relating to this Annex, to all persons entitled to use the geographical indication in accordance
with Article 15 hereafter.
(3) The persons referred to in paragraph (2) and any other interested person may submit
a petition to intervene within the time limit laid down by the court of the member State in the
aforementioned notification and publication.
TITLE IV
RIGHT TO USE A GEOGRAPHICAL INDICATION;
UNLAWFUL USE
Article 15
Use of a Geographical Indication
(1) Subject to paragraphs (2) and (3) hereafter, only producers carrying on their activity
for commercial purposes in the geographical area specified in the Register shall have the right
to use a registered geographical indication with respect to the products specified in the
register, provided that such products possess the essential characteristic qualities specified in
the register.
(2) Where products have been put into circulation under the conditions defined in the
preceding paragraph, under a registered geographical indication, any person shall have the
right to use the geographical indication for those products.
(3) Apart from the cases referred to in the preceding paragraphs (1) and (2), it shall be
unlawful to use, for commercial purposes, a registered geographical indication, or a similar
designation, with respect to the products specified in the Register or similar products, even if
the true origin of the products is indicated or if the geographical indication is in the form of a
translation or is accompanied by terms such as “kind”, “type”, “make”, “imitation” or the like.
(4) The competent national authority of the member State concerned may decide by
regulation that the quality of products put on sale or used under a registered geographical
indication shall be subjected to control or that the use of such geographical indication shall be
prohibited.
(5) It shall be unlawful to use in the designation or presentation of a product any means
that infers or suggests that the product concerned originates in a geographical area other than
its true place of origin in a manner likely to mislead the public as to the geographical origin of
the product.
(6) The owner of an earlier mark that is identical with or similar to a geographical
indication may continue to use his mark, except where such mark concerns wines or spirits.
Article 16
Civil Action
(1) Any interested person or any interested group of producers or consumers may bring
actions to obtain the relief provided for in paragraph (2) against persons making unlawful use,
within the meaning of Article 15(3) and (5), of a registered geographical indication and
against persons contributing to such use.
(2) Without prejudice to paragraph (3), the actions shall be to enjoin the unlawful use,
within the meaning of Article 15(3) and (5), of a registered geographical indication, or to
prohibit such use where it is imminent, and to destroy the labels and other documents which
have contributed or are likely to contribute to such unlawful use.