Title II, Chapter 3, Article 26 · Regulation (EU) 2024/1143

Contents

Article 26Protection of geographical indications#

1.Geographical indications entered in the Union register of geographical indications shall be protected against:

(a)any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of that geographical indication for any product or any service exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including when those products are used as an ingredient;

(b)any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;

(c)any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, on advertising material, in documents or information provided on online interfaces relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

(d)any other practice liable to mislead the consumer as to the true origin of the product.

2.Paragraph 1 shall apply to all domain names accessible in the Union.

3.National rules on names used for agricultural products, wines and spirit drinks shall not give rise to confusion with registered geographical indications.

4.The protection referred to in paragraph 1 shall also apply to:

(a)goods entering the customs territory of the Union without being released for free circulation within that territory;

(b)goods sold by means of distance selling, such as electronic commerce; and

(c)goods intended for export to third countries.

5.The entities listed in Article 3(1), point (d), of Regulation (EU) No 608/2013 of the European Parliament and of the Council^note shall be entitled to submit an application to the customs authorities to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph 1 of this Article.

6.Geographical indications registered under this Regulation shall not become generic in the Union.

7.Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute, as a general rule, conduct referred to in paragraph 1, points (a) and (b).