Consolidated texts on the EU-Mercosur negotiations were leaked following the negotiation round which took place in early March. This does not constitute the final version of the IPRs chapter as the negotiations are still ongoing (some provisions are in brackets, which means that no agreement was yet found on these topics).
In particular, article 12.3, paragraph 1, covers the scope of protection of the GIs included in the annex to the agreement.
The protection is granted against:
- any direct or indirect commercial use of a protected name for comparable products not complying with the product specification of the GI; or that exploits the reputation of a GI;
- the use of a GI not originating in the place indicated by the GI, even where the true origin of the goods is indicated, or GI is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like;
- any misuse, imitation or deceiving use of a protected name of a GI; or any false or misleading indication to a protected name of a GI; or any other practice liable to mislead the consumer as to the true origin of the product.
Interesting to check as well article 12.3, paragraph 3, on the relationship with trademarks; article 12.3, paragraphs 4 to 7, on multi-component or common terms; article 12.3, paragraphs 8, on homonymous names; article 12.5 on enforcement (administrative actions – ex officio – and judicial means).
Interesting to check as well article 12.3, paragraph 3, on the relationship with trademarks; article 12.3, paragraphs 4 to 7, on multi-component or common terms; article 12.3, paragraphs 8, on homonymous names; article 12.5 on enforcement (administrative actions – ex officio – and judicial means).
See the EU-Mercosur negotiations leaked IPRs chapter
This summary has been extracted from an “oriGIn Alert”, which is a service reserved exclusively to oriGIn members.
