Regulations on the protection of designations of origin, geographical indications and designations of specific traditional character of foodstuffs


Date FOR 2002-07-05-698


Ministry of Agriculture and Food, and Industry and Fisheries Ministry


Published in 2002 Booklet 7


Commencement 05.07.2002

Edited

FOR-2015-12-28-1845 from 01/01/2016

Changes


For
Norway

Legal

LOV-2003-12-19-124-L-21, LAW-2003-12-19-124-§23, LAW-2003-12-19-124-Section 28, LAW-2003-12-19- 124 §30, LAW-2003-12-19-124-§33, FOR-2003-12-19-1790, LAW-1967-02-10-§38

Promulgated
08/07/2002

Short Title
Regulation on the protection of designations

Chapter Overview:

Chapter I. Purpose, scope and definitions (§§ 1-4)
Chapter II. Designations of origin and geographical indications (§§ 5-10)
Chapter III. Conditions for protection of traditional character (§§ 11-13)
Chapter IV. Common provisions (§§ 14-24)
Chapter V Enforcement and complaint etc. (§§ 25-29)

Adopted by Kronprinsreg.res. 5 July 2002 pursuant to the Act of 19 December 2003. 124 relating to food production and food safety. (Food Act) § 21, § 23, § 28 and § 33; see. Delegated Decision of 19 December 2003. In 1790 and the Law of 10 February 1967 relating to procedure in cases concerning public administration (Public Administration) § 38 subsection. Promoted by the Ministry of Agriculture (now Agriculture and Food).
Changes: Amended by regulations 24 October 2003 No.. 1281, February 13, 2004 No.. 383, March 19, 2007 no. 300, May 18, 2007 No.. 526, 23 Dec 2009 No.. 1805 17 Dec 2010 No.. 1852 19 Dec 2011 No.. 1417, 18 Dec 2012 No.. 1327, 19 Dec 2013 No.. 1639, 22 Dec 2014 No.. 1900, 28 Dec 2015 No.. 1845.

Chapter I. Purpose, scope and definitions

§ 1. Purpose The purpose of this regulation is to protect product designations of foodstuffs from origin, geography and traditional character, including ensuring the honest sales of these products.

§ 2. Scope and applicability This regulation applies to foodstuffs. The regulation lays down conditions for protection by application of origin, geographical indications and designations of specific traditional character.
Excluded from the provisions of the regulations are appellations of origin and geographical indications for wine, spirit and flavored drinks, etc., Spring water and natural mineral water.
The provisions of the regulation also applies to foreign designations.
Regulations, and regulations issued pursuant to it, will be back for Norway's international obligations.

§ 3. Definitions etc. In this regulation by:

1.

Association: any organization, regardless of its legal status, of primary producers and / or processors working with the same foodstuff.

Other stakeholders may participate in the group.

2.

Product regulation: regulation that provides product specification for each foodstuff which has a protected designation under this regulation.

§ 4. Use of designations and marks only producers, processors or others who are granted protection in accordance with these regulations, and regulations issued pursuant thereto, may use the terms "protected designation of origin" or "protected opphavsnemning", "protected geographical indication 'or' protected geographical nemning "," protected traditional character "or" protected traditional character, "the brand in question with Indonesia or New Norwegian text, and the name which is protected pursuant to the specific product regulations.
Along with marking the first paragraph they northern or southern Sami terms "suddjejuvvon álgonamahus" or "vaarjelamme maadtoedïejvese," "suddjejuvvon geográfalaš namahus" or "vaarjelamme eatnemedïejvese," "suddjejuvvon árbevirolaš erenoamášvuohta" or "vaarjelamme vuekiedïejvese" and it question mark with northern or southern Sami text used.

Chapter II. Designations of origin and geographical indications

§ 5. Protection of designations of origin A designation of origin of a food can be protected if the following conditions are met:

1.
Designation must indicate the name of a specific region or a specific place

2.
Foodstuff sold under the designation must originate in this area or in this place

3.
Foodstuff distinctive quality or other characteristics must essentially or exclusively be attributed to the area's or site's geographical environment with its inherent natural and human factors, and

4.
Foodstuff must be finally produced, processed and refined in this area or in this place.


§ 6. Exceptions to the conditions of § 5 A non-geographical name may be protected as a designation of origin for a foodstuff, the name is traditionally associated with a specific region or place. Other terms in § 5 must be met.
Although ingredients in a food comes from a larger or area other than the area where it is processed, a geographical indication protected as designation of origin in spite of the conditions of § 5 no. 2, 3 and 4 if:

1.
Production area for raw materials is defined,

2.
There are special conditions for manufacturing the raw material,

3.
There is a control to ensure that these conditions are complied with, and

4.
Term is a traditional dress and have a reputation and a reputation of exceptional character.

With commodities meant in this provision of live animals, meat and milk.

