OpenLegislation

Article 39 Surveillance of the use of names in the market place

United Kingdom

Original text. Later amendments are not shown.

1.

F1Checks must be carried out, based on a risk analysis, as regards the use, in the market place, of the geographical indications registered under this Regulation and F2... all necessary measures F3must be taken in the event of breaches of the requirements of this Chapter.

2.

F4... Appropriate administrative and judicial steps F5must be taken to prevent or stop the unlawful use of the names of products or services that are produced or marketed in F6Great Britain and that are covered by geographical indications registered under this Regulation.

To that end, F7the authorities designated in regulation 6 of the Spirit Drinks Regulations 2008 in relation to this Article, as that regulation extends to Great Britain, are responsible for taking those steps F8...

Those authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

3.

F9... The F10Secretary of State shall make public the names and addresses of those authorities F11in such manner as appears appropriate to the Secretary of State from time to time.

Annotations

Textual amendments

F1

Words in Art. 39(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(35)(a)(i)

F2

Words in Art. 39(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(35)(a)(ii)

F3

Words in Art. 39(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(35)(a)(iii)

F4

Words in Art. 39(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(35)(b)(i)(aa)

F5

Words in Art. 39(2) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(35)(b)(i)(bb)

F6

Words in Art. 39(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(35)(b)(i)(cc)

F7

Words in Art. 39(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(35)(b)(ii)(aa)

F8

Words in Art. 39(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(35)(b)(ii)(bb)

F9

Words in Art. 39(3) 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(35)(c)(i)

F10

Words in Art. 39(3) 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(35)(c)(ii)(aa)

F11

Words in Art. 39(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(35)(c)(ii)(bb)