in force 2024-05-13 MODIFIED+94 −2,441§
Amended by Regulation (EU) 2024/1143 32024R1143
applies from: unchanged
The earlier text set out detailed rules across four paragraphs covering who may use a protected designation of origin or protected geographical indication, the specific forms of misuse, imitation, evocation and misleading practices they are protected against, the rule against becoming generic, and the extension of protection to goods in transit and goods sold by distance selling, including a right for producer groups or entitled operators to prevent entry of unauthorised goods.
The later text replaces all of that detail with a single sentence stating that protected designations of origin and protected geographical indications referred to in the Regulation are protected in accordance with Articles 26 to 31, 35 and 36 of Regulation (EU) 2024/1143.
Cited: Art. 103, v1 · Art. 103, v2
text before / after
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before (02013R1308-20231208)
Article 103 Protection 1. A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification. 2. A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against: (a) any direct or indirect commercial use of that protected name, including the use for products used as ingredients: (i) by comparable products not complying with the product specification of the protected name; or (ii) in so far as such use exploits, weakens or dilutes the reputation of a designation of origin or a geographical indication; (b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as style, type, method, as produced in, imitation, flavour, like or similar, including where those products are used as ingredients; (c) 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 wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin; (d) any other practice liable to mislead the consumer as to the true origin of the product. 3. Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1). 4. The protection referred to in paragraph 2 also applies with regard to: (a) goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; and (b) goods sold by means of distance selling, such as electronic commerce. For goods entering the customs territory of the Union without being released for free circulation within that territory, the group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation the protected designation of origin or protected geographical indication.
after (02013R1308-20240513)
Article 103 Protection Protected designations of origin and protected geographical indications referred to in this Regulation shall be protected in accordance with Articles 26 to 31, 35 and 36 of Regulation (EU) 2024/1143.