Art. 7
Protection of traditional expressions
In vigore dal 29 apr 2008
Article 7
Protection of traditional expressions
1. In Serbia, the traditional expressions for the Community listed in Appendix 2:
(a)
shall not be used for the description or presentation of wine originating in Serbia; and
(b)
may not be used for the description or presentation of wine originating in the Community otherwise than in relation to the wines of the origin and the category and in the language as listed in Appendix 2 and under the conditions provided for by the laws and regulations of the Community.
2. In the Community, the traditional expressions for Serbia listed in Appendix 2:
—
shall not be used for the description or presentation of wine originating in the Community; and may not be used for the description or presentation of wine originating in Serbia otherwise than in relation to the wines of the origin and the category and in Serbian language, as listed in Appendix 2 and under the conditions provided for by the laws and regulations of Serbia.
3. The Parties shall take the measures necessary, in accordance with this Title, for the reciprocal protection of the traditional expressions referred to in Article 4 and used for the description and presentation of wines originating in the territory of the Parties. To that end, the Parties shall provide appropriate legal means to ensure an effective protection and prevent traditional expressions from being used to describe wine not entitled to use those traditional expressions, even where the traditional expressions used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or the like.
4. If traditional expressions listed in Appendix 2 are homonymous, protection shall be granted to each expression provided it has been used in good faith and does not mislead consumers as to the actual origin of the wine. The Parties shall mutually decide the practical conditions of use under which the homonymous traditional expressions will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not mislead.
5. The protection of a traditional expression shall apply only: to the language or languages and alphabets in which it appears in Appendix 2 and not in translation; and for a category of product in relation to which it is protected for the Parties as set out in Appendix 2.
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Proeli:dec:2010:36(1):oj#art-7