Importantly, the move into non-agricultural GIs would be a main shift for the EU. Currently, there is no system for the recognition and protection of non-agricultural GIs at the EU level and non-agricultural GIs are only protected by certain EU Member States on the basis of their domestic laws.
In this regard, non-governmental organisations, such as the Organization for an International Geographical Indications Network i. The Geneva Act provides for a flexible international registration system allowing the contracting parties to use any type of legislation to protect products registered under the Lisbon system, provided that the legislation fulfils the requirements of the Geneva Act.
Regarding the grounds for the invalidation of a registered product, the Geneva Act does not provide for invalidity grounds, allowing contracting parties to address this in its domestic rules. This is in line with EU legislation, which does not operate with a list of invalidation grounds. Finally, the Geneva Act also provides for better protection of third-party rights, allowing anyone whose interest were to be affected by the international registration of a GI or appellation of origin to request to its Competent Authority to notify a refusal of protection relating to the registration.
GIs are important intellectual property rights because they have the potential to add value and promote rural socio-economic development. Any change with respect to the protection of GIs could have an impact on businesses that depend on the use of GIs as a distinctive advantage of their products.
Therefore, the accession of the EU to the Geneva Act could bring a number of advantages, in particular by extending the protection of GIs to the current and future parties of the Geneva Act. Once the EU has acceded to the Geneva Act, it could refer to the Lisbon System in its bilateral trade negotiations if the respective trading partner is part of the Lisbon Agreement instead of negotiating a detailed case-by-case protection of GIs. However, the success and impact of the reformed Lisbon Agreement will clearly depend on the number of countries or inter-governmental organisations that become part of it.
The European Parliament is expected to approve the legislative proposal during its plenary meeting on 16 April The accession of the EU to the Geneva Act would be a step further for the protection of GIs at the global and multilateral level. Interested stakeholders should monitor the next steps, in particular as they relate to the protection of non-agricultural products through GIs.
Hemp seeds, flour and seed oil remain permitted without such pre-market approval. In recent months, hemp and CBD products, as well as shops selling such products, have increasingly appeared across the EU, but now face an important impediment. Under EU law, novel foods are foods that were not used for human consumption to a significant degree within the EU before 15 May , irrespective of the dates of accession of EU Member States.
This includes newly developed, innovative food, or food produced using new technologies and production processes, as well as food traditionally consumed outside of the EU. The aim of the NFR is to establish a clear legal framework allowing food businesses to easily bring new and innovative foods to the EU market, while maintaining a high level of food safety for consumers.
The rules needed to be updated to simplify the current authorisation procedures including a notification procedure for new traditional foods from third countries and to take account of recent developments in EU law and technological progress see Trade Perspectives , Issue No. Products derived from the hemp plant i. CBD is one of chemical compounds i. CBD can be extracted and mixed with a carrier oil, often hemp seed or coconut oil, to create CBD oil.
The seeds can be used to produce protein powder, as well as bread and cereals. Likewise, the oil is also used, inter alia , in food supplements and for the production of margarine, salad dressing and cosmetics. What makes CBD interesting are its alleged analgesic i. According to Article 4 of the NFR, food business operators are responsible for verifying whether or not the food they would like to place on the EU market is considered a novel food.
If a food business operator is unsure of the novel food status of the food after consulting all available information including the NFR, the EU List of Novel Foods, and the EU Novel Food Catalogue , the food business operator is supposed to check the status of the food with the authorities in the EU Member State in which the food is supposed to be marketed first.
Along with a description of the food product, it also provides information on the novel food status of the product, based on information provided by the EU Member States. It is a non-exhaustive list and serves as orientation on whether a product would require authorisation under the NFR.
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