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PART 6 INDICATIONS OF GEOGRAPHICAL ORIGIN Chapter 1 Protection of Indications of Geographical Origin 126. Names, Indications or Signs Protected as Indications of Geographical Origin (1) For the purposes of this Law, indications of geographical origin shall be names of places, areas, regions or countries as well as other indications or signs used in the course of trade to identify the geographical origin of goods or services. (2) For the purposes of subsection (1), names, indications or signs of a generic nature shall not be eligible for protection as indications of geographical origin. Designations shall be considered to be of a generic nature which--although containing an indication of geographical origin within the meaning of subsection (1) or being derived therefrom--have lost their original meaning and serve as names of goods or services or as designations for or indications of the kind, nature, type or other properties or characteristics of goods or services. 127. Scope of Protection (1) Indications of geographical origin may not be used in the course of trade for goods or services which do not originate in the place, area, region or country designated by the indication of geographical origin if the use of such names, indications or signs for goods or services of a different origin entails the risk of misleading as to the geographical origin of the goods and services. (2) If the goods or services marked by an indication of geographical origin show special properties or a special quality, the use of such indication of geographical origin in the course of trade for the respective goods or services of the said origin shall only be permitted if the goods or services have those properties or that quality. (3) If an indication of geographical origin enjoys a special reputation, the use of such indication of geographical origin in the course of trade for goods or services of a different origin shall not be permitted even in the absence of a risk of misleading as to the geographical origin if the use for goods or services of a different origin is likely to take unwarranted and unfair advantage of, or be detrimental to, the reputation or the distinctive character of the indication of geographical origin. (4) The above subsections shall also apply where names, indications or signs similar to the protected indication of geographical origin are used or where the indication of geographical origin is used with additions, provided that, 1. in the cases referred to in subsection (1), there is a risk of misleading as to the geographical origin in spite of the divergence or the additions; or 2. in the cases referred to in subsection (3), such use is likely to take unfair advantage of, or be detrimental to, the reputation or the distinctive character of the indication of geographical origin in spite of the divergence or the additions. 128. Injunctive Relief; Claim for Damages (1) Persons entitled to assert claims pursuant to Section 13(2) of the Law Against Unfair Competition may claim an injunction against anyone who, in the course of trade, uses names, indications or signs in breach of Section 127. (2) Anyone who willfully or by negligence acts in breach of Section 127 shall be liable to compensate for damages resulting therefrom. (3) If the infringing act is committed in a business establishment by an employee or by an authorized person, the injunctive relief and, insofar as the employee or authorized person acted willfully or by negligence, the claim for damages may also be asserted against the owner of the business establishment. 129. Limitation Claims under Section 128 shall come under the statute of limitations pursuant to Section 20. Chapter 2 Protection of Geographical Indications and Designations of Origin Under Regulation (EEC) No. 2081/92 130. Application for Registration of a Geographical Indication or Designation of Origin (1) Applications for registration of a geographical indication or of a designation of origin in the Register of protected designations of origin and protected geographical indications kept by the Commission of the European Communities under Council Regulation (EEC) No. 2081/92 of July 14, 1992, on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs (OJEC), No. L 208, p.1) in its applicable version shall be filed with the Patent Office. (2) The application shall be accompanied by a fee as specified in the schedule of fees. If the fee is not paid, the application shall be deemed not to have been filed. (3) If the examination of the application shows that the geographical indication or designation of origin filed for registration complies with the requirements specified in Regulation (EEC) No. 2081/92 and its implementing provisions, the Patent Office shall inform the applicant accordingly and transmit the application to the Federal Ministry of Justice. (4) The Federal Ministry of Justice shall transmit the application with the required documents to the Commission of the European Communities. (5) If the examination shows that the requirements for the registration of the filed geographical indication or designation of origin are not complied with, the application shall be rejected. 131. Request to Amend the Specification Section 130 shall apply mutatis mutandis to requests to amend the specification of a geographical indication or of a designation of origin pursuant to Article 9 of Regulation (EEC) No. 2081/92. No fee shall be payable. 132. Objections (1) Objections under Article 7(3) of Regulation (EEC) No. 2081/92 to the registration of geographical indications and designations of origin in the Register of protected designations of origin and protected geographical indications kept by the Commission of the European Communities, or to amendments of the specification of a geographical indication or designation of origin, shall be filed with the Patent Office. (2) A fee as specified in the schedule of fees shall be paid for the objection. If the fee is not paid in time, the objection shall be deemed not to have been raised. 133. Responsibilities in the Patent Office; Appeals (1) The Trade Mark Divisions set up in the Patent Office shall be responsible for handling applications under Sections 130 and 131 and objections under Section 132. (2) An appeal to the Federal Patent Court and an appeal on a point of law to the Federal Court of Justice shall lie from decisions taken by the Patent Office pursuant to the provisions specified in this Chapter. The provisions in Part 3 of this Law concerning appeal proceedings before the Patent Court and proceedings on appeals on a point of law before the Federal Court of Justice shall apply mutatis mutandis. 