Article 54 Cancellation
United Kingdom
The F1Secretary of State may, on F2the Secretary of State's own initiative or at the request of any natural or legal person having a legitimate interest, F3decide to cancel the registration of a protected designation of origin or of a protected geographical indication or of a traditional speciality guaranteed in the following cases:
where compliance with the conditions of the specification is not ensured;
where no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least seven years.
The F4Secretary of State may, at the request of the producers of product marketed under the registered name, cancel the corresponding registration.
F5...
The Secretary of State may, on the Secretary of State’s own initiative or at the request of any natural or legal person having a legitimate interest, decide to cancel the registration of a protected designation of origin or a protected geographical indication on the grounds that, on the date on which the application for registration was submitted to the Secretary of State under Article 49, either of the following provisions applied in relation to the name proposed:
paragraph 1 of Article 6 (no registration of generic terms), or
paragraph 4 of Article 6 (conflict with trade mark).
In a case where the protected designation of origin or protected geographical indication has been the subject of an application for approval of an amendment to the product specification under Article 53 which resulted in a change to the protected name, the reference in paragraph 1A to the application for registration under Article 49 is to be read as a reference to the application for approval of the amendment to the name under Article 49 as applied by Article 53(2) (or, in a case where there has been more than one such application, the latest of those).
In order to ensure legal certainty that all parties have the opportunity to defend their rights and legitimate interests, the F7Secretary of State may make regulations complementing the rules regarding the cancellation process.
The F8Secretary of State may make regulations laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraph 1 of this Article.F9...
An implementing act to which paragraph 4 applies is revoked.
This paragraph applies to an implementing act adopted by the European Commission under Article 54(1) of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.
Annotations
Textual amendments
- F1
Words in Art. 54(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(52)(a)(i)(aa)
- F2
Words in Art. 54(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(52)(a)(i)(bb)
- F3
Words in Art. 54(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(52)(a)(i)(cc)
- F4
Words in Art. 54(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(52)(a)(ii)
- F5
Words in Art. 54(1) 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(52)(a)(iii)
- F6
Art. 54(1A)(1B) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), s. 4(4) (with s. 4(11))
- F7
Words in Art. 54(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(52)(b)(i)
- F8
Words in Art. 54(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(52)(b)(ii)(aa)
- F9
Words in Art. 54(2) 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(52)(b)(ii)(bb)
- F10
Art. 54(3)(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(52)(c)