Article 93 Definitions

"a designation of origin" means the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 92(1) fulfilling the following requirements:

1. (i)

   the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

2. (ii)

   the grapes from which the product is produced come exclusively from that geographical area;

3. (iii)

   the production takes place in that geographical area; F1...

4. (iv)

   ...

"a geographical indication" means an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 92(1) fulfilling the following requirements:

1. (i)

   it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;

2. (ii)

   at least 85 % of the grapes used for its production come exclusively from that geographical area;

3. (iii)

   its production takes place in that geographical area; F2...

4. (iv)

   ...

‘application to register a trade mark’ means an application to register a trade mark made under the TMA;

‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication;

‘bridging arrangements’ has the meaning given in Article 102c(2)(b);

‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;

‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a designation of origin or geographical indication of the third country in the European Union;

‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect before IP completion day;

‘Great Britain's PDOs and PGIs Register’ means the register established and maintained by the Secretary of State under Article 104;

‘the relevant period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls;

‘third country’ means—

‘the TMA’ means the Trade Marks Act 1994;

‘the Types Table’ means the table in Part 3 of Annex 9A.

designate a wine;

refer to a geographical name;

fulfil the requirements referred to in points (a)(i) to F4(iii) of paragraph 1; and

have undergone the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection.