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Part 7 · Indications of geographical origin  ›  Chapter 1 · Protection of indications of geographical origin › Section 127

Scope of protection

(1) Indications of geographical origin may not be used in trade for goods or services which do not originate from the place, area, territory or country which is designated by the indication of geographical origin if it is likely to mislead concerning the geographical origin if such names, indications or signs for goods or services of different origin are used.

(2) If the goods or services marked by an indication of geographical origin have special properties or a special quality, the indication of geographical origin may only be used in trade for the corresponding goods or services of this origin if the goods or services have these properties or this quality.

(3) If an indication of geographical origin enjoys a particular reputation, it may not be used in trade for goods or services of a different origin even if it is not likely to mislead concerning the geographical origin if use provides without good cause an opportunity for goods or services of a different origin to take unfair advantage of or be detrimental to the reputation of the indication of geographical origin or its distinctive character.

(4) The above subsections shall also apply if names, indications or signs are used which are similar to the protected indication of geographical origin or if the indication of geographical origin is used with additions in so far as

1.  in cases falling under subsection (1), despite the deviation or the additions, it is likely to mislead concerning the geographical origin; or

2.  in cases falling under subsection (3), despite the deviation or the additions, it is suitable to take unfair advantage of or be detrimental to the reputation or the distinctive character of the indication of geographical origin.

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