Commentary on provisions of Act Section 4: Designations of origin and geographical indications
Section 4 amends the domestic legislative framework that regulates agri-food GIs, namely assimilated Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (Regulation 1151/2012), and two other assimilated Regulations.
	Section 4(2) amends the definition of "application to register a trade mark" in Article 3 of assimilated Regulation (EU) No 1151/2012 to clarify the meaning of a trade mark that has been "applied for" or is "pending".
	Section 4(3) amends Article 6(4) of assimilated Regulation (EU) 1151/2012, so that a name is not to be registered as a GI if it is likely to cause confusion with an existing trade mark (whether registered in good faith or established by use) or a trade mark which is the subject of a pre-existing good faith pending application for registration. At present, an application for a GI must be rejected under Article 6(4) if, broadly, it would be liable to mislead the consumer in the light of a pre-existing trade mark. In combination with Articles 51 and 10(1)(b) of assimilated Regulation (EU) 1151/2012, this has the effect of allowing an application for an agri-food GI to be opposed on this ground. This amendment will also have effect in other parts of the agri-food GI application process where the ground in Article 6(4) is referred to.
	Section 4(4) expands the grounds on which the Secretary of State may cancel the registration of an agri-food GI to include cases where, when the application for registration of the GI (under Article 49 of assimilated Regulation (EU) 1151/2012), or a later successful name change application, was submitted it was likely to cause confusion with a pre-existing trade mark or good faith pending application for a trade mark, or it was a generic term. This will involve carrying out an assessment based on the position when the relevant registration or name change was applied for.
	Sections 4(5) to (9) make consequential amendments to two other assimilated Regulations, so that general provisions about opposition to a GI application and cancellation of a GI registration will apply in relation to the new and amended grounds.
	Section 4(10) provides that the amendments in sections 4(3) and (8) will apply only in relation to applications to register a GI or to applications to amend the product specification for a GI which involves changing the name of the GI (a "name-change application") that are submitted on or after the date on which the CPTPP enters into force for the UK.
	Section 4(11) sets out when and how sections 4(4), (5), (7) and (9) (which relate to the new grounds of cancellation) will apply. The grounds of cancellation in new Article 54(1A)(a) (no registration of generic terms) will apply regardless of when the application for the GI was submitted. The ground of cancellation in new Article 54(1A)(b) (conflict with trade mark) will apply only where the application for the GI or the name-change application (as the case may be), was submitted on or after the day on which sections 4(4), (5), (7) and (9) come into force.
	Section 4(12) defines terms used earlier in section 4.