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Section 3: Protection of geographical indications independently of registration
Article 347: The protection granted by this Law shall be:
1. applicable whether or not a geographical indication has been registered.
Nevertheless, in connection with any proceedings instituted under this Law, a
registration made in accordance with Articles 342 to 346 of this Law shall be
based on the assumption that the indication registered is a geographical
indication;
2. enforceable against any geographical indication which, even though it is
literally exact as for the territory, region or locality from which the goods
come, wrongly leads the public to think that the goods are from another
territory.
Section 4: Homonymous geographical indications for wines
Article 348: In the case of homonymous geographical indications for wines, protection shall
be granted for each indication, subject to the provisions of Article 323.
If parallel use of these indications is authorized, the Industrial Property Director
shall determine the practical arrangements, specifying that the homonymous
geographical indications in question are differentiated from each other, in view
of the need to guarantee fair treatment of the producers concerned and to ensure
that consumers are not misled.
Chapter II: Rights conferred by registration of geographical indications
Article 349: Only producers engaged in production in the geographical area indicated in the
register shall be entitled to use, for commercial purposes, a registered
geographical indication for the goods indicated in the register, provided that
such goods possess the quality, reputation or other characteristics indicated in
the register.
Article 350: Subject to the provisions of Part IV relating to the fundamental norms for
protection of industrial property rights, any interested person or group of
producers or consumers may institute proceedings with the court to prevent:
1. the use, in the designation or presentation of goods, of any means indicating
or suggesting that the goods in question come from a geographical region
other than the true place of origin in a way which misleads the public as to the
geographical origin of the goods;
2. any use which constitutes an act of unfair competition within the meaning of
this Law;
3. the use of a geographical indication to identify goods which do not come
from the place designated by the geographical indication in question, or are
used to identify spirits for those which are not from the place designated by
that indication even in cases where the true origin of the goods is indicated or