Decree of the Minister for Foreign Affairs No 19 / 1981 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of data on origin, designations of origin and other designations of agricultural and industrial products referring to origin, the Protocol to the Treaty and the Agreement on the implementation of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on data protection and origin, designations of origin and other designations of agricultural and industrial products referring to origin
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Effective from 26.02.1981
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19
DECLARATION
Minister for Foreign Affairs
of 20 January 1981
on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of data on origin, designations of origin and other designations of agricultural and industrial products referring to origin, the Protocol to the Treaty and the Agreement on the implementation of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of data on origin, designations of origin and other designations of agricultural and industrial products referring to origin
The Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of data on origin, designations of origin and other designations of agricultural and industrial products referring to origin and the Protocol to the Treaty were signed in Vienna on 11 June 1976.
The Treaty and Protocol were agreed by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 18 November 1980.
Pursuant to Article 16 of the Treaty and the Protocol thereto, pursuant to Article XI thereof, shall enter into force on 26 February 1981.
The Agreement on the implementation of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of origin data, designations of origin and other designations of agricultural and industrial products referring to origin was signed in Prague on 7 June 1979. The Agreement referred to in Article 2 shall also enter into force on 26 February 1981.
The Czech version of the above-mentioned contract documents shall be published simultaneously.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of origin data, designations of origin and other designations of agricultural and industrial products referring to origin
President of the Czechoslovak Socialist Republic and
Federal President of the Republic of Austria
led by a desire to protect against unfair competition the origin, designation of origin and other designations of agricultural and industrial products referring to origin, they agreed to conclude a Treaty to that end and appointed their agents:
President of the Czechoslovak Socialist Republic
Ing. Miroslav White Head
Chairman of the Office for inventions and discoveries
and Federal President of the Republic of Austria
Dr. Otto Leberla
Chairman of the Austrian Patent Office
After the exchange of their full powers, which they found in good and proper form, the officers agreed this:
Each of the Contracting States shall undertake to take all necessary measures to protect effectively against unfair competition in the course of trade the indications of origin, designations of origin and other designations of agricultural and industrial products which refer to the groups referred to in Article 5 and which are specified in the Agreement referred to in Article 6 and the names and pictures referred to in Articles 3, 4 and 8 (2).
All references, directly or indirectly, to the origin of the product shall be understood as references to origin, and other indications referring to origin within the meaning of this Treaty. Such reference shall in principle constitute a geographical indication. It may also consist of other particulars where the relevant trade circles of the country of origin see a reference to the country where the product was manufactured in relation to the product so labelled. Those indications may include, in addition to the reference to origin from a geographical area, the quality of the product in question. These specific characteristics of the products are subject solely or mainly to geographical or human factors.
(1) The names "Czechoslovak Socialist Republic," "Czech Socialist Republic," "Slovak Socialist Republic," "Czechoslovak Republic," "Bohemia," "Moravia" and "Slovakia," and the historical names of individual countries in the Czechoslovak Socialist Republic, as well as the Czechoslovak names in the Agreement referred to in Article 6, are reserved exclusively for Czechoslovak products in the Republic of Austria.
(2) The historical names of individual countries in the Czechoslovak Socialist Republic are: Bohemia, Moravia, Slovakia.
(3) Where one of the Czechoslovak designations protected under paragraph 1 conforms to a designation of territory or place outside the territory of the Czechoslovak Socialist Republic, that designation may be used only as an indication of origin and in such a way as to exclude any deception concerning the origin and nature of the products.
(4) Paragraph 1 shall not prevent an authorised user from using his own name in the territory of the Republic of Austria if that name is, in whole or in part, a Czechoslovak designation protected under this Treaty. In this case, the name may only be used unchanged, also not in translation and not in a way that may lead to deception.
(1) The name "Republic of Austria," the designation "Austria" and "Austria" and the names of the Austrian Länder, as well as the Austrian designations referred to in the Agreement referred to in Article 6, are reserved exclusively for Austrian products in the Czechoslovak Socialist Republic.
(2) The Austrian Länder are: Burgenland, Korutans, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg, Vienna.
(3) Where one of the Austrian designations protected under paragraph 1 conforms to a designation of territory or place outside the territory of the Republic of Austria, that designation may be used in respect of non-Austrian products only as a indication of origin and in such a way as to, in particular, mention the country of origin which excludes any deception concerning the origin and nature of the products.
(4) Paragraph 1 shall not prevent a authorized user from using his own name in the territory of the Czechoslovak Socialist Republic if that name is, in whole or in part, an Austrian designation protected under this Treaty. In this case, the name may only be used unchanged, also not in translation and not in a way that may lead to deception.
(1) The groups of Czechoslovak products are as follows:
A.
Wine
B.
Nutrition and agriculture (without wine)
1. Bakery and pastry products
2. Beer
3. Fish
4. Meat products
5. Agricultural products
6. Gardening products
7. Milk and cheese products
8. Water and mineral waters
9. Spirituous beverages
10. Miscellaneous goods
C.
