Amendments to Regulation (EU) 2019/1753

Regulation (EU) 2019/1753 is amended as follows:
(1)
Article 1 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2.   For the purposes of this Regulation, the term “geographical indications” covers appellations of origin within the meaning of the Geneva Act, including designations of origin within the meaning of Regulations (EU) No 1151/2012 and (EU) No 1308/2013, as well as geographical indications within the meaning of Regulations (EU) No 1151/2012, (EU) No 1308/2013, (EU) 2019/787 and (EU) 2023/2411 of the European Parliament and of the Council
(
*2
)
. In respect of appellations of origin relating to craft and industrial products which are the subject of an international registration, protection in the Union shall be construed as specified in Articles 6 and 40 of Regulation (EU) 2023/2411.
(
*2
)
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (
OJ L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2411/oj
).’;"
(b)
the following paragraph is added:
‘3.   For the purposes of this Regulation, “the Office” means the European Union Intellectual Property Office, established under Article 2 of Regulation (EU) 2017/1001 of the European Parliament and of the Council
(
*3
)
.
(
*3
)
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (
OJ L 154, 16.6.2017, p. 1
).’;"
(2)
Article 2 is amended as follows:
(a)
paragraphs 1 and 2 are replaced by the following:
‘1.   Upon the accession of the Union to the Geneva Act and thereafter on a regular basis, the Commission or the Office shall, in their respective capacity as Competent Authority within the meaning of Article 3 of the Geneva Act as specified in Article 4(1) of Decision (EU) 2019/1754, file applications for the international registration of geographical indications protected and registered under Union law and pertaining to products originating in the Union pursuant to Article 5(1) and (2) of the Geneva Act with the International Bureau of the World Intellectual Property Organization (“the International Bureau”).
2.   For the purposes of paragraph 1, Member States may request the Commission or, in respect of geographical indications for craft and industrial products, the Office, to register in the International Register geographical indications that originate in the territory of a Member State and that are registered and protected under Union law. Such requests shall be based on:
(a)
a request by a natural person or legal entity as referred to in point (ii) of Article 5(2) of the Geneva Act or by a beneficiary as defined in point (xvii) of Article 1 of the Geneva Act; or
(b)
their own initiative.’
;
(b)
the following paragraph is added:
‘4.   In respect of requests to register geographical indications for craft and industrial products in the International Register, the Office shall, in its capacity as Competent Authority within the meaning of Article 3 of the Geneva Act as specified in Article 4(1) of Decision (EU) 2019/1754, proceed on the basis of the decision on granting protection in accordance with Articles 21 to 37 of Regulation (EU) 2023/2411.’
;
(3)
In Article 3, the following paragraph is added:
‘4.   In respect of geographical indications for craft and industrial products, the Office shall request the International Bureau to cancel a registration in the International Register of a geographical indication originating in a Member State in any of the circumstances referred to in paragraph 1.’
;
(4)
In Article 4, paragraph 1 is replaced by the following:
‘1.   The Commission or, in respect of geographical indications for craft and industrial products, the Office shall publish any international registration notified by the International Bureau pursuant to Article 6(4) of the Geneva Act, which concerns a geographical indication registered in the International Register in respect of which the Contracting Party of Origin, as defined in point (xv) of Article 1 of the Geneva Act, is not a Member State.’
;
(5)
In Article 5, paragraph 1 is replaced by the following:
‘1.   The Commission or, in respect of geographical indications for craft and industrial products, the Office shall assess any international registration notified by the International Bureau pursuant to Article 6(4) of the Geneva Act concerning a geographical indication registered in the International Register and in respect of which the Contracting Party of Origin, as defined in point (xv) of Article 1 of the Geneva Act, is not a Member State, in order to determine whether it includes the mandatory contents laid down in Rule 5(2) of the Common Regulations under the Lisbon Agreement and the Geneva Act (the “Common Regulations”), and the particulars concerning the quality, reputation or characteristics as laid down in Rule 5(3) of the Common Regulations.’
;
(6)
Article 6 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1.   Within four months of the date of publication of the international registration in accordance with Article 4, the competent authorities of a Member State or of a third country other than the Contracting Party of Origin as defined in point (xv) of Article 1 of the Geneva Act, or a natural or legal person having a legitimate interest and established in the Union or in a third country other than the Contracting Party of Origin, may lodge an opposition with the Commission or, in respect of geographical indications for craft and industrial products, the Office. The opposition shall be in one of the official languages of the Union.’
;
(b)
in paragraph 2, point (e) is deleted;
(c)
paragraph 3 is replaced by the following:
‘3.   The grounds for opposition set out in paragraph 2 shall be assessed by the Commission or, in respect of geographical indications for craft and industrial products, the Office, in relation to the territory of the Union or part thereof.’
;
(7)
Article 7 is amended as follows:
(a)
paragraphs 1 and 2 are replaced by the following:
‘1.   Where, based on the assessment carried out pursuant to Article 5, the conditions laid down in that Article are fulfilled and no opposition or no admissible opposition has been received, the Commission shall, as appropriate, by means of an implementing act, reject any inadmissible opposition and decide to grant protection of the geographical indication. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). In respect of geographical indications for craft and industrial products, the Office shall reject any inadmissible opposition and decide to grant protection of the geographical indication.
