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1. A name may not be registered as a geographical indication where it conflicts with a plant variety or animal breed denomination and is likely to mislead the consumer as to the true identity or origin of the product designated by the geographical indication or cause confusion between products designated by the geographical indication and the plant variety or animal breed concerned.

2. The conditions referred to in paragraph 1 shall be assessed in relation to the actual use of the names in conflict, including the use of the plant variety or animal breed denomination outside its area of origin and the use of the denomination of a plant variety.

3. This Regulation shall not prevent the placing on the market of a product that does not conform with the product specification of a registered geographical indication, the labelling of which includes the name or part of the name of that geographical indication, that contains or comprises the plant variety or animal breed denomination, provided that the following conditions are met:

(a) the product concerned comprises or is derived from the plant variety or animal breed indicated;

(b) consumers are not misled;

(c) the usage of the plant variety or animal breed denomination constitutes fair competition;

(d) the usage of the plant variety or animal breed denomination does not exploit the reputation of the registered geographical indication; and (e) the production and marketing of the product concerned had spread beyond its area of origin prior to the date of application for registration of the geographical indication.

4. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down rules for determining the use of plant variety and animal breed denominations.