134. Supervision (1) The supervision and inspection required under Regulation (EEC) No. 2081/92 and the provisions implementing the Regulation shall be incumbent upon the authorities responsible under Land law. (2) As far as required for the supervision and inspection for the purposes of subsection (1), the agents of the responsible authorities may, in enterprises which produce or market agricultural products or foodstuffs (Section 7(1) of the Law on Foodstuffs and Articles of Daily Use [Lebensmittel- und Bedarfsgegenständegesetz]) or which transfer, import or export such agricultural products or foodstuffs within the Community, 1. enter and inspect business premises and real properties, sales outlets and means of transport; 2. take samples against receipt; upon request of the party concerned, a part of the sample or, if the sample is indivisible, a second sample shall be left with him under official seal; 3. inspect and examine business records; 4. demand information, during business or working hours. Such rights also extend to agricultural products or foodstuffs which are marketed in public areas, in particular markets, squares, streets or by peddling. (3) Owners or managers of enterprises shall be liable to permit the entering and inspection of their business premises and real properties, sales outlets and means of transport, to display or have displayed the agricultural products or foodstuffs to be inspected in a way to enable the inspection in due form, to give or have given the necessary assistance during inspections, to allow the taking of samples, to submit their business records and to permit their examination as well as to supply information. (4) If the supervision is effected during import or export, subsections (2) and (3) shall apply mutatis mutandis also to the person transferring, importing or exporting the agricultural products or foodstuffs within the Community on behalf of the owner of the enterprise. (5) A person liable to supply information may refuse to give information in response to questions the answering of which would make him or one of the relatives specified in Section 383(1), Nos. 1 to 3, of the Code of Civil Procedure liable to prosecution or proceedings under the Law on Administrative Offenses. (6) For official acts to be performed under Article 10 of Regulation (EEC) No. 2081/92 for inspection purposes, cost-covering fees and expenses shall be charged. The acts liable to fees shall be specified by Land law. 135. Injunctive Relief; Claim for Damages (1) Persons entitled to assert claims under Section 13(2), of the Law Against Unfair Competition may claim an injunction against anyone who, in the course of trade, commits acts in breach of Article 8 or 13 of Regulation (EEC) No. 2081/92. (2) Section 128(2) and (3) shall apply mutatis mutandis. 136. Limitation Claims under Section 135 shall come under the statute of limitations according to Section 20. Chapter 3 Authorization to Issue Legal Ordinances 137. Detailed Provisions for the Protection of Individual Indications of Geographical Origin (1) The Federal Ministry of Justice shall have the power to lay down by legal ordinance detailed provisions concerning individual indications of geographical origin in agreement with the Federal Ministry of Economics, the Federal Ministry of Food, Agriculture and Forests and the Federal Ministry of Health, and with the consent of the Council of the Länder. (2) The following may be laid down by legal ordinance: 1. the area of origin by reference to political or geographical borders; 2. the quality or other properties for the purposes of Section 127(2), and their relevant circumstances, in particular the process or method of manufacturing or producing the goods or of supplying the services, or the quality or other properties of the basic materials used, such as their origin; and 3. the way the indication of geographical origin is used. In so doing, the existing fair practices and customs in using indications of geographical origin shall be taken into account. 138. Other Provisions for the Procedure Concerning Applications, Requests and Oppositions Under Regulation (EEC) No. 2081/92 (1) The Federal Ministry of Justice shall have the power to lay down by legal ordinance detailed provisions concerning the application, request and opposition procedures (Sections 130 to 133) without the consent of the Council of the Länder. (2) The power to issue legal ordinances under subsection (1) may be transferred in whole or in part by the Federal Ministry of Justice to the President of the Patent Office by legal ordinance without the consent of the Council of the Länder. 139. Provisions Implementing Regulation (EEC) No. 2081/92 (1) The Federal Ministry of Justice shall have the power to lay down by legal ordinance further details of the protection of designations of origin and of geographical indications under Regulation (EEC) No. 2081/92 in agreement with the Federal Ministry of Economics, the Federal Ministry of Food, Agriculture and Forests and the Federal Ministry of Health and with the consent of the Council of the Länder as far as required in consequence of Regulation (EEC) No. 2081/92 or of its implementing provisions issued by the Council or the Commission of the European Union. By legal ordinance under sentence 1 may be laid down in particular provisions concerning 1. the marking of the agricultural products or of the foodstuffs; 2. the right to use the protected names; or 3. the requirements and the procedure for supervising and inspecting the transfer, import or export, within the Community. Ordinances under sentence 1 may also be laid down if the Member States are authorized to issue supplementary provisions under the Community law provisions mentioned here. (2) The governments of the Länder shall have the power to transfer by means of legal ordinance the carrying out of the inspections required under Article 10 of Regulation (EEC) No. 2081/92 to approved private inspection bodies, or to involve such bodies in carrying out these inspections. The governments of the Länder may also lay down by legal ordinance the requirements and procedure for the approval of private inspection bodies. They shall be authorized to transfer the power under sentences 1 and 2 by legal ordinance in whole or in part to other authorities.

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