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Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

Transitional provisions for appellations of origin originating in Member States already registered under the Lisbon Agreement
1. In respect of each appellation of origin originating in a Member State which is party to the Lisbon Agreement, for a product that is protected under one of the Regulations referred to in Article 1 of this Regulation, the Member State concerned shall, on the basis of a request by a natural person or legal entity as 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 international registration of that appellation of origin under the Geneva Act, if the Member State concerned has ratified or acceded to the Geneva Act pursuant to the authorisation referred to in Article 3 of Decision (EU) 2019/1754; or (b) the cancellation of the registration of that appellation of origin in the International Register. The Member State concerned shall notify the Commission of the choice referred to in the first subparagraph by 14 November 2022.
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

In the situations referred to in point (a) of the first subparagraph, the Member State concerned shall, in coordination with the Commission, 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 registration under the Geneva Act. The Commission shall, by means of an implementing act, authorise the Member State concerned to provide for the necessary modifications and to notify the International Bureau. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

2. In respect of each appellation of origin originating in a Member State which is party to the Lisbon Agreement, for a product falling within the scope of one of the Regulations referred to in Article 1(2) of this Regulation, but not protected under any of those Regulations, 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 the Regulation concerned; or (b) the cancellation of the registration of that appellation of origin in the International Register. The Member State concerned shall notify the Commission of the choice referred to in the first subparagraph, and lodge the respective request, by 14 November 2022.
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

In the situations referred to in point (a) of the first subparagraph, 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 one year from the date of registration of the geographical indication under the applicable Regulation. The third and fourth subparagraphs of paragraph 1 shall apply. If the request for registration under the applicable Regulation is refused and 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.
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

2a. In respect of each appellation of origin originating in a Member State which is party to the Lisbon Agreement, for a product which does not fall within the scope of Regulation (EU) No 1151/2012 but which falls within the scope of Regulation (EU) 2024/1143, 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 by 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 international registration of that appellation of origin under the Geneva Act within 12 months from the date of its registration under Regulation (EU) 2024/1143, 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; or (b) the cancellation of the registration of that appellation of origin in the International Register.
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

In the case of the request referred to in point (a) of the first subparagraph, the Member State concerned shall notify the Commission of the choice referred to in that subparagraph within one month from the date of registration of that appellation of origin under Regulation (EU) 2024/1143 and, in the case of the request referred to in point (b) of that subparagraph by 14 May 2025. In the situations referred to in point (a) of the first subparagraph, the Member State concerned shall, in coordination with the Commission, 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 registration under the Geneva Act. The Commission shall, by means of an implementing act, authorise the Member State concerned to provide for the necessary modifications and to notify the International Bureau thereof. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

If the request for registration under Regulation (EU) 2024/1143 is refused and related administrative and judicial remedies have been exhausted, or if the request for registration under the Geneva Act has not been made, the Member State concerned shall, without delay, request the cancellation of the registration of that appellation of origin in the International Register.
3. In respect of appellations of origin for products not falling within the scope of one of the Regulations referred to in Article 1(2) of this Regulation, in respect of which protection at Union level of geographical indications is not provided, a Member State which is already party to the Lisbon Agreement may maintain any existing registration in the International Register. Such a Member State may also submit further applications for registration in the International Register under the Lisbon Agreement of such appellations of origin originating in its territory if the following conditions are met:
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

article  11

CELEX:  02019R1753-20240513

(a) the Member State concerned notified the Commission of the draft application for registration of such appellations of origin; such notification shall include evidence that the application satisfies the requirements for registration under the Lisbon Agreement; and (b) the Commission has not issued a negative opinion within two months of such notification; a negative opinion may only be issued after consultation with the Member State concerned, and in the exceptional and duly justified cases where the evidence required under point (a) does not sufficiently substantiate that the requirements for registration under the Lisbon Agreement are met, or if the registration would have an adverse impact on the Union trade policy. In the case of a request for further information from the Commission on the notification made under point (a) of the second subparagraph, the deadline for the Commission to act shall be one month from the receipt of the information requested. The Commission shall immediately inform the other Member States about any notification made under point (a) of the second subparagraph.