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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  40

CELEX:  32023R2411

1. Geographical indications entered in the Union register shall be protected against:
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products covered by the registration or where the use of the name exploits, weakens, dilutes, or is detrimental to, the reputation of the protected geographical indication;
(b) any misuse, imitation or evocation of the name protected as a geographical indication, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘fragrance’, ‘like’ or similar;
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, on advertising materials, in documents or information provided on online interfaces relating to the product, as well as the packing of the product in a container liable to convey a false impression as to its origin;
(d) any other practice liable to mislead the consumer as to the true origin of the product.
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  40

CELEX:  32023R2411

2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a sufficiently direct and clear link with the product covered by the registered geographical indication is created in the mind of the average European consumer who is reasonably well-informed and reasonably observant and circumspect.
3. The protection of geographical indications shall also apply to any use of a domain name that is contrary to paragraph 1.
4. The protection of geographical indications shall also apply in respect of:
(a) goods entering the customs territory of the Union without being released for free circulation within that territory; and (b) goods sold by means of distance selling, such as electronic commerce.
5. The producer group or any producer that is entitled to use the protected geographical indication shall be entitled to prevent third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including their packaging, come from third countries and are in breach of paragraph 1.
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  40

CELEX:  32023R2411

6. A geographical indication protected under this Regulation shall not become a generic term within the Union.
7. Where a geographical indication is a compound name which contains a generic term, the use of that term shall not constitute conduct referred to in paragraph 1, points (a) and (b).