2.   Where, based on the assessment carried out pursuant to Article 5, the conditions laid down in that Article are not fulfilled or an admissible opposition as set out in Article 6(2) has been received, the Commission shall, by means of an implementing act, decide whether to grant protection of a geographical indication registered in the International Register. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). In respect of geographical indications for craft and industrial products, the decision whether to grant protection shall be adopted by the Office or, in cases referred to in Article 30 of Regulation (EU) 2023/2411, by the Commission. Where the decision to grant protection is adopted by the Commission it shall do so by means of an implementing act adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.’
;
(b)
paragraphs 4 and 5 are replaced by the following:
‘4.   In accordance with Article 15(1) of the Geneva Act, the Commission or, in respect of geographical indications for craft and industrial products, the Office shall notify the International Bureau of the refusal of the effects of the international registration concerned in the territory of the Union, within twelve months of the receipt of the notification of international registration in accordance with Article 6(4) of the Geneva Act.
5.   The Commission may, on its own initiative or following a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, withdraw, in whole or in part, by means of an implementing act, a refusal previously notified to the International Bureau. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Where a refusal has been notified by the Office to the International Bureau in respect of the protection of geographical indications, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, withdraw, in whole or in part, that refusal.
The Commission or, in respect of geographical indications for craft and industrial products, the Office shall notify the International Bureau of such withdrawal without delay.’
;
(8)
In Article 8(1) the following subparagraph is added:
‘In respect of geographical indications for craft and industrial products, the first subparagraph shall apply
mutatis mutandis
to the decisions of the Office.’;
(9)
Article 9 is replaced by the following:
‘Article 9
Invalidation of the effects in the Union of a third-country geographical indication registered in the International Register
1.   The Commission or, in respect of geographical indications for craft and industrial products, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, invalidate, in whole or in part the effects of protection in the Union of a geographical indication, in one or more of the following circumstances:
(a)
the geographical indication is no longer protected in the Contracting Party of Origin;
(b)
the geographical indication is no longer registered in the International Register;
(c)
there is no longer compliance with the mandatory contents laid down in Rule 5(2) of the Common Regulations or with the particulars concerning the quality, reputation or characteristics as laid down in Rule 5(3) of the Common Regulations.
2.   The Commission shall adopt implementing acts for the purpose of paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation and only after the natural persons or legal entities as referred to in point (ii) of Article 5(2) of the Geneva Act or the beneficiaries as defined in point (xvii) of Article 1 of the Geneva Act have been given an opportunity to defend their rights.
3.   Where the invalidation is no longer subject to appeal, the Commission, or in respect of geographical indications for craft and industrial products, the Office shall notify the International Bureau without delay of the invalidation of the effects in the territory of the Union of the international registration of the geographical indication in accordance with point (a) or (c) of paragraph 1.’
;
(10)
In Article 11, paragraph 3 is replaced by the following:
‘3.   In respect of an appellation of origin originating in a Member State which is party to the Lisbon Agreement, for a product falling within the scope of Regulation (EU) 2023/2411, but not yet protected under that Regulation, the Member State concerned shall, on the basis of a request by a natural person or legal entity referred to in point (ii) of Article 5(2) of the Geneva Act or a beneficiary as defined in point (xvii) of Article 1 of the Geneva Act, or on its own initiative, choose to request either:
(a)
the registration of that appellation of origin under Regulation (EU) 2023/2411; or
(b)
the cancellation of the registration of that appellation of origin in the International Register.
The Member State concerned shall notify the Office of its choice pursuant to the first subparagraph of this paragraph, and lodge the respective request by 2 December 2026. The registration procedure provided for in Article 70 (4) of Regulation (EU) 2023/2411 shall apply
mutatis mutandis
.
In the case referred to in the first subparagraph, point (a), of this paragraph, the Member State concerned shall request the international registration of that appellation of origin under the Geneva Act, if that Member State has ratified or acceded to the Geneva Act pursuant to the authorisation referred to in Article 3 of Decision (EU) 2019/1754, within twelve months of the date of registration of the geographical indication under Regulation (EU) 2023/2411.
The Member State concerned shall, in coordination with the Office, verify with the International Bureau whether there are any modifications to be made under Rule 7(4) of the Common Regulations for the purpose of the registration under the Geneva Act. The Office shall authorise the Member State concerned to provide for the necessary modifications and to notify the International Bureau.
If the registration under Regulation (EU) 2023/2411 is refused and the related administrative and judicial remedies have been exhausted, or if the request for registration under the Geneva Act has not been made pursuant to the third subparagraph of this paragraph, the Member State concerned shall, without delay, request the cancellation of the registration of that appellation of origin in the International Register.’
;
(11)
in Article 15(1) the following point is added:
‘(e)
for craft and industrial products falling within the scope of Regulation (EU) 2023/2411, by the Committee for Craft and Industrial Geographical Indications established by Article 68 of that Regulation.’.