EN Official Journal of the European Union C 320/39

INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indications from Switzerland

2009/C 320/18

Bilateral negotiations with Switzerland on the protection of geographical indications are underway. In this context, the protection in the European Community, as geographical indications, of the names set out below 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 should be sent to the following e-mail address: AGRI-B3-GI@ec.europa.eu

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

(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;

(b) be wholly or partially homonymous with that of a name already protected in the European Community under 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);

(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;

(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;

(e) or if they can give details from which it can be concluded that the name for which protection is considered is generic.

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. The eventual protection of these names in the European Community is subject to the successful conclusion of these negotiations and subsequent legal act.

This present notice is without prejudice to the possibility of applying for registration of names from Switzerland under Article 5(9) of Regulation (EC) No 510/2006.

List of GIs for agricultural products and foodstuffs (2)

Class of product Name Protection (2) Spices Munder Safran AOP Cheeses Berner Alpkäse/Berner Hobelkäse AOP Formaggio d’alpe ticinese AOP L’Etivaz AOP Gruyère AOP Raclette du Valais AOP Sbrinz AOP Tête-de-Moine/Fromage de Bellelay AOP Vacherin fribourgeois AOP Vacherin Mont-d’Or AOP Fruits Poire à Botzi AOP Vegetables Cardon épineux genevois AOP Meat products Longeole IGP Saucisse d’Ajoie IGP Saucisson neuchâtelois/Saucisse neuchâteloise IGP Saucisson vaudois IGP Saucisse aux choux vaudoise IGP St. Galler Bratwurst/St. Galler Kalbsbratwurst IGP Viande des Grisons IGP Viande séchée du Valais IGP Bakery Pain de seigle valaisan AOP Milling products Rheintaler Ribel AOP

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

(2) List provided by the Swiss Authorities, in the framework of ongoing negotiations. Excerpt from the Swiss GI Register, Swiss Ordinance of 28 May 1997 (http://www.admin.ch/ch/f/rs/c910_12.html).

(3) According to the Swiss legislation in force (Swiss ordinance of 28 May 1997).