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CLASS 46


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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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 27 NOVEMBER 2013
'Kołocz śląski': German attempt to cancel GI fails
Commission Implementing Decision of 14 November 2013 concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications provided for in Regulation (1151/2012 of the European Parliament and of the Council (Kołocz śląski/kołacz śląski (PGI)) (notified under document C(2013) 7626) has been posted on the European Union's Official Journal website.  According to the Recitals to this Decision,

"(1) The first subparagraph of Article 54(1) of Regulation ... 1151/2012 provides that, apart from in the case of requests from the producers of the product sold under the registered name, the Commission may cancel the registration of a protected geographical indi­cation where compliance with the conditions of the specification is not ensured or where no product has been placed on the market under the protected geographical indication for at least seven years. 

(2) The Commission has examined the request to cancel the registration of the protected geographical indication ‘Kołocz śląski/kołacz śląski’ submitted by Germany on 15 February 2013 and received on 18 February 2013. 

(3) This cancellation request does not fall into either of the two cases referred to in the first subparagraph of Article 54(1) of Regulation ... 1151/2012 and does not therefore meet the conditions laid down in that Article."

Since decisions on requests to cancel GI Regulations are so rare, this is something of a novelty.  From what this blogger can ascertain, Kołocz śląski is a cake, for which PGI protection has been accorded to Poland.  The truth of the matter appears to be, though, that this delicacy comes from a region of Europe called Silesia, which lies mainly in Poland but also spans parts of the Czech Republic and Germany.  If readers have any further or more accurate information about Kołocz śląski and its PGI status, will they please get in touch?

Posted by: Blog Administrator @ 23.09
Tags: PGI, cancellation,
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