Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 436.5 · Denomination Of Origin And Of (S.L. 436.5)

S.L. 436.5 Art. 19Use of the DO and of the GI.

In KraftAmtlicher Text

(1) As of the date on which they are recognised according to regulation 9, the denominations of origin and the geographic indications cannot be used if they are not in conformity with what is established in the recognition.

(2) As of the same date in which at subregulation (1) it is prohibited to qualify, directly or indirectly, products which carry a denomination of origin or a geographic indication in a way which is not allowed by the recognition.

(3) The use of a denomination of origin is not considered such, in the present regulations’ scope, if the geographic name forms part of a proper name, a society name or addresses of companies, wineries, farms, or others. In case these names contain in part or in whole geographic terms reserved to DOK and I{T wines or could create confusion with them, the characters used to indicate them shall not exceed three millimetres in height and two millimetres in width and shall not be more than a quarter of, both in width and height, the characters used for the denomination of the product and for the indication of the name of the company or society of the producer, merchant or bottler.

(4) The recognition of a DOK or an I{T excludes the possibility of using geographical names used to designate brands and carries the obligation for the minimisation of the characters for proper names of companies as in subregulation (3).

(5) Notwithstanding regulation 4(2), in the case of homonymous DO or GI, the recognition may be given to each of them. The Director shall determine the practical conditions by which valid elements of differentiation are introduced, the interested producers may receive an equal treatment and which do not mislead the consumers.

(6) The recognition of a denomination of origin excludes the possibility of using the same denomination for a geographic indication.

(7) The use of the indication of a vine variety or a geographic indication for a DOK or I{T wine, affected in any modality, on the label, container, packaging, neck tag or sale documents, constitutes a declaration that the wine is in conformity to the indication and denomination used.

Part VI Sanctioning system