{
  "url": "https://openlegislation.uk/eu-regulation-2012-1151/article-41",
  "json_url": "https://openlegislation.uk/eu-regulation-2012-1151/article-41.json",
  "legislation": "eur/2012/1151",
  "legislation_title": "Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2012-1151",
  "path": "article/41",
  "kind": "article",
  "number": "41",
  "heading": "Generic terms",
  "text": "1. Without prejudice to Article 13, this Regulation shall not affect the use in Great Britain of terms that are generic in the United Kingdom, even if the generic term is part of a name that is protected under a quality scheme.\n2. To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:\n(a) the existing situation in areas of consumption;\n(b) the relevant ... legal acts.\n3. In order to fully protect the rights of interested parties, the Secretary of State may make regulations laying down additional rules for determining the generic status of terms referred to in paragraph 1 of this Article.\n(4.) In this Article, ‘legal acts’ means legislation of the following kind whenever passed, made or adopted:\n(a) an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;\n(b) Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies to Northern Ireland, anything that forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;\n(c) an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;\n(d) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru;\n(e) assimilated direct legislation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 41(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(39)(a)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 41(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(39)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 41(2)(b) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(39)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 41(3) 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(39)(c)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 41(4) 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(39)(d)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 41(4)(e) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 98(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2012/1151/article/41",
    "retrieved_at": "2026-11-01T14:48:59.044275+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}