EN Official Journal of the European Union C 141/33

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.

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); (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); (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;

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; (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.

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)

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

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

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

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

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

(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.

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

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

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

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

(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).

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

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

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

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

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

(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).

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