4. Terminating the Legal Protection of an Appellation of Origin and of the Exclusive Right to an Appellation of Origin

Article 1535. Grounds for Challenging and Deeming Invalid the Granting of Legal Protection to an Appellation of Origin and an Exclusive Right to an Appellation of Origin

1. Challenging the grant of legal protection to an appellation of origin means challenging a decision of the federal executive governmental body charged with intellectual property matters on the state registration of the appellation of origin and on the granting of an exclusive right to the appellation of origin, and also challenging the issuance of a certificate of exclusive right to the appellation of origin.
Challenging the granting of an exclusive right to an appellation of origin that has been registered earlier means challenging a decision on the granting of the exclusive right to the appellation of origin that has been registered earlier and the issuance of a certificate of the exclusive right to the appellation of origin.
Deeming invalid the grant of legal protection to an appellation of origin shall cause the revocation of a decision on the state registration of the appellation of origin and on the granting of an exclusive right to the appellation of origin, and the cancellation of entries in the State Register of Appellations of Origin and a certificate of exclusive right to the appellation of origin.
Deeming invalid the granting of an exclusive right to an appellation of origin that has been registered earlier shall cause the revocation of a decision on the granting of the exclusive right to the appellation of origin that has been registered earlier, the cancellation of entries in the State Register of Appellations of Origin and in a certificate of the exclusive right to the appellation of origin.

2. The grant of legal protection to an appellation of origin may be challenged and deemed invalid for the whole term of protection if legal protection has been granted in breach of the provisions of the present Code. The granting of an exclusive right to an appellation of origin that has been registered earlier may be challenged and deemed invalid for the whole effective term of the certificate of the exclusive right to the appellation of origin (Article 1531).
If the use of an appellation of origin for a merchandise can mislead the consumer concerning the merchandise or the manufacturer thereof due to the existence of a trademark having an earlier priority the grant of legal protection to the said appellation of origin may be challenged and deemed invalid within five years after the publication of information on the state registration of the appellation of origin in the gazette.

3. On the grounds set out in Item 2 of the present article a person concerned may file an objection with the federal executive governmental body charged with intellectual property matters.

 

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