Art. 6
Protection of geographical indications
In vigore dal 29 apr 2008
Article 6
Protection of geographical indications
1. In Serbia, the geographical indications for the Community which are listed in Appendix 1, Part A:
(a)
shall be protected for wines, spirit drinks and aromatised wines originating in the Community, and
(b)
shall not be used otherwise than under the conditions provided for by the laws and regulations of the Community.
2. In the Community, the geographical indications for Serbia which are listed in Appendix 1, Part B:
(a)
shall be protected for wines, spirit drinks and aromatised wines originating in Serbia, and
(b)
shall not be used otherwise than under the conditions provided for by the laws and regulations of Serbia.
Notwithstanding Article 2(2)(b) of Protocol 2 inasmuch as it refers to EU legislation on spirit drinks, sales denominations for spirit drinks originating in Serbia and marketed in the EU shall not be supplemented or replaced by a geographical indication.
3. The Parties shall take all measures necessary, in accordance with the Agreement in this Annex, for the reciprocal protection of the names referred to in Article 4(a) and (b), second indents which are used for the description and presentation of wines, spirit drinks and aromatised wines originating in the territory of the Parties. To that end, each Party shall make use of the appropriate legal means referred to in Article 23 of the TRIPS Agreement to ensure an effective protection and prevent geographical indications from being used to identify wines, spirit drinks and aromatised wines not covered by the indications or the descriptions concerned.
4. The geographical indications referred to in Article 4 shall be reserved exclusively for the products originating in the territory of the Party to which they apply and may be used only under the conditions laid down in the laws and regulations of that Party.
5. The protection provided for in the Agreement in this Annex shall prohibit in particular any use of protected names for wines, spirit drinks and aromatised wines which do not originate in the geographical area indicated, and shall apply even when:
—
the true origin of the wine, spirit drink or aromatised wine is indicated,
—
the geographical indication in question is used in translation,
—
the name is accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other expressions of the sort,
—
the protected name is used in any way for products falling under heading 20.09 of the Harmonised System of the International Convention on the Harmonised Commodity Description and Coding System, done at Brussels on 14 June 1983.
6. If geographical indications listed in Appendix 1 are homonymous, protection shall be granted to each indication provided that it has been used in good faith. The Parties shall mutually decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.
7. If a geographical indication listed in Appendix 1 is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPS Agreement applies.
8. The provisions of the Agreement in this Annex shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead consumers.
9. Nothing in the Agreement in this Annex shall oblige a Party to protect a geographical indication of the other Party listed in Appendix 1 which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.
10. On the entry into force of this Agreement, the Parties shall no longer deem that the protected geographical names listed in Appendix 1 are customary in the common language of the Parties as a common name for wines, spirit drinks and aromatised wines as foreseen in Article 24(6) of the TRIPS Agreement.
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Proeli:dec:2010:36(1):oj#art-6