The Procedural Aspects of Geographical Indications: Registration, Controls and Enforcement
摘要
This chapter is devoted to a set of GIs procedural aspects that are the backbone of the EU GIs system. Based on judgments like the ones on the cases Port Charlotte, Halloumi and Comté, we examine the importance of the registration as an essential condition for protection, the role of Member States in facilitating the reception of the application and in giving a provisional protection, as well as granting the national opposition procedures. Kühne and Jambon sec cases showed that the general understanding should be that it is for the Member State to check the application; for the Commission to assess that the application contains the information required (i.e. standing orders) and to scrutinise it is not vitiated with errors; and for the National Courts to verify decisions taken by national authorities on minor amendments. We make technical findings on the difficulties that the system faces when the national decision is reviewed by a national Court or when the Member State is called to adopt measures against conduct which infringe a PDO. Furthermore, it deals with the verification and control systems in place to ensure the authenticity and quality of GI products and with the adoption of measures by the authorities against conducts which infringed GIs. Finally, it covers the new provisions from the EU Digital Services Act related to enforcement and online intermediary services as regards the responsibilities of the judicial and administrative authorities as GIs enforcement.