Einde inhoudsopgave
Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Article 5 Application
Geldend
Geldend vanaf 26-02-2020
- Bronpublicatie:
20-05-2015, PbEU 2019, L 271 (uitgifte: 24-10-2019, kamerstukken/regelingnummer: -)
- Inwerkingtreding
26-02-2020
- Bronpublicatie inwerkingtreding:
20-05-2015, PbEU 2019, L 271 (uitgifte: 24-10-2019, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Agrarisch recht (V)
EU-recht / Marktintegratie
Intellectuele-eigendomsrecht / Europees intellectuele-eigendomsrecht
(1)
[Place of Filing] Applications shall be filed with the International Bureau.
(2)
[Application Filed by Competent Authority] Subject to paragraph (3), the application for the international registration of an appellation of origin or a geographical indication shall be filed by the Competent Authority in the name of:
- (i)
the beneficiaries; or
- (ii)
a natural person or legal entity having legal standing under the law of the Contracting Party of Origin to assert the rights of the beneficiaries or other rights in the appellation of origin or geographical indication.
(3)
[Application Filed Directly]
- a)
Without prejudice to paragraph (4), if the legislation of the Contracting Party of Origin so permits, the application may be filed by the beneficiaries or by a natural person or legal entity referred to in paragraph (2)(ii).
- b)
Subparagraph (a) applies subject to a declaration from the Contracting Party that its legislation so permits. Such declaration may be made by the Contracting Party at the time of deposit of its instrument of ratification or accession or at any later time. Where the declaration is made at the time of the deposit of its instrument of ratification or accession, it shall take effect upon the entry into force of this Act with respect to that Contracting Party. Where the declaration is made after the entry into force of this Act with respect to the Contracting Party, it shall take effect three months after the date on which the Director General has received the declaration.
(4)
[Possible Joint Application in the Case of a Trans-border Geographical Area] In case of a geographical area of origin consisting of a trans-border geographical area, the adjacent Contracting Parties may, in accordance with their agreement, file an application jointly through a commonly designated Competent Authority.
(5)
[Mandatory Contents] The Regulations shall specify the mandatory particulars that must be included in the application, in addition to those specified in Article 6(3).
(6)
[Optional Contents] The Regulations may specify the optional particulars that may be included in the application.