Art. 13
Enforcement and mutual assistance between the parties
In vigore dal 29 apr 2008
Article 13
Enforcement and mutual assistance between the parties
1. If the description or presentation of a wine, spirit drink or aromatised wine in particular on the labelling, in official or commercial documents or in advertising, is in breach of the Agreement in this Annex, the Parties shall apply the necessary administrative measures and/or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name in any other way.
2. The measures and proceedings referred to in paragraph 1 shall be taken in particular:
(a)
where descriptions or translation of description, names, inscriptions or illustrations relating to wine, spirit or aromatised wine drinks whose names are protected under the Agreement in this Annex are used, directly or indirectly, which give false or misleading information as to the origin, nature or quality of the wine, spirit drink or aromatised wine;
(b)
where, for packaging, containers are used which are misleading as to the origin of the wine.
3. If one of the Parties has reason to suspect that:
(a)
a wine, spirit drink or aromatised wine as defined in Article 2, being or having been traded in Serbia and the Community, does not comply with rules governing the wine, spirit drink or aromatised wine sector in the Community or in Serbia or with this Agreement; and
(b)
this non-compliance is of particular interest to the other Party and could result in administrative measures and/or legal proceedings being taken,
it shall immediately inform the representative body of the other Party.
4. The information to be provided in accordance with paragraph 3 shall include details of the non-compliance with the rules governing the wine, spirit drink and aromatised wine sector of the Party and/or the Agreement in this Annex and shall be accompanied by official, commercial or other appropriate documents, with details of any administrative measures or legal proceedings that may, if necessary, be taken.
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Proeli:dec:2010:36(1):oj#art-13