OpenLegislation

Annex 2B APPEALSF1

Original text. Later amendments are not shown.

Column 1DecisionColumn 2Persons who may appeal against the decisionColumn 3FTT powers
Decision of the Secretary of State to approve an application submitted under Article 11 or 13a to protect a geographical indication.

The persons are:

(a) a person who lodges a duly substantiated statement of objection in relation to the application under Article 15;

(b) a person marketing a product that is, or may be, affected by the protection of the geographical indication.

Power to:

(a) quash the decision and direct the Secretary of State to:

(i) remove the entry for the geographical indication from Great Britain's GIs Register, and

(ii) remove the copy of the product specification for the geographical indication attached to Great Britain's GIs Register, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Decision of the Secretary of State to reject an application submitted under Article 11 or 13a to protect a geographical indication.

The persons are:

(a) the person who submitted the application;

(b) a person marketing a product that is, or may be, affected by the decision not to protect the geographical indication.

Power to:

(a) quash the decision and direct the Secretary of State to protect the geographical indication by:

(i) making an entry for the geographical indication in Great Britain's GI Register, recording the data specified in Article 21(2) in the register, and

(ii) attaching a copy of the product specification for the geographical indication to Great Britain's GI Register, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Decision of the Secretary of State to approve an application submitted under Article 24 to amend a product specification for a geographical indication.

The persons are:

(a) a person who lodges a duly substantiated statement of objection in relation to the application under Article 15 (as it applies to an application to amend a product specification by virtue of Article 24(2));

(b) a person marketing a product that is, or may be, affected by the amendment of the product specification.

Power to:

(a) quash the decision and direct the Secretary of State to:

(i) restore the data in the entry for the geographical indication in Great Britain's GI Register (if appropriate);

(ii) remove the copy of the amended product specification for the geographical indication attached to Great Britain's GI Register and replace it with a copy of the product specification for the geographical indication that was attached to the register immediately before the Secretary of State decided to approve the application, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Decision of the Secretary of State to reject an application submitted under Article 24 to amend a product specification for a geographical indication.

The persons are:

(a) the person who submitted the application;

(b) a person marketing a product that is, or may be, affected by the decision not to amend the product specification.

Power to:

(a) quash the decision and (as appropriate) direct the Secretary of State to:

(i) make such change to the data in the entry for the geographical indication in Great Britain's GI Register as the amendment to the product specification may entail;

(ii) replace the copy of the product specification attached to Great Britain's GIs Register with a copy of the amended product specification, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Decision of the Secretary of State under Article 25, on the Secretary of State's own initiative, to cancel the protection of a geographical indication.

The persons are:

(a) a person who lodges a duly substantiated statement of objection in relation to the proposed decision to cancel the geographical indication under Article 15 (as it applies to the cancellation of a geographical indication by virtue of the second paragraph of Article 25);

(b) a person marketing a product that is, or may be, affected by the cancellation of the protection of the geographical indication.

Power to:

(a) quash the decision and direct the Secretary of State to:

(i) restore the entry for the geographical indication in Great Britain's GIs Register, and

(ii) reattach to Great Britain's GIs Register a copy of the product specification for the geographical indication that was attached to that register immediately before the Secretary of State decided to cancel the protection of the geographical indication, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Decision of the Secretary of State to approve a request submitted under Article 25 to cancel the protection of a geographical indication.

The persons are:

(a) a person who lodges a duly substantiated statement of objection under Article 15 in relation to the request (as it applies to a request to cancel the protection of a geographical indication by virtue of the second paragraph of Article 25);

(b) a person marketing a product that is, or may be, affected by the cancellation of the protection of the geographical indication.

Power to:

(a) quash the decision and direct the Secretary of State to:

(i) restore the entry for the geographical indication in Great Britain's GIs Register, and

(ii) reattach to Great Britain's GIs Register a copy of the product specification for the geographical indication that was attached to that register immediately before the Secretary of State decided to cancel the protection of the geographical indication, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Decision of the Secretary of State to reject a request submitted under Article 25 to cancel the protection of a geographical indication.

The persons are:

(a) the person who submitted the request;

(b) a person marketing a product that is, or may be, affected by the decision not to cancel the protection of the geographical indication.

Power to:

(a) quash the decision and direct the Secretary of State to:

(i) remove the entry for the geographical indication from Great Britain's GIs Register, and

(ii) remove the copy of the product specification for the geographical indication attached to Great Britain's GIs Register, or

(b) remit the matter to the Secretary of State for reconsideration and fresh decision.

Annotations

Textual amendments

F1

Annex 2B inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), reg. 1(7), Sch. 4 Pt. 8