Not the law itself: Notice

Address https://gelex.eu/eli/EU/notice/oj/C/2017/440/14@2017-12-21/en

Contents

1. Preamble

Within the framework of negotiations with Japan for a Free Trade Agreement (hereafter the Agreement) including a chapter on Geographical Indications, the Japanese authorities have presented, for protection under the Agreement, the attached list of Geographical Indications. The European Commission is currently considering whether these Geographical Indications shall be protected under the future Agreement as Geographical Indications within the meaning of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights. 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 publication of this notice. Statements of opposition should be sent to the following email address: AGRI-A4@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:

(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 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, or contained in the agreements the Union has concluded with the following countries: (1) SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa) (2) Switzerland (3) Korea (4) Central America (5) Colombia, Peru and Ecuador (6) Montenegro (7) Bosnia and Herzegovina (8) Serbia (9) Moldova (10) Ukraine (11) Georgia

SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa)

Switzerland

Korea

Central America

Colombia, Peru and Ecuador

Montenegro

Bosnia and Herzegovina

Serbia

Moldova

Ukraine

Georgia

(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;

(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.

(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. Geographical indications proposed by Japan to be protected in the EU Product category (Hacho Miso) Other products of Annex I to the Treaty (spices etc.) — seasoning (Okuhida Yamanomura Kanboshi Daikon) Fruits, vegetables and cereals, fresh or processed — dried radish (Kamisho Satoimo) Fruits, vegetables and cereals, fresh or processed — taro (Iwatenodamura Araumi Hotate) Fresh fish, molluscs and crustaceans and products derived therefrom — scallop (Sakurajima Komikan) Fruits, vegetables and cereals, fresh or processed — mandarin (Wakasaobama Kodai Sasazuke) Fresh fish, molluscs and crustaceans and products derived therefrom — preserved sea bream (Ryukyu Moromisu) Other products of Annex I to the Treaty (spices etc.) — rice malt vinegar (Omi Gyu)/Omi Beef Fresh Meat (and offal) — beef (Miyazaki Gyu)/Miyazaki Wagyu/Miyazaki Beef Fresh Meat (and offal) — beef (Kagoshima Kuroushi)/Kagoshima Wagyu Fresh Meat (and offals) — beef (Nyuzen Jumbo Suika)/Nyuzen Jumbo Watermelon Fruits, vegetables and cereals, fresh or processed — watermelon (Kagawa Obara Beniwase Mikan) Fruits, vegetables and cereals, fresh or processed — mandarin (Hetsuka Daidai) Fruits, vegetables and cereals, fresh or processed — citrus fruits (Dojo Hachiya Gaki) Fruits, vegetables and cereals, fresh or processed — dried Japanese persimmon (Ogawarako-san Yamato Shijimi)/Lake Ogawara Brackish water clam Fresh fish, molluscs and crustaceans and products derived therefrom — freshwater clam (Miyagi Salmon)/Miyagi Salmon Fresh fish, molluscs and crustaceans and products derived therefrom — fish

Versions

1. 2017-12-21