Keywords
Summary

Keywords

Agriculture - Uniform laws - Protection of geographical indications and designations of origin for agricultural products and foodstuffs - Matters covered by Regulation No 2081/92 - Rules prohibiting the use of an indication of source in the absence of a link between the characteristics of the product and its geographical provenance - Not covered

(Council Regulation No 2081/92, Art. 2(2)(b))

Summary

$$Regulation No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs does not preclude the application of national legislation which prohibits the potentially misleading use of a geographical indication of source in the case of which there is no link between the characteristics of the product and its geographical provenance.

According to Article 2(2)(b), Regulation No 2081/92 only concerns geographical indications in respect of which there is a direct link between both a specific quality, reputation or other characteristic of the product and its specific geographical origin. Simple geographical indications of source, in the case of which there is no link between the characteristics of the product and its geographical provenance, do not fall within that definition and are not therefore protected under Regulation No 2081/92.

( see paras 43-44, 54 and operative part )