Geographical indications summary

A geographical indication means a designation of origin and a geographical indication.

A designation of origin is the name of a country, a region or a specific locality in that country, which serves to designate goods, which originate therefrom and whose quality or properties are mainly or exclusively attributable to the geographical environment, comprising natural and human factors.

A geographical indication is the name of a country, a region or a specific locality in that country, serving to designate a commodity, originating therefrom and possessing a quality, a reputation or any other characteristic, that may be attributed to that geographical origin.

Geographical indications are also traditional names that meet the requirements of the definitions of designation of origin and geographical indication.

Geographical indications for agricultural products and foodstuffs shall not be registered under this Act if they are falling within the scope of 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, hereinafter referred to as "Regulation (EU) (1151/2012", for spirit drinks 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, hereinafter referred to as "Regulation (EC) № 110/2008", for products under Art. 92 (1) of 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 and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, hereinafter referred to as "Regulation (EU) № 1308/2013", and for aromatised wine products falling within the scope of Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91, hereinafter referred to as "Regulation (EU) № 251/2014".

The legal protection of a registered geographical indication covers the prohibition of:

• any direct or indirect use for commercial purposes of a registered geographical indication for goods, which do not fall within the scope of registration, where they are comparable to those, for which the geographical indication is registered, or insofar as such use exploits its renown;
• any misuse, imitation or evocation, even where the actual origin of the goods or services is indicated, or where the protected geographical indication is translated or accompanied by expressions such as „style", „type", „method", as produced in „imitation" or similar;
• any other false or misleading indication, as to the source, origin, nature or essential qualities of the goods, used on the inner or outer packaging, advertising materials or documents, relating to the goods, and packaging, which can create an erroneous picture of their origin;
• any other practice, likely to mislead the consumer, as to the true origin of the goods.

Registered geographical indications may not become generic names while enjoying legal protection.