УРЕДБА 510/2006 О ЗАШТИТИ ГЕОГРАФСКИХ ОЗНАКА И ОЗНАКА ЗА ПОЉОПРИВРЕДНЕ И ПРЕХРАМБЕНЕ ПРОИЗВОДЕ

Ćeranić, Jelena (2011) УРЕДБА 510/2006 О ЗАШТИТИ ГЕОГРАФСКИХ ОЗНАКА И ОЗНАКА ЗА ПОЉОПРИВРЕДНЕ И ПРЕХРАМБЕНЕ ПРОИЗВОДЕ. Evropsko zakonodavstvo, 10 (37/38). pp. 188-197. ISSN 1451-3188

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Abstract

The paper deals with the Council Regulation (EC) 510/2006 on the protection of geographical indications and designations of the origin for agricultural products and foodstuffs. This Regulation sets out provisions on agricultural products and foodstuffs (excluding all wine-sector products, except wine vinegar) from a defined geographical area. If there is a link between the characteristics of certain products and their geographical origin, they may qualify for either a protected geographical indication (PGI) or a protected designation of origin (PDO). The use of corresponding EU symbols on the labels of such products provides consumers with clear and concise information of their origin. The introduction of these two terms also benefits the rural economy, since it boosts farmers' income and maintains the population in less favoured or remote areas. For the purpose of this Regulation “designation of origin” means the name of a region, a specific place, or in exceptional cases, a country, used to describe an agricultural product or foodstuff originating from that region, specific place or country, the quality or characteristics of which are essentially or exclusively due to the particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area. “Geographical indication” means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff originating from that region, specific place or country, which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and the production аnd/or processing and/or preparation of which take place in the defined geographical area. Namesthat have become generic, i.e. those that, although linked to the place or region where the product was initially produced or sold, denote the common name of a product in the EU (such as Dijon mustard) may not be registered. Registered names are protected against: any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation” or similar; any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; any other practice liable to mislead the consumer as to the true origin of the product; commercial use of a registered name in respect of products not covered by the registration if they are comparable to the productsregistered under that name or if this use exploits the reputation of the protected name.

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