Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilShow full title

Article 93U.K.Definitions

1.For the purposes of this Section, the following definitions shall apply:

(a)"a designation of origin" means the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 92(1) fulfilling the following requirements:

(b)"a geographical indication" means an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 92(1) fulfilling the following requirements:

[F31a.For the purpose of Articles 102a, 102c and 102d and Annex 9A:

(za)‘application to register a trade mark’ means an application to register a trade mark made under the TMA;

(a)‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication;

(aa)‘bridging arrangements’ has the meaning given in Article 102c(2)(b);

(b)‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;

(c)‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a designation of origin or geographical indication of the third country in the European Union;

(d)‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect before IP completion day;

(e)‘Great Britain's PDOs and PGIs Register’ means the register established and maintained by the Secretary of State under Article 104;

(f)‘the relevant period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls;

(fa)‘third country’ means—

(i)for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than—

(aa)any part of the British Islands, or

(bb)any member State;

(ii)for the purposes of the reference in column 2 of row 6 of the Types Table in Part 3 of Annex 9A, any country other than any part of the British Islands;

(iii)for all other purposes, any country other than the United Kingdom, and includes:

(aa)the Bailiwick of Guernsey;

(bb)the Bailiwick of Jersey;

(cc)the Isle of Man;

(g)‘the TMA’ means the Trade Marks Act 1994;

(h)‘the Types Table’ means the table in Part 3 of Annex 9A.]

2.Certain traditionally used names shall constitute a designation of origin where they:

(a)designate a wine;

(b)refer to a geographical name;

(c)fulfil the requirements referred to in points (a)(i) to [F4(iii)] of paragraph 1; and

(d)have undergone the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection.

3.Designations of origin and geographical indications, including those relating to geographical areas in [F5other] countries, shall be eligible for protection in [F6Great Britain] in accordance with the rules laid down in this Subsection.

4.Production as referred to in point (a)(iii) of paragraph 1 shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making processes, with the exception of any post-production processes.

5.For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated area shall originate from the F7... country in which the demarcated area is situated.