Art. 2
Definitions
In vigore dal 29 apr 2008
Article 2
Definitions
For the purposes of the Agreement in this Annex and except where otherwise expressly provided herein:
(a)
‘originating’, when used in relation to the name of a Party, shall mean that:
—
a wine is produced entirely within the Party concerned solely from grapes which have been wholly harvested in that Party,
—
a spirit drink or aromatised wine is produced within that Party;
(b)
‘geographical indication’ as listed in Appendix 1 means an indication as defined in Article 22(1) of the Agreement on Trade Related Aspects of Intellectual Property Rights (hereinafter referred to as ‘the TRIPS Agreement’);
(c)
‘traditional expression’ means a traditionally used name, as specified in Appendix 2, referring in particular to the method of production or to the quality, colour, type or place, or a particular event linked to the history of the wine concerned and recognised by the laws and regulations of a Party for the purpose of describing and presenting of such a wine originating in the territory of that Party;
(d)
‘homonymous’ means the same geographical indication or same traditional expression, or such a term so similar as to be likely to cause confusion, to denote different places, procedures or things;
(e)
‘description’ means the words used to describe a wine, spirit drink or aromatised wine on a label or documents accompanying the transport of wine, spirit drink or aromatised wine, on commercial documents particularly invoices and delivery notes, and advertising material;
(f)
‘labelling’ means all descriptions and other references, signs, designs, geographical indications or trademarks which distinguish wines, spirit drinks or aromatised wines and which appear on the same container, including its sealing device or the tag attached to the container and the sheathing covering the neck of bottles;
(g)
‘presentation’ means the entirety of terms, allusions and the like referring to a wine, spirit drink or aromatised wine used on the labelling, on the packaging; on the containers, the closure, in advertising and/or sales promotion of any kind;
(h)
‘packaging’ means the protective wrappings, such as papers, straw envelopes of any kind, cartons and cases, used in transport of one or more containers or for sale to the ultimate consumer;
(i)
‘produced’ means the entire process of wine-making, spirit drink-making and aromatised wine-making;
(j)
‘wine’ means solely the beverage resulting from full or partial alcoholic fermentation of fresh grapes of the vine varieties, referred to in the Agreement in this Annex whether or not pressed, or of its must;
(k)
‘vine varieties’ means varieties of plants of Vitis Vinifera without prejudice to any legislation which a Party may have in respect of the use of different vine varieties in wine produced in that Party;
(l)
‘WTO Agreement’ means the Marrakesh Agreement establishing the World Trade Organisation done on 15 April 1994.
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Proeli:dec:2010:36(1):oj#art-2