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Designations of origin and geographical indications of the European Union
Brief description of the registration procedure
The registration procedure provided for in the Regulation is roughly as follows: an association of manufacturers submits an application to the member state in which the concerned geographical area is situated.
The application shall contain the so-called product specification, including the following particulars:
- the name to be protected as an DPO/PGI falling within the exclusive competence of the EU (agricultural products and foodstuffs, wines and aromatised wine products and spirits); a description of the product, including, where appropriate, raw materials, and a description of the essential characteristics of the product;
- the delimitation of the geographical area;
- proof that the product originates in that geographical area (control and registration mechanisms);
- a description of the method of obtaining the product and, where appropriate, the particulars of the packaging;
- the link between the quality, reputation or other characteristics of the product with the geographical area;
- the name and address of the inspection authority;
- any specific labelling rules;
- requirements according to national or EU regulations.
In addition to the specification, the application shall include a so-called single document containing the main points contained in the specification (i.e. the name, description of the product, including, where appropriate, specific rules on packaging and labelling, and a brief definition of the geographical area) and a description of the link between the product and the geographical environment or geographical origin.
During the national stage of the procedure, a binding finding of the competent control authority must also be submitted to the application, i.e., according to the product type of the State Agricultural and Food Inspection Authority, the State Veterinary Administration of the Czech Republic or the Central Agricultural Inspection and Testing Institute.
The competent national authority, which is the Industrial Property Office in the Czech Republic, after the successful implementation of the national stage of the procedure pursuant to Act No. 452/2001 Coll., on the protection of designations of origin and geographical indications, and on the amendment of the Consumer Protection Act, as amended (publication of the application in the Bulletin of the Office, from which the three-month period for lodging objections runs, followed by the settlement of any objections), will submit the request to the European Commission.
If the Commission considers that the application is justified because the label fulfils the conditions of protection, it shall publish it in the Official Journal of the European Union. Within three months of the date of publication, any EU member state or third country or natural or legal person established in a third country may object to the registration. Within two months of the statement of objection, it is necessary to submit to the Commission a statement of reasons for the objection, the admissibility of which shall then be verified by the Commission and, if found admissible, shall, within two months of its receipt, invite the institution or person who lodged the opposition and the applicant to try to reach an agreement within three months. At the instigation of the applicant, this period may be extended by a further three months. If no agreement is reached within the time limit, the Commission shall decide whether to register or reject the application for registration. Acts relating to registration and decisions rejecting an application shall be published in the Official Journal of the European Union.
If the Commission does not receive objections (or if the objections raised or their justification are not admissible), the Commission shall enter the name in the ‘Register of protected designations of origin and protected geographical indications’.
Names that have become generic cannot be written. The name it has generically used means the name of the product which, although it refers to the place or region where the product was originally manufactured or sold, has become the general name of the product. Thus, the geographical indication could penetrate the general language and serve to indicate the category of the same products that do not necessarily come from the area designated by the name.
At EU level, it is possible to protect the designation for:
- agricultural products and foodstuffs
- wines and aromatised wine products
Application for registration of a designation of origin / geographical indication in the EU (pdf, 770 kB) (including certificate of submission, help for completion)
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