OpenLegislation

Article 101 Additional grounds for refusal of protection

United Kingdom

Original text. Later amendments are not shown.

1.

A name that has become generic F1in the United Kingdom shall not be protected F2in Great Britain as a designation of origin or a geographical indication.

For the purposes of this Section, a "name that has become generic" means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine F3... F4in the United Kingdom.

To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:

(a)

the existing situation F5..., notably in areas of consumption;

(b)

the relevant F6... law.

2.

A name shall not be protected as a designation of origin or geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine.

Annotations

Textual amendments

F1

Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(5)

F2

Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(7)(a)

F3

Words in Art. 101(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(7)(b)

F5

Words in Art. 101(1)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 101(1)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)