija | F | 31 | Self-grown plant on mountain |
| 12 | Persimmon Dried | Sangju Persimmon Dried | F | 29 | |
| 13 | Fern | Namhae ChangSun Fern | F | 31 | |
| 14 | Pine-mushroom | Yeongdeok Pine-mushroom | F | 31 | |

Reg. No (10)

10

Item (11)

11

Registered name (12)

12

Note (13)

13

Possible corresponding Trademark Class (14)

14

Comments (15)

15

1

Pine-mushroom

Yangyang Pine-mushroom

Image

F

31

2

Oak-mushroom

Jangheung Oak-mushroom

Image

F

31

3

Persimmon Dried

Sancheong Persimmon Dried

Image

F

29

4

Chestnut

Jeongan Chestnut

Image

F

31

5

Wild Vegetable

Ulleungdo Samnamul

Image

F

31

6

Golden rod

Ulleungdo Miyeokchwi

Image

F

31

7

Fern

Ulleungdo Chamgobi

Image

F

31

8

Wild Vegetable

Ulleungdo Bujigaengi

Image

F

31

9

Jujube(Date)

Gyeongsan Jujube

Image

F

31

10

Pine-mushroom

Bonghwa Pine-mushroom

Image

F

31

11

Gugija

Cheongyang Gugija

Image

F

31

Self-grown plant on mountain

12

Persimmon Dried

Sangju Persimmon Dried

Image

F

29

13

Fern

Namhae ChangSun Fern

Image

F

31

14

Pine-mushroom

Yeongdeok Pine-mushroom

Image

F

31

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(1)  OJ L 93, 31.3.2006, p. 12.

1

(2)  OJ L 39, 13.2.2008, p. 16.

2

(3)  List as provided by the Authorities of the Republic of Korea in the framework of the ongoing negotiations for concluding a Free Trade Agreement. Excerpt from the Korean GI Register base on the Agricultural Products Quality Control Act No 7675, 4 August 2005.

3

(4)  Column ‘Reg. No’ as provided by the Authorities of the Republic of Korea.

4

(5)  Column ‘Item’ as provided by the Authorities of the Republic of Korea.

5

(6)  Column ‘Registered name’ as provided by the Authorities of the Republic of Korea.

6

(7)  Column ‘Note’ as provided by the Authorities of the Republic of Korea.

7

(8)  Column ‘Possible corresponding Trademark Class’ not provided by the Authorities of the Republic of Korea. For information only. Based on the International Classification of Goods and Services (Nice Classification).

8

(9)  Column ‘Comments’ not provided by the Authorities of the Republic of Korea. For information only.

9

(10)  Column ‘Reg. No’ as provided by the Authorities of the Republic of Korea.

10

(11)  Column ‘Item’ as provided by the Authorities of the Republic of Korea.

11

(12)  Column ‘Registered name’ as provided by the Authorities of the Republic of Korea.

12

(13)  Column ‘Note’ as provided by the Authorities of the Republic of Korea.

13

(14)  Column ‘Possible corresponding Trademark Class’ not provided by the Authorities of the Republic of Korea. For information only. Based on the International Classification of Goods and Services (Nice Classification).

14

(15)  Column ‘Comments’ not provided by the Authorities of the Republic of Korea. For information only.

15

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