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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  12

CELEX:  02019R1753-20240513

Transitional protection for appellations of origin originating in a third country registered under the Lisbon Agreement
1. The Member States which were party to the Lisbon Agreement before the accession of the Union to the Geneva Act may continue to protect appellations of origin originating in a third country which is party to the Lisbon Agreement by means of a national protection system, with effect from the date on which the Union becomes a contracting party to the Geneva Act, as regards appellations of origin registered by that date under the Lisbon Agreement.
2. The protection referred to in paragraph 1 shall:
(a) be superseded by protection under the Union protection system for a particular appellation of origin if it is provided by a decision taken under Article 7 of this Regulation subsequent to the accession of the third country concerned to the Geneva Act, on condition that the protection provided by a decision taken under Article 7 of this Regulation preserves the continuity of protection of the respective appellation of origin in the respective Member State;
(b) cease for a particular appellation of origin when the effects of international registration end.
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  12

CELEX:  02019R1753-20240513

3. Where an appellation of origin originating in a third country is not registered under this Regulation, or the national protection is not superseded in accordance with point (a) of paragraph 2, the consequences of such national protection shall be the sole responsibility of the Member State concerned.
4. The measures taken by Member States under paragraph 1 shall have effects at national level only, and shall have no effect on intra-Union or international trade.
5. The Member States referred to in paragraph 1 shall transmit to the Commission any notification made by the International Bureau under the Lisbon Agreement. The Commission shall then transmit that notification to all other Member States.
6. The Member States referred to in paragraph 1 of this Article shall declare to the International Bureau that they cannot ensure national protection of an appellation of origin for a product falling within the scope of one of the Regulations referred to in Article 1(2) of this Regulation, registered and notified to them under the Lisbon Agreement from the date on which the Union becomes a Contracting Party to the Geneva Act.