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Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 32 CELEX: 32023R2411 Cancellation
1. The registration of a geographical indication shall be cancelled where the geographical indication was registered contrary to Article 42(1), Article 43(1) or (2), or Article 44(2). 2. The registration of a geographical indication may be cancelled where: (a) compliance of the product with the product specification can no longer be ensured; (b) no product has been placed on the market under the geographical indication for a consecutive period of at least five years. 3. The registration of a geographical indication may also be cancelled at the request of the applicant in whose name the geographical indication is registered. 4. A request for cancellation pursuant to paragraphs 1 and 2 may be submitted by the competent authority of a Member State or of a third country, or by a natural or legal person having a legitimate interest. 5. The Commission or the Office may initiate a cancellation procedure on its own initiative, on the grounds set out in paragraph 2. 6. The steps of the national phase and the Union phase as set out in Articles 7, 8, 14, 15, 16 and 20 to 30 shall apply, mutatis mutandis, to the cancellation procedure. |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 32 CELEX: 32023R2411 7. Before deciding to cancel the registration of a geographical indication, the Office shall, in the cases referred to in paragraphs 4 and 5 of this Article, inform the applicant in whose name the geographical indication is registered. Before deciding to cancel the registration of a third-country geographical indication, the Office shall consult the competent authorities of the third country concerned. If the geographical indication was registered pursuant to Article 20, the Geographical Indications Division may consult the Advisory Board and the single point of contact of the Member State concerned. 8. When the registration of a geographical indication is cancelled, the Union register shall be updated accordingly. 9. This Article shall not apply to third-country geographical indications that are protected in the Union under the Geneva Act or under another international agreement to which the Union is a contracting party. |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 32 CELEX: 32023R2411 10. The Commission shall adopt implementing acts laying down detailed rules on the procedures for and form of cancellation, as well as on the presentation of the requests for cancellation referred to in paragraphs 1, 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68(2). |