EN Official Journal of the European Union C 84/14

Information notice — geographical indications from the Republic of Korea

2009/C 84/11

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. The names in this list complement the names already published for objection on 7 June 2008 in OJ C 141/15, which also continue to be under consideration for protection in the EC.

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:

(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 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.

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.

List of GIs for agricultural products and foodstuffs (2)

* Note: A: agricultural product, P: processed product, L: livestock product, F: forest product

1. Agro-livestock products

Reg. No (3) Item (4) Name proposed for registration (5) Name in English (6) Note (7) Possible corresponding Trademark Class (8) Comments (9) 46 Watermelon Haman Subak ( ) Haman Watermelon A 31 47 Ginseng products Goryeo Insamjepum ( ) Korean Ginseng Products P 31 48 Ginseng products Goryeo Hongsamjepum ( ) Korean Red Ginseng Products P 31 49 Barley Gunsan Chalssalborissal ( ) Gunsan Glutinous Barley A 30 50 Green Tea Jeju Nokcha ( ) Jeju Green Tea P 30 51 Beef Hongcheon Hanwoo ( ) Hongcheon Hanwoo Beef L 29





2. Forest products

Reg. No Item Name proposed for registration Name in English Note Possible corresponding Trademark Class Comments 15 Corni fructus Gurye Sansuyu ( ) Gurye Corni fructus F 31 16 Sap Gwangyang baekunsan Gorosoe ( ) Gwangyang baekunsan Acer mono sap F 32

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

(2) 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, 4.8.2005.

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

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

(5) ‘Transcription in English’ as provided by the Authorities of the Republic of Korea.

(6) ‘Name in English’ 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.