20 Amendments of Luke Ming FLANAGAN related to 2018/0189(COD)
Amendment 6 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Following the accession of the Union to the Geneva Act, the Commission may on its own initiative or at the request of a Member State or of an interested group of producers or of the single producer using a geographical indication protected and registered in the Union, the Commission may adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under Union law and pertaining to a product originating in the Union with the International Bureau.
Amendment 7 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) Where, bBased on the assessment carried out pursuant to paragraph 1, where the Commission considers that the conditions laid down in that paragraph are prima facie fulfilled, it shall publish the geographical indication proposed for protection in the Union together with the product type and country of origin in the Official Journal of the European Union, C series.
Amendment 8 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 9 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Within two months from the date of publication of the name of the geographical indication in the Official Journal of the European Union in accordance with Article 4(2), tany or all of the following may lodge an opposition with the Commission, in one of the official languages of the Union: 1) The authorities of a Member State, or of a third country other than the Contracting Party of Origin, or a; 2) A natural or legal person having a legitimate interest and established in the Union, or in a third country other than the Contracting Party of Origin may lodge an opposition with the Commission, in one of the official languages of the Union.
Amendment 10 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
(2) Such opposition shall be admissible only if 1) it is lodged within the time limit set out in paragraph 1 and 2) if it contains one or more of the following claims:
Amendment 11 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) that the protection in the Union of the geographical indication registered in the International Register would infringe a prior trade mark right;
Amendment 12 #
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) that the protection in the Union of the geographical indication proposed would jeopardise tany or many of the following: * The use of an entirely identical or partly identical name or t; * The exclusive nature of a trade mark or t; * The economic value of products which have been legally placed on the market for at least five years preceding the date of the publication of the name of the geographical indication in the Official Journal of the European Union in accordance with Article 4(2);
Amendment 13 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Decision on protection in the Union of third -country geographical indications registered in the International Register
Amendment 14 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the geographical indication, is no longer protected in the Contracting Party of Origin;
Amendment 15 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Relation to trade marks
Amendment 16 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) The protection of a geographical indication shall not prejudice the validity of a prior trade mark applied for or registered in good faith, or acquired through use in good faith in the territory of the Union.
Amendment 17 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) A geographical indication registered in the International Register shall not be protected in the territory of the Union where in the light of a trade mark's reputation and renown and the length of time it has been used, protection of the said geographical indication in the territory of the Union would be liable to mislead the consumer as to the true identity of the product.
Amendment 18 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) Without prejudice to paragraph 2, a prior trade mark applied for or registered in good faith in the territory of the Union, or acquired through use in good faith the use of which would contravene the protection of a geographical indication, may continue to be used and renewed for the product concerned notwithstanding the protection of a geographical indication provided that no grounds for invalidity or revocation exist under Regulation (EU) 2017/1001 of the European Parliament and of the Council9 . In such cases the use of the geographical indication shall be permitted as well as use of the trade mark concerned. _________________ 9 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154 of 16.07.2017, page 1).
Amendment 19 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Those Member States which were members of the Special Union before the accession of the Union to the Geneva Act may grant protection to a third -country contracting party to the Lisbon Agreement of 1958, or to that Agreement as revised at Stockholm on July 14, 1967 and amended on September 28, 1979 by means of a national protection system, with effect from the date on which the Union becomes a contracting party to the Geneva Act, as regards geographical indications registered as at that date under the Special Union, or with effect from the date on which the international registration in the International Register of the geographical indication is notified to the Member State by the Commission.
Amendment 20 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
(2) Where a third -country name is not registered under this Regulation, the consequences of such a national protection system shall be the sole responsibility of the Member State concerned.
Amendment 21 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 22 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) for wine-sector products falling within the scope of Article 92(1) of Regulation (EU) No 1308/2013, by the Committee for the Common Organisation of the Agricultural Markets established by Article 229 of that Regulation;
Amendment 23 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) for aromatised wine products as defined in Article 3 of Regulation (EU) No 251/2014 of the European Parliament and of the Council10, by the Committee on aromatised wine products established by Article 34 of that Regulation; _________________ 10 Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
Amendment 24 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) for spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the European Parliament and of the Council11, by the Committee for Spirit Drinks established by Article 25 of that Regulation; _________________ 11 Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Amendment 25 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) for products falling within the scope of the first subparagraph of Article 2(1) of Regulation (EU) No 1151/2012, by the Agricultural Product Quality Policy Committee established by Article 57 of that Regulation;