{
  "url": "https://openlegislation.uk/eu-regulation-2013-1308/article-101",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-1308/article-101.json",
  "legislation": "eur/2013/1308",
  "legislation_title": "Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2013-1308",
  "path": "article/101",
  "kind": "article",
  "number": "101",
  "heading": "Additional grounds for refusal of protection",
  "text": "1. A name that has become generic in the United Kingdom shall not be protected in Great Britain as a designation of origin or a geographical indication.\nFor 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 ... in the United Kingdom.\nTo establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:\n(a) the existing situation ..., notably in areas of consumption;\n(b) the relevant ... law.\n2. 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/1308/article/101",
    "retrieved_at": "2026-11-01T14:48:06.542387+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."
}