Article 12
Opposition
(1) Any interested party may oppose the registration of a geographical indication by
sending to the Organization, within a period of six months from the publication mentioned in
Article 11 above, a written statement setting out the reasons for his opposition, which reasons
must be based on an infringement either of the provisions of Articles 5 and 6 of this Annex, or
of a prior right belonging to the opposing party.
(2) The Organization shall send a copy of the statement of opposition to the applicant
or to his agent, who may reply, setting out his reasons, within a once-renewable period of 3
months. The reply shall be forwarded to the opponent or to his representative. If his reply
does not reach the Organization by the prescribed time limit, the applicant shall be deemed to
have withdrawn his application for registration and the registration shall be cancelled.
(3) Before taking a decision on the opposition, the Organization shall, on request, hear
each or either of the parties or their agents.
(4) An appeal from the Organization’s decision on canceling the opposition shall lie to
the High Commission of Appeal within a period of three months from the date of receipt of
notice of the decision by the interested parties.
(5) The Organization shall only cancel the registration in so far as the aforementioned
opposition is valid.
(6) The final decision on cancellation shall be published in the official Bulletin of the
Organization.
Article 13
Access to Information in the Special Register
(1) Any person may, at any time, against payment of the prescribed fee, consult the
Special Register or request, at his own expense, information, extracts or copies of such
information.
(2) The consultation, information, extracts or copies referred to above may relate to one
geographical indication only.
Article 14
Cancellation and Modification of Registrations
(1) Any interested person or competent authority may request the court of a member
State to order:
(a) cancellation of the registration of a geographical indication on the grounds that,
with respect to Article 5, the indication may not as such enjoy protection;
(b) modification of the registration of a geographical indication on the grounds that the
geographical area referred to in the registration does not correspond to the geographical
indication or that the mention of the products for which the geographical indication is used or
the mention of the quality, reputation or other characteristic of the products has been omitted
or is not justified.
(2) In any action instituted under this Article, a notification of the request for
cancellation or modification shall be made to the person who has filed the application for
registration of the geographical indication or to his successor in title and shall be
communicated, by publication in the manner laid down by the Implementing Regulations