CHAPTER II U.K. PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

SECTION 4 U.K. Cancelling a protected designation of origin or geographical indication

Article 21 U.K. Admissibility of cancellation requests

1. For the purpose of Articles 106 of Regulation (EU) No 1308/2013 a substantiated cancellation request shall be admissible where:

(a) the cancellation request complies with the requirements set out in Article 13(1) of Implementing Regulation (EU) 2019/34; and

(b) the cancellation request is based on the grounds referred to in Article 106 of Regulation (EU) No 1308/2013.

2. Where the [F1 Secretary of State] considers that the cancellation request is not admissible [F2 the Secretary of State] shall inform the F3 ... third country authority or the natural or legal person that submitted the request of the reasons supporting the finding of inadmissibility.

3. Substantiated statements of objection to cancellation shall be admissible only where they show commercial reliance by an interested person on the registered name.

Textual Amendments

F1 Words in Art. 21(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(17)(a)

F2 Words in Art. 21(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(17)(b)

F3 Words in Art. 21(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(17)(c)