4.2.2016
4.
EN
Official Journal of the European Union
L 29/37
In respect of the geographical indications protected in its respective territory, each Party shall prohibit and prevent:
(a) any direct or indirect commercial use of a registered name in respect of the products not covered by the registration
in so far as:
(i) those products are comparable to the products protected under that name, or
(ii) such use exploits the reputation of the protected name;
(b) any misuse, imitation or evocation of a registered name, even if the true origin of the product is indicated or if the
protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’,
‘method’, ‘as produced in’, ‘kind’, ‘imitation’ or similar;
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on
the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing
of the product in a container liable to convey a false impression as to its origin; or
(d) any other practice liable to mislead the consumer as to the true origin of the good.
5.
Each Party shall enforce the protection provided for in Articles 81 to 83, including upon request from an
interested party, by appropriate administrative enforcement in accordance with domestic law.
6.
Each Party shall ensure that the protected geographical indications may be used by any operator marketing a good
conforming to the corresponding specification.
7.
Each Party shall ensure that the names that they have protected according to domestic law do not become generic.
8.
The Parties shall have no obligation to register a geographical indication where, in the light of a reputed or wellknown trademark, registration is liable to mislead consumers as to the true identity of the good.
9.
Without prejudice to this Article, each Party shall protect geographical indications also where a prior trademark
exists. A ‘prior trademark’ shall mean a trademark the use of which corresponds to one of the situations referred to in
paragraph 4, which has been applied for, registered or established by use, if that possibility is provided for by domestic
law, before the date on which the application for registration of the geographical indication is filed with the competent
authority of that Party. Such prior trademark may continue to be used and renewed notwithstanding the protection of
the geographical indication, provided that no grounds for the trademark's invalidity or revocation exist in the trademark
law of the Party where it is registered or used.
Article 83
Negotiations
The Parties shall, no later than seven years after the date on which this Title starts to apply, commence negotiations with
a view to concluding an agreement on the protection of geographical indications in their respective territories.
DESIGNS
Article 84
International agreements
The European Union reaffirms its commitment to the Geneva Act of the Hague Agreement Concerning the International
Registration of Industrial Designs of 1999. The Republic of Kazakhstan shall make reasonable efforts to accede to it.
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