Agricultural And Food Geographical Indications Registration And Protection Procedures

Original Language Title: Lauksaimniecības un pārtikas produktu ģeogrāfisko norāžu reģistrācijas un aizsardzības kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/88084

Cabinet of Ministers Regulations No. 437 in Riga in 2004 (April 27. No. 25 24) agricultural and food products and the registration of geographical indications protection order Issued in accordance with the law "on trademarks and geographical indications ' 40. the second paragraph of article i. General questions 1. provisions established for agricultural products and foodstuffs-geographical indications (hereinafter referred to as geographical indication) evaluation and protection, as well as the examination of proposals and objections and notification procedures under the Council on 14 July 1992 Regulation (EEC) No 2081/92 on agricultural products and foodstuffs for geographical indications and designations of origin (hereinafter referred to as Council Regulation No 2081/92), Council on 14 July 1992 Regulation (EEC) No 2082/92 on agricultural products and foodstuffs of specific character certificates (hereinafter referred to as the Council Regulation No 2082/92), Council on 17 May 1999, Regulation (EEC) No 1493/1999 on the common organisation of the market in wine, and the Council of 29 May 1989, Regulation (EEC) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks (hereinafter referred to as the Council Regulation No 1576/89). 2. evaluation of geographical indications provided by the Ministry of agriculture established geographical indications Council (hereinafter Council) consists of five people. The Council is the coordinating and advisory body for the registration of geographical indications and protection. 3. the Council supports the Ministry of agriculture. 4. the Council shall consist of three representatives of the Ministry of agriculture, food and veterinary one representative and one representative of the Patent Office. The rules of procedure of the Council and approved by the Ministry of manpower Minister. 5. The Council shall have the following functions: 5.1 evaluate groups and individuals (hereinafter referred to as geographical indications the applicant) submissions for the agricultural or food product name compliance with protected geographical indication;
5.2. assessment and submitted for registration in the official Edition of the official journal of the European Union published the European Union Member States and third countries (countries that are not Member States of the European Union) the geographical indication;
5.3. to cooperate with the national authorities, businesses and non-governmental organizations for the registration of geographical indications, usage monitoring and control issues;
5.4. inform the public about protected geographical indications, as well as the dissemination to the market surveillance and control;
5.5. examine Council person applications for geographical indications;
5.6. participate in the development of legislative proposals and the preparation of Latvia's international treaty, as well as international projects with respect to geographical indications. 6. the Council shall have the right to: 6.1. invite experts with appropriate education and experience to provide professional counseling and to perform examiner's on the registration of geographical indications, protection, monitoring and control, if the issue is not related to the limited availability of information;
6.2. to request from public institutions, businesses, and non-governmental organizations in the work of the information you need. II. evaluation of Application 7. the applicant submitted geographical references in the application to the Ministry of agriculture, accompanied by the relevant documents and materials in accordance with European Union legislation on geographical indications (hereinafter referred to as the application). 8. the Ministry of agriculture within 10 working days of the receipt of the application, examine the documents submitted and shall notify in writing the applicant for geographical indications. The Ministry of agriculture is entitled to request geographical indications the applicant additional documents and materials underlying the geographical indication of the product in compliance with European Union legislation on agricultural and food geographical indications. 9. the Ministry of agriculture shall forward to the Council a letter with the request to assess the agricultural or food product with a protected geographical indication, adding the appropriate application. 10. the Council 20 working days following the letter, assess the application and adopt a decision on the agricultural or food product with a protected geographical indication. The Council's recommendations. 11. the Ministry of agriculture, based on the decision of the Council shall take a decision on whether or not to send the application sent to the European Commission for geographical indications registration. For that decision, in writing, inform the applicant of the geographical indication, giving the reasons. 12. If a geographical indication does not apply to the registration procedure, according to the Council Regulation No 2081/92 and Council Regulation No 2082/92, the Ministry of agriculture on the basis of the decision of the Council shall take a decision on the dispatch of the notice or of dispatch of the European Commission. For that decision, in writing, inform the applicant of the geographical indication, giving the reasons. 13. the Ministry of agriculture within 20 working days of notification of the decision on an application to be sent to the European Commission presented a submission under European Union legislation on agricultural and food geographical indications and sent to the European Commission. 14. Expenses related to geographical indications, the evaluation according to the specification attached to the application shall be borne by the applicant for geographical indication in accordance with the provisions laid down in the annex to the price list. 15. the Ministry of agriculture, six months after the publication of the geographical indication in the official Edition of the official journal of the European Union adopted proposals on the registration of geographical indications or opposition to it. 16. If the received proposals for Latvia produced agricultural or food geographical indications registration or objection to the Ministry of Agriculture: 16.1. within five working days after the receipt of the proposal or objection shall inform the Council and the geographical indications of the applicant. Geographical indications the applicant 20 working days provide a reasoned reply to the each of the objections raised;
16.2. the proposal or objection shall be issued to the applicant for additional documents (if any) in support of the agricultural or food product with a protected geographical indication;
16.3. If objections are lodged, refer to the geographical indications of the explanations and the applicant shall respond to the complainant and the European Commission. 17. If the received proposals on other country produced agricultural or food geographical indications registration or objection to the Ministry of Agriculture: 17.1. five working days inform the Council;
17.2. upon the proposal or, at the request of the opposing party requests the competent national institution in the field of geographical indications additional documents in support of the agricultural or food product with a protected geographical indication, if the person so requests;
17.3. assess objections and, if they are justified, shall inform the competent national authorities in the field of geographical indications;
17.4. inform the European Commission about the arrangements with the competent national authorities in the field of geographical indications. 18. the geographical indications the applicant within 10 working days, inform the Ministry of agriculture and the food and veterinary service about changes to the agricultural or food production technology, which is a protected geographical indication. 19. a geographical indication shall inform the applicant of the Ministry of agriculture and the food and veterinary service about changes in the characteristics of the geographical location where they significantly affect the agricultural or food product properties, which is a protected geographical indication. III. Geographical indications, appellation of the name and nature of the traditional product name protection 20. Ministry of agriculture within five working days, inform the food and veterinary service about: 20.1. changes in European agricultural and food products to protect the name and designation of protected geographical indications registry;
20.2. changes in agricultural and food products in the register of certificates of specific character;
20.3. changes in Council Regulation No 1576/89;
20.4. changes of the Commission of 29 April 2002, in Regulation No 753/2002 laying down certain rules for the application of Council Regulation No 1493/1999 on the common organisation of the market in wine;
20.2. Latvia submitted for registration in the agricultural and food geographical indications. 21. Agricultural and food products bearing a protected geographical indication, marked law on the labelling of goods. In addition, you can specify the label protected geographical indication symbol, name or abbreviation of such name: 21.1. protected geographical indication-PGI;
21.2. the protected designation of origin-PDO;
21.3. the traditional character of the product – the TRP;

