Article 16 Transitional provisions
United Kingdom
F1The Secretary of State must enter the names of established protected designations of origin and established protected geographical indications in the register referred to in Article 11 of this Regulation. F2The entries are to be treated as taking effect on IP completion day. The corresponding specifications shall be deemed to be the specifications referred to in Article 7 of this Regulation. Any specific transitional provisions associated with such registrations F3under EU Regulation 1151/2012, as they stood immediately before IP completion day, shall continue to apply.
In order to protect the rights and legitimate interests of producers or stakeholders concerned, the F4Secretary of State may make regulations concerning additional transitional rules.
F5In relation to established protected designations of origin and established protected geographical indications, this Regulation shall apply without prejudice to any right of coexistence recognised under Regulation (EC) No 510/2006 F6, as that Regulation had effect in Great Britain immediately before it was repealed by EU Regulation 1151/2012, in respect of designations of origin and geographical indications, on the one hand, and trade marks, on the other.
Article 12(3) (which requires that the symbol associated with the marketing in Great Britain of a product originating in Great Britain must appear on the labelling of certain products) is disapplied in respect of a product to which it would otherwise apply, for a period of three years, beginning with the day after the day on which IP completion day falls, on condition that the product concerned is marketed under an established protected designation of origin or an established protected geographical indication.
In paragraph 1, in relation to an established protected designation of origin and an established protected geographical indication, ‘corresponding specifications’ means the product specification for the relevant designation of origin or geographical indication as the specification stood immediately before IP completion day.
Annotations
Textual amendments
- F1
Words in Art. 16(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(a)(i)
- F2
Words in Art. 16(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(a)(ii)
- F3
Words in Art. 16(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(a)(iii)
- F4
Words in Art. 16(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(b)
- F5
Words in Art. 16(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(c)(i)
- F6
Words in Art. 16(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(c)(ii)
- F7
Art. 16(4)(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(18)(d)