Einde inhoudsopgave
Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Article 13 Safeguards in Respect of Other Rights
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)
[Prior Trademark Rights] The provisions of this Act shall not prejudice a prior trademark applied for or registered in good faith, or acquired through use in good faith, in a Contracting Party. Where the law of a Contracting Party provides a limited exception to the rights conferred by a trademark to the effect that such a prior trademark in certain circumstances may not entitle its owner to prevent a registered appellation of origin or geographical indication from being granted protection or used in that Contracting Party, protection of the registered appellation of origin or geographical indication shall not limit the rights conferred by that trademark in any other way.
(2)
[Personal Name Used in Business] The provisions of this Act shall not prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.
(3)
[Rights Based on a Plant Variety or Animal Breed Denomination] The provisions of this Act shall not prejudice the right of any person to use a plant variety or animal breed denomination in the course of trade, except where such plant variety or animal breed denomination is used in such a manner as to mislead the public.
(4)
[Safeguards in the Case of Notification of Withdrawal of Refusal or a Grant of Protection] Where a Contracting Party that has refused the effects of an international registration under Article 15 on the ground of use under a prior trademark or other right, as referred to in this Article, notifies the withdrawal of that refusal under Article 16 or a grant of protection under Article 18, the resulting protection of the appellation of origin or geographical indication shall not prejudice that right or its use, unless the protection was granted following the cancellation, non-renewal, revocation or invalidation of the right.