§ 7. Protection of Geographical Indications A geographical indication of a food can be protected if the following conditions are met:

1.
Designation must indicate the name of a region or a specific place

2.
Foodstuff sold under the designation must originate in that region or specific place,

3.
Foodstuff distinctive quality, reputation or characteristics attributable to its geographical origin, and

4.
Foodstuff is produced, processed or prepared in the defined geographical area.

§ 8. Names and designations that can not be protected designations indicating foodstuff species can not be protected. This refers to the name of a food, although it refers to the spot or area where the biological material is first prepared and placed on sale has become a generic term for the foodstuff.
To determine whether a designation has become generic, account shall be taken of all factors, in particular the actual conditions in which the name originates and where it is used, and relevant regulations.
Designations that may be confused with the name of a plant variety or an animal breed and thus might mislead the public as to the foodstuff real origin can not be protected as a designation of origin or geographical indication.

§ 9. Content of the application Applications for protection of designations of origin and geographical indications should contain:

1.
Foodstuff trade name including the designation of origin or geographical designation,

2.
A description of the foodstuff with information on ingredients, the most important physical, chemical, microbiological or organoleptic characteristics,

3.
A delineation of the geographical area and, where relevant, information showing that the requirements of § 6 are met,

4.
Information confirming that the foodstuff originates from the specified geographical area, cf. § 5 or § 7,

5.
A description of the methodology used in the preparation of the foodstuff and, if applicable, information about the original, traditional method in the area. The packing will be described if the applicant can determine and demonstrate that it is crucial for foodstuff quality, traceability and control the packing takes place within the defined geographical area.

6.
Indication of factors that confirm link to the geographical environment or geographical origin, cf. § 5 or § 7 and

7.
Proposed labeling of the product.

§ 10. Extent of protection of origin and geographical indications are protected against:

1.
Any direct or indirect use of a protected designation of foodstuffs which do not meet the requirements of the relevant product regulations, if foodstuffs are comparable to those foodstuffs that are protected under this designation, or if the use of the designation exploitation of the protected designation reputation,

2.
Any misuse, imitation or suggestion, although næringmidlets true origin is indicated or if the protected designation is translated or accompanied by expressions such as "kind", "type", "manner", "as produced in" , "imitation" or "similar"

3.
Any other false or misleading indication of foodstuff provenance, origin, nature or essential qualities on the inner or outer packaging, in advertising or in documents for the foodstuffs, and the use of packaging which could give a false impression of origin, and | ||
4.
Any other form of practice, that could mislead the public as to the foodstuff true origin.

When a protected designation contains a generic name, it is still allowed to use the generic name on similar foodstuffs.
Protected designations may not become generic names.

Right of designation does not give the holder the right to deny others to use its name or company or its address for commercial purposes in accordance with good business practice.

Chapter III. Conditions for protection of traditional character

§ 11. Protection of designations of specific traditional character Traditional Character is a characteristic that clearly distinguishes a food from other similar foods in the same category. Foodstuff appearance is not regarded as a characteristic. Character may not be restricted to quantitative or qualitative composition or method of production that have been issued or default unless the regulations or standards are designed to define a character.
A designation of traditional character of a food can be protected if the following conditions are met:

1.
Foodstuff must be produced using traditional raw materials, a traditional composition or a manufacturing or processing way that reflects the traditional manufacturing or processing steps,

2.
Name itself must be specific and traditional, or express foodstuff. Geographical names can be protected as long as they are not protected by Chapter II.

A name expressing specific character in accordance with the provisions may not be protected if:

1.
Exclusively referring to general statements which are applicable to a category of foodstuffs, or to the claims covered in a særforskrift,

2.
Is misleading, for example when it refers to an obvious characteristic of the product or does not correspond to the product specification or to consumer expectations based on the special characteristics.