21.4. for wine and spirits, according to European Union legislation on geographical indications. 22. the geographical indications protected geographical indication by the applicant for the use of indefinite duration subject to the laws and regulations of the agricultural and food geographical indications. 23. The food and veterinary service in Latvia produced agricultural products and foodstuffs bearing a protected geographical indication, develop monitoring and control program according to the application specified in the technological process and product type. 24. food and veterinary service according to the rules referred to in paragraph 23 of the programme shall be monitored and supervised by the agricultural and food production, their production and processing sites. 25. The food and veterinary service controls protect the use of geographical indications for agricultural products and foodstuffs the labelling at the point of sale, border inspection posts, in free customs zones, free warehouses and customs warehouses in accordance with the legislation on geographical indications and in accordance with the international treaties on the protection of geographical indications. 26. The food and veterinary service is entitled to stop the agricultural and food distribution, which is a protected geographical indication, as well as remove them from circulation until the investigations, if the product is found not to conform: 26.1. legislation on agricultural and food products;
26.2. the legislation on agricultural and food products, geographical indications, to the requirements and international agreements on the protection of geographical indications;
26.3. the application specified in the technological process. 27. food and veterinary service shall inform the Council and the Ministry of Agriculture of the alleged infringements of an agricultural or food product supervision and control and measures taken to fix them. 28. the Ministry of agriculture shall submit to the European Commission in application for cancellation of the registered geographical indication if: 28.1. found that geographical indications the applicant does not comply with the legislation on agricultural and food products in certain geographical indications;
28.2. the geographical indications the applicant can not provide the application and the specification has been submitted to the Ministry of agriculture in the application for cancellation of the registered geographical indication. IV. final question 29. Regulations shall enter into force by 1 May 2004. Prime Minister i. Emsis Minister of Agriculture m. Roze attachment Cabinet 27 April 2004 the Regulation No. 437 geographical indications for screening price list no PO box service price (lat) SALES TAX ($) total ($) 1. Geographical indications protected geographic indication of conformity assessment for (the expert work hour) 7.50 1.35 8.85 2. Geographical indications protected geographic indication of compliance for new evaluation (after a change in the technological process or geolocation profile) (expert work hour) 7.50 1.35 8.85 3. Transport costs about one kilometre of Agriculture Minister 0.12 0.02 0.14 M. Rose