Regulation 2019/1753 - Action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications - Main contents
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official title
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical IndicationsLegal instrument | Regulation |
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Number legal act | Regulation 2019/1753 |
Original proposal | COM(2018)365 |
CELEX number i | 32019R1753 |
Document | 23-10-2019; Date of signature |
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Publication in Official Journal | 24-10-2019; OJ L 271 p. 1-11 |
Signature | 23-10-2019 |
Effect | 13-11-2019; Entry into force Date pub. +20 See Art 17 |
Deadline | 14-11-2021; Review See Art 16 14-11-2022; See Art 11.1 And 11.2 |
End of validity | 31-12-9999 |
24.10.2019 |
EN |
Official Journal of the European Union |
L 271/1 |
REGULATION (EU) 2019/1753 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 October 2019
on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
In order for the Union to be fully able to exercise its exclusive competence in relation to its common commercial policy, and in full compliance with its commitments under the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization, it will become a Contracting Party to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (‘the Geneva Act’) pursuant to Council Decision (EU) 2019/1754 (3) which also authorises Member States to ratify the Geneva Act or accede to it in the interest of the Union. The contracting parties to the Geneva Act are members of a Special Union created by the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (‘Special Union’). In accordance with Decision (EU) 2019/1754, the Union and the Member States that have ratified the Geneva Act or acceded to it are to be represented by the Commission in the Special Union as regards the Geneva Act. |
(2) |
It is appropriate to lay down rules allowing the Union to exercise the rights and to fulfil the obligations laid down in the Geneva Act, on its behalf and on behalf of the Member States which ratify or accede to that Act. |
(3) |
The Geneva Act protects appellations of origin, including designations of origin within the meaning of Regulations (EU) No 1151/2012 (4) and (EU) No 1308/2013 (5) of the European Parliament and of the Council, as well as geographical indications within the meaning of Regulations (EU) No 1151/2012, (EU) No 1308/2013, (EU) No 251/2014 (6) and (EU) 2019/787 (7) of the European Parliament and of the Council, which are together referred to as ‘geographical indications’ in this Regulation. |
(4) |
Upon the accession of the Union to the Geneva Act and thereafter on a regular basis, the Commission should file with the International Bureau of the World Intellectual Property Organization (‘the International Bureau’) applications for the international registration of geographical indications originating and protected in the territory of the Union in the register of the International Bureau (‘the International Register’). Such applications should be based on notifications from Member States that act on their own initiative or at the request of a natural person or legal entity as referred to in point (ii) of Article 5(2) of the Geneva Act or of a beneficiary as defined in point (xvii) of Article 1 thereof. When preparing the notifications, Member States should consider the economic interest in international protection of the geographical indications concerned and take into account, in particular, the production value and the export value, protection under other agreements, as well as current or potential misuse in third countries. |
(5) |
The registration of geographical indications in the International Register should serve the purposes of providing quality products, fair competition and consumer protection. Given their significant cultural and economic value, the registration of geographical indications... |
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