Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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Poland: protection of traditional nourishment
On 5 January 2009 recent amendments of the Act of 17 December 2004 on registration and protection of agricultural names and products, foodstuff and traditional products (in Polish: ustawa o rejestracji i ochronie nazw i oznaczen produktów rolnych i srodków spozywczych oraz o produktach tradycyjnych, Dziennik Ustaw No 10, pos. 68, with later changes) came into force. A product is now deemed to be a traditional food only if it is associated with the culture and traditions of Poland and its communities. The method of production is considered as traditional if it was used for at least 25 years.
According to article 22a of the Act, at the national level, the Minister of Agriculture and Rural Development after consultation with the Council for the Traditional and Regional Names of Agricultural Products and Foodstuffs may set the adjustment period to continue to use the name for the entity which has made a reservation for someone else's application for the registration of protected designations of origin or geographical indications. Such a situation is only possible if the entity has brought its products to the market in accordance with the law and continues to use the name for a minimum of five years.
For all readers who are also gourmets, this Class46 team member would like to recommend the a read of Polish Food® - the official quarterly of the Agency for Restructuring and Modernisation of Agriculture, edited in cooperation with the Ministry of Agriculture and Rural Development. The PDF magazine is published online in English.
Tags: Poland, Polish law, Traditional Speciality Guaranteed,
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