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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 35 CELEX: 32023R2411 Advisory Board
1. An Advisory Board shall be established to deliver an opinion where provided for in this Regulation. 2. The Geographical Indications Division and the Boards of Appeal may, and at the request of the Commission shall, consult the Advisory Board on questions concerning an application at any stage of the procedures for registration, including opposition, appeal, amendment of the product specification and cancellation of the registration, as referred to in Articles 23, 25, 26, 29, 31, 32 and 33. The Advisory Board may also be consulted on horizontal matters, such as: (a) the assessment of the quality criteria; (b) the establishment of the reputation of a product; (c) the determination of the generic nature of a name; (d) the assessment of the link between a product’s characteristics and its geographical origin; (e) the risk of confusing consumers in cases of conflict between geographical indications and trade marks, homonyms or names of existing products that are legally marketed. |
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 35 CELEX: 32023R2411 3. The Geographical Indications Division and, where applicable, the Boards of Appeal may consult the Advisory Board concerning the possible registration as geographical indications of names that are the subject of direct applications as referred to in Article 20. 4. The opinions of the Advisory Board shall be delivered in a panel of three members and shall be non-binding. 5. The Advisory Board shall be composed of one representative of each Member State and one representative of the Commission, and their respective alternates. Where necessary, recognised experts in the field of geographical indications or in the product category concerned, including representatives of regions and academia, shall be invited to provide expertise to the Advisory Board. 6. The mandates of the members of the Advisory Board shall be of a duration of up to five years and may be renewed. 7. The Office shall make public the list of members of the Advisory Board on its website and shall keep that list up to date. |
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 35 CELEX: 32023R2411 8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedure as approved by the Management Board established under Article 153 of Regulation (EU) 2017/1001 and shall be made public. Members of the Advisory Board shall not have any conflict of interest. 9. The Office shall provide the logistic support necessary for the Advisory Board and provide a secretariat for its meetings. |