Enforcement

lalwsuitoriGIn supports the effective enforcement of GIs rights in case of infringements. Besides courts (see also GIs and Trademarks), oriGIn in favour of mechanisms that make it easier and less onerous for groups the enforcement of GI rights, like the ex officio protection.

The expression ex officio protection commonly refers to an active role played by the public authorities of a given country to ensure the respect of the rights deriving from Geographical Indications. As  a way of example, the clarification and strengthening of the PDO/PGI ex officio protection through Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs was undoubtedly a major improvement of the European legal framework on Geographical Indications. By virtue of Article 36 of the above-mentioned Regulation, each EU Member States had to designate its competent authority/ies in charge of monitoring the use of PDO/PGI on the market, in conformity with the protection conferred to them by Article 13 of the same Regulation. Such authorities must offer adequate guarantees of objectivity and impartiality, and shall have at their disposal qualified staff and resources necessary to carry out such functions. As the ex officio provisions represent a novelty in several EU countries, though, their uniform and coherent implementation remains a challenge.

 

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