CHAPTER III GEOGRAPHICAL INDICATIONS

Article 27 Opposition procedure
1 Within three months from the date on which the product specification and single document are published in accordance with Article 26(2), a natural or legal person having a legitimate interest (whether established in Great Britain or elsewhere), or the authorities of a third country, may submit a notice of opposition to the Secretary of State.
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A notice of opposition shall contain a declaration that the application might infringe the requirements of this Chapter.
A notice of opposition that does not contain such a declaration shall be void.
The Secretary of State shall forward the notice of opposition without delay to the applicant or authority that submitted the application.
Words in Art. 27(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(a)(i)(aa)
Words in Art. 27(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(a)(i)(bb)
Words in Art. 27(1) 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), 28(17)(a)(ii)
Words in Art. 27(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(a)(iii)(aa)
Words in Art. 27(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(a)(iii)(bb)
2 If a notice of opposition is submitted to the Secretary of State and is followed within two months by a reasoned statement of opposition, the Secretary of State shall check the admissibility of this reasoned statement of opposition.
Words in Art. 27(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), 28(17)(b)
3 Within two months from the receipt of an admissible reasoned statement of opposition, the Secretary of State shall invite the authority or person that submitted the opposition and the applicant or authority that submitted the application to engage in appropriate consultations for a period that shall not exceed three months. That deadline shall start on the date when the invitation to the interested parties is delivered by electronic means.
The authority or person that submitted the opposition and the applicant or authority that submitted the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the requirements of this Chapter. If no agreement is reached, that information shall also be provided to the Secretary of State.
When the interested parties reach an agreement, the applicant that submitted the application or the authorities of the third country from which the application was submitted shall notify the Secretary of State of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities ... of a third country, or of other natural and legal persons having submitted an opposition.
Irrespective of whether an agreement has been reached or not, the notification to the Secretary of State shall be made within one month from the end of the consultations.
At any time during those three months, the Secretary of State may, at the request of the applicant extend the deadline for the consultations by a maximum of three months.
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(i)(aa)
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(i)(bb)
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(ii)(aa)
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(ii)(bb)
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(iii)(aa)
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(iii)(bb)
Words in Art. 27(3) 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), 28(17)(c)(iii)(cc)
Words in Art. 27(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(c)(iv)
4 Where, following the appropriate consultations referred to in paragraph 3 of this Article, the details published in accordance with Article 26(2) have been substantially amended, the Secretary of State shall repeat the scrutiny referred to in Article 26.
Words in Art. 27(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(d)
5 The notice of opposition, the reasoned statement of opposition and the related documents which are sent to the Secretary of State in accordance with paragraphs 1 to 4 shall be in one of the official languages of the Union.
Words in Art. 27(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(e)