Article 29 Transitional periods for use of geographical indications
United Kingdom
The F1Secretary of State may, by regulations, grant a transitional period of up to five years to enable F2a spirit drink, wherever it originates from, and the name of which contravenes Article 21(2), to continue to use the designation under which F3it was marketed in Great Britain on condition that an admissible statement of opposition under F4... Article 27 shows that the registration of the name would jeopardise the existence of:
an entirely identical name or of a compound name, one term of which is identical to the name to be registered; or
other names similar to the name to be registered which refer to spirit drinks which have been legally on the market for at least five years preceding the date of the publication provided for in Article 26(2).
F5...
Without prejudice to Article 36, the F6Secretary of State may, by regulations, extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years in duly justified cases, provided it is shown that:
the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for protection was submitted to the F7Secretary of State;
the purpose of using the designation referred to in paragraph 1 has not, at any time, been to profit from the reputation of the registered geographical indication; and
the consumer has not been nor could have been misled as to the true origin of the product.
F8...
When using a designation referred to in paragraphs 1 and 2, the indication of the country of origin shall clearly and visibly appear on the labelling.
Annotations
Textual amendments
- F1
Words in Art. 29(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), 28(19)(a)(i)(aa)
- F2
Words in Art. 29(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), 28(19)(a)(i)(bb)
- F3
Words in Art. 29(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), 28(19)(a)(i)(cc)
- F4
Words in Art. 29(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), 28(19)(a)(i)(dd)
- F5
Words in Art. 29(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), 28(19)(a)(ii)
- F6
Words in Art. 29(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), 28(19)(b)(i)(aa)
- F7
Words in Art. 29(2)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(19)(b)(i)(bb)
- F8
Words in Art. 29(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), 28(19)(b)(ii)