A designation of traditional character may not be protected if foodstuff depends on geographical origin, or solely to application of a technological innovation.

§ 12. Content of the application An application for protection of designations of specific traditional character shall include:

1.
Foodstuff trade name, including the designation of specific traditional character,

2.
A description of the production method along with information on the nature and properties of raw materials used ingredients or cooking method for the foodstuff,

3.
A description of the conditions that make it possible to judge the traditional character referred to in § 11, second paragraph. 1,

4.
A description of the foodstuff special characteristics indicating its main physical, chemical, microbiological or organoleptic characteristics which relate to the character, and

5.
Minimum requirements and procedures for product control.

§ 13. Extent of protection designations of specific traditional character shall be protected against any practices that might mislead consumers. This includes attributing foodstuffs a protection that they do not have.
Term for traditional character along with the label referred to in § 4 are reserved for foodstuffs satisfying the requirements of the particular product regulation.
Name as such is reserved foodstuffs satisfying the requirements of the relevant product regulations only when:

1.
Association has requested in its application, and

2.
Not emerge during processing of the application that the name used in a lawful manner, is recognized and economically significant for similar foodstuffs.

Right of designation does not give the holder the right to deny others to use its name or company or its address for commercial purposes in accordance with good business practice.

Chapter IV. Common provisions

§ 14. Requirements for applicants Any group can apply for the imposition of a regulation (product regulation) for protection of a designation of origin, geographical indication or designation of traditional character.
A natural or legal person who is not a group, may in exceptional and well-justified cases apply for the imposition of product regulations if the following conditions are met:

1.
Person is the only existing producer in the defined geographical area, and

2.
There are regular and persistent local methods used only by the individual, and

3.
The enclosed area has characteristics that are essentially different from those of surrounding areas or characteristics of the product are different.

§ 15. Application processing etc. Applicants may only apply to foodstuffs that the applicant himself produces, processes or prepares.
Application for determination of product regulations must be submitted to the FSA or the body FSA appoints to processing applications.

If an application is not in accordance with the requirements of respectively § 9 or § 12 or it otherwise is no impediment to process the application, the applicant shall be notified of this. The applicant shall be given a reasonable deadline to respond and, if correct deficiencies.
Deficiencies in application shall not preclude the application is considered as filed on the date when the application was received by the FSA or the body FSA authorized, provided that the deficiencies are corrected within a specified time limit.
If the applicant fails to deadline to comment or correct the defect, the application shall be dismissed. Examining the application shall be resumed if the applicant within two months after the expiry of the deadline stated or corrects the defect. May only be resumed once the processing of the application. If the applicant has replied to the notice within the prescribed period, but it still has defects in the application, the application shall be refused unless the Norwegian Food Safety Authority or the body authorized by the FSA finds that the applicant should receive a new report with a new deadline.
Draft of Product Regulations published in Norwegian trademark Journal and sent for general hearing.
If the FSA finds that all the conditions are met, the FSA establish product regulations. The regulations shall be published in Norwegian trademark Journal. Regulations published not in the Norwegian Law Gazette.

§ 16. Amendment of product regulations If technology and science change or there rises a need to redefine the geographical area, the original applicant or other lawful users of a protected designation of origin or geographical indication seek FSA amending Product Regulations for the protection of a designation of origin or geographical indication.
Originally searches or other legitimate users can search FSA amending Product Regulations for the Protection of designation of traditional character.
Applications for first and second paragraphs published in Norwegian trademark Journal and sent for general hearing. In the event of objections from others who rightfully manufactures or processes products covered by product regulation, it can not be changed.
Changed product regulations published in the Norwegian trademark Journal. The amendment published not in the Norwegian Law Gazette.

§ 17. Priority Determination If at the same time are multiple applications for the determination of product regulations for identical or forvekselbare designations, the application first received by the FSA or to the body which is authorized by the FSA to undertake the processing of applications, have priority.

§ 18. The ratio of younger trademarks and collective marks A trademark or collective mark can not be registered if the mark, when used for commercial purposes, would be likely to be confused with a designation protected by product regulations, if the application for registration of the mark is filed after the application for the determination of product regulation is filed under these regulations.

