Enforcement

lalwsuitoriGIn supports all effective mechanisms (court, out of court, opposition in the context of trademarks’ application, …) to enforce GIs rights. In this context, mechanisms of administrative protection, which make it easier and less onerous for groups to enforce their rights, are extremely interesting.

The expression administrative 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 GIs.  As a way of example, by virtue of Article 36 of Regulation (EU) No 1151/2012, 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.

On enforcement, see also the section Relations with Trademarks

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