Source: EURLEX
Language: en
Format: md

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| 22.2.2014 | EN | Official Journal of the European Union | C 51/22 |

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INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indications from the Republic of South Africa

(2014/C 51/09)

Within the ongoing negotiations with the Republic of South Africa for an agreement in the form of a Protocol on protection of geographical indications (hereafter ‘the Protocol’), the South African authorities have presented, for protection under the Protocol, the attached lists of geographical indications (GIs) for agricultural products and for wines. The European Commission is currently considering whether these GIs shall be protected under the Protocol as GIs within the meaning of Article 22(1) of the TRIPS Agreement.

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

Statements of opposition must reach the Commission within two months of the date of this publication. Statements of opposition should be sent to the following e-mail address:

AGRI-A3-GI@ec.europa.eu

Statements of opposition 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:

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| (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; |

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| (b) | be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs[(1)](#ntr1-C_2014051EN.01002201-E0001), Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products[(2)](#ntr2-C_2014051EN.01002201-E0002) and 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[(3)](#ntr3-C_2014051EN.01002201-E0003), or contained in the agreements the Union has concluded with the following countries:   |  |  | | --- | --- | | — | Australia[(4)](#ntr4-C_2014051EN.01002201-E0004), |  |  |  | | --- | --- | | — | Chile[(5)](#ntr5-C_2014051EN.01002201-E0005), |  |  |  | | --- | --- | | — | Switzerland[(6)](#ntr6-C_2014051EN.01002201-E0006), |  |  |  | | --- | --- | | — | Mexico[(7)](#ntr7-C_2014051EN.01002201-E0007), |  |  |  | | --- | --- | | — | Korea[(8)](#ntr8-C_2014051EN.01002201-E0008), |  |  |  | | --- | --- | | — | Central America[(9)](#ntr9-C_2014051EN.01002201-E0009), |  |  |  | | --- | --- | | — | Colombia and Peru[(10)](#ntr10-C_2014051EN.01002201-E0010), |  |  |  | | --- | --- | | — | former Yugoslav Republic of Macedonia[(11)](#ntr11-C_2014051EN.01002201-E0011), |  |  |  | | --- | --- | | — | Croatia[(12)](#ntr12-C_2014051EN.01002201-E0012), |  |  |  | | --- | --- | | — | Canada[(13)](#ntr13-C_2014051EN.01002201-E0013), |  |  |  | | --- | --- | | — | United States[(14)](#ntr14-C_2014051EN.01002201-E0014), |  |  |  | | --- | --- | | — | Albania[(15)](#ntr15-C_2014051EN.01002201-E0015), |  |  |  | | --- | --- | | — | Montenegro[(16)](#ntr16-C_2014051EN.01002201-E0016), |  |  |  | | --- | --- | | — | Bosnia and Herzegovina[(17)](#ntr17-C_2014051EN.01002201-E0017), |  |  |  | | --- | --- | | — | Serbia[(18)](#ntr18-C_2014051EN.01002201-E0018), |  |  |  | | --- | --- | | — | Moldova[(19)](#ntr19-C_2014051EN.01002201-E0019), |  |  |  | | --- | --- | | — | Georgia[(20)](#ntr20-C_2014051EN.01002201-E0020); | |

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| (c) | in the light of a trade mark'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; |

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| (d) | jeopardise the existence of an entirely or partly identical name or of a trade mark 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; |

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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. |

The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The possible protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.

List of GIs for agricultural products and wines
[(21)](#ntr21-C_2014051EN.01002201-E0021)

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| Type of product | Name as protected in South Africa |
| Infusion | Honeybush/Heunningbos/Honeybush Tea/Heuningbos Tee |
| Infusion | Rooibos/Red Bush/Rooibos Tea/Rooitee/Rooibosch |
| Wines | Banghoek |
| Wines | Bot River |
| Wines | Breedekloof |
| Wines | Cape Agulhas |
| Wines | Cape South Coast |
| Wines | Central Orange River |
| Wines | Ceres Plateau |
| Wines | Citrusdal Mountain |
| Wines | Citrusdal Valley |
| Wines | Eastern Cape |
| Wines | Elandskloof |
| Wines | Franschhoek Valley |
| Wines | Greyton |
| Wines | Hemel-en-Aarde Ridge |
| Wines | Hemel-en-Aarde Valley |
| Wines | Hex River Valley |
| Wines | Hout Bay |
| Wines | Klein River |
| Wines | Kwazulu-Natal |
| Wines | Lamberts Bay |
| Wines | Langeberg-Garcia |
| Wines | Limpopo |
| Wines | Malgas |
| Wines | Napier |
| Wines | Northern Cape |
| Wines | Outeniqua |
| Wines | Philadelphia |
| Wines | Plettenberg Bay |
| Wines | Polkadraai Hills |
| Wines | St Francis Bay |
| Wines | Stanford Foothills |
| Wines | Stilbaai East |
| Wines | Sunday's Glen |
| Wines | Sutherland-Karoo |
| Wines | Theewater |
| Wines | Tradouw Highlands |
| Wines | Upper Hemel-en-Aarde Valley |
| Wines | Upper Langkloof |
| Wines | Voor Paardeberg |
| Wines | Western Cape |

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