§ 19. Relations with older trademarks, etc. It can not be determined Product Regulations for the protection of a designation if it is on the basis of a trade mark or common Brand reputation, reputation and duration of application would jeopardize consumers as to the true origin.
A designation of origin, geographical indication or designation of specific traditional character may not be protected if there already exist a trademark or collective mark:

1.
Is identical or similar to the designation of origin or geographical designation, and

2.
Applies to a same or similar foodstuff, and

3.
May mislead consumers with regard to foodstuff true origin, and

4.
Registered or sought registered before the date of the filed application for protection of a designation of origin, geographical indication or designation of traditional character in accordance with this regulation.

These provisions shall apply mutatis mutandis for listed companies and other business characteristics, plant breeders for and protected personal names.

§ 20. Objections to the application for the determination of product regulations Any person may, within three months from the announcement may submit a written and justified objection to an application for the determination of product regulation.
An objection shall be upheld and the application is refused if:

1.
Objection shows that regulation conditions are not met, or

2.
Objection shows that the proposed protected designation totally or partly impinge upon an equivalent designation, a trademark, collective mark, a listed company or other business characteristics, a plant variety right or a protected persons, or

3.
Objection shows that the proposed name is a generic name.

Opposition must be submitted to the FSA, or the body FSA authorizes.


§ 21. reconsideration and judicial review of product regulations Anyone who has a legal interest in it, can make a claim for that product regulations to be repealed entirely or in part by the FSA, or feels completely or partially invalid by court proceedings.
Requirement that the FSA will invalidate product regulation shall be in writing and justified.
Product Regulations to be repealed or declared invalid insofar as it is contrary to regulations.

§ 22. Approval Anyone can use a protected designation on the terms set out in these regulations and product regulation. The use must be approved by the FSA. The approval may be withdrawn if the user no longer meets the conditions of this regulation and product regulation. The approval may be reversed if the product regulations are repealed or amended.

§ 23. Exhaustion Originally searches or other lawful users of a protected designation can not oppose the use of the term to products that are placed on sale under this designation of the original applicant or other lawful users, or with the consent of one of these.
Provision in the first paragraph shall not apply if the original applicant or other rightful users have reasonable grounds to oppose the continued sale of goods, particularly if the condition of the goods is changed or impaired after they have been placed on sale.

§ 24. Verification A manufacturer who meets the requirements of these regulations and product regulations may require verification from the FSA or the body FSA appoints, that product regulations are complied with.
Fee costs imposed on the producer in question.

Chapter V Enforcement and complaint etc.

§ 25. Inspection and decisions FSA supervises and makes decisions to implement the provisions laid down in and pursuant to these regulations.
FSA may delegate supervisory and resolution authority to other public or private control bodies.

§ 26. Appeals Decisions made pursuant to these Regulations or pursuant product regulations may be appealed pursuant to the Public Administration Chapter VI, with the special rules imposed by this section.
Decision in a case concerning the determination or modification of product regulations can only be appealed if the application is rejected. The appeal must be lodged by the applicant.
The decision of an opposition under § 16 or § 20 and the decision of a request for administrative reconsideration according to § 21 may be appealed by the party decision goes against.

§ 27. Fees shall be paid fees for processing applications for

1.
Determination of product regulations,

2.
Approval under applicable product regulations,

3.
Resumption of application for the determination of product regulations for dismissal, and

4.
Change of product regulation.

The fee is calculated per. application and shall be paid to the body which is authorized by the FSA to conduct proceedings. The fee is payable upon submission of the application and the size is:
For applications pursuant to subsection. 1 and 2 shall be paid NOK 32 465, -.
For an application under subsection Nos. 3 and 4 is NOK 19 200, -.

§ 27a. Compensation and damages Any person who willfully or negligently uses a protected designation in violation of this regulation, shall pay rightful users a reasonable compensation for use. The compensation shall at a minimum correspond to the gain the wrongful use have achieved. In addition, compensation is provided for further damage.
An association may, on behalf of the individual lawful users of a protected designation of the group, claim compensation and damages for harm caused to these legitimate users.
The fees may be decreased and damages mitigated when there is little to add the wrongful use of the load.
Is the use in good faith, the court may, to the extent deemed reasonable impose the wrongful use to pay compensation and damages under the provisions ahead here.

§ 28. Penalties Deliberate or negligent violation of these regulations or provisions and decisions issued pursuant thereto is punishable under the Food Act § 28

§ 29. Entry into force These regulations enter into force immediately.