Industrial production
1. Glass and porcelain goods
2. Arts and crafts
3. Jewelry, imitation jewellery
4. Machinery, Steel and Iron Goods
5. Games, toys, musical instruments
6. Stone, stone, soil
7. Textile products
8. Salts and salts
9. Miscellaneous goods
(2) The Austrian product groups are as follows:
A.
Wine
B.
Nutrition and agriculture (without wine)
1. Bread
2. Beer
3. Mineral waters
4. Cheese
5. Spirits (liqueurs and spirits)
6. Diabetes
7. Austrian Specialties
8. Miscellaneous goods
C.
Industrial production
1. Textile products
2. Other industrial and craft products
3. Stone, stone and soil
4. Miscellaneous goods
The labelling of individual products which fulfil the conditions of Article 2 and Article 5 which enjoy protection under this Treaty and are not, therefore, marks of the species shall be indicated in the Agreement concluded by the Governments of both Contracting States.
(1) If the names and designations protected under Articles 3, 4, 6 and 8 (2) of this Treaty are to be used in the course of trade in contravention of those provisions for products, in particular for their adaptation or packaging, or on accounts, transport documents or other commercial documents or in advertising, all judicial and administrative measures which, under the laws of the Contracting State in which protection is applied, are to be taken into account for combating unfair competition or for suppressing inadmissible indications shall be applied under the conditions laid down in this legislation and in Article 9.
(2) Where there is a likelihood of confusion in the course of trade, paragraph 1 shall also apply where signs protected under this Treaty are used in an amended form or for products other than those for which they are intended under the Agreement referred to in Article 6.
(3) Paragraph 1 shall apply where signs protected under this Treaty are used in translation or by reference to the actual origin or with the verdicts "species," "type," "method," "imitation" or similar.
(4) Paragraph 1 shall not apply to translations of the designation of one Contracting State where translation into the language of the other Contracting State is the word of speech.
(1) Article 7 of this Treaty shall also apply to products, in particular for their preparation or packaging, or to accounts, transport documents or other commercial documents or to advertising, where signs, marks, names, inscriptions or pictures, which contain, directly or indirectly, false or misleading indications of origin, nature, type or essential characteristics of the products.
(2) Where, in the course of trade, the names or pictures of places, buildings, monuments, rivers, mountains, or similarly one of the Contracting States enjoying a particular reputation there or having a special advertising power are used for products not originating in that State in the other Contracting State, such use shall be considered to be misleading in respect of the origin of the products so designated, unless, under the circumstances, deception cannot reasonably be assumed.
(1) The claims of acts contrary to the provisions of this Treaty may be invoked before the courts of the Republic of Austria in addition to the natural and legal persons entitled to do so under the legislation of the Republic of Austria, including associations, associations and establishments established in the Czechoslovak Socialist Republic, representing the producers or traders involved, where the legislation of the Czechoslovak Socialist Republic allows the Czechoslovak Union, associations and establishments to do so.
(2) The claims of acts contrary to the provisions of this Treaty may be invoked before the courts of the Czechoslovak Socialist Republic, in addition to the natural and legal persons entitled to do so under the legislation of the Czechoslovak Socialist Republic, including associations, associations and establishments established in the Republic of Austria, representing the producers or traders involved, where the legislation of the Republic of Austria permits Austrian associations, associations and establishments.
(1) Signs registered and valid before 1 January 1973 which contravene the indications referred to in Articles 3 and 4 or the lists contained in the Agreement foreseen in Article 6 may continue to be used until no later than eight years after the entry into force of this Treaty (operative date).
(2) Grades registered and valid before 1 January 1973 which infringe exclusively Article 8 (2) may continue to be used until a maximum of 10 years after the entry into force of this Treaty (operative date).
(3) Paragraphs 1 and 2 shall apply to indications which are subject to this Treaty only on the basis of amendments or additions to the lists contained in the Agreement foreseen in Article 6, with the effect that the date of entry into force of the amended Agreement shall be deemed to be the relevant date.
(1) Products, packaging, advertising equipment, as well as accounts, transport documents and other commercial documents which, at the time of entry into force of the Agreement foreseen in Article 6, are in the territory of one of the Contracting States and are duly provided with data which may not be used under this Treaty may be used for one year after the entry into force of the Agreement.
(2) In the event that the lists of designations contained in the Agreement foreseen by Article 6 are amended or extended, paragraph 1 shall apply, with a period of one year beginning with the entry into force of the amended Agreement.
This Treaty shall not apply to the designation of products which are merely accompanying the territory of one of the Contracting States.
The protection of the designation of products under this Treaty shall be without prejudice to the provisions in force in each of the Contracting States on import and declaration of such products.
This Treaty shall not preclude wider protection which is granted in the Contracting States under national law or other international agreements by a designation protected under this Treaty or in the future.
The competent authorities of the Contracting States shall be in regular contact with each other in order to consult on proposals to amend or extend the Agreement foreseen in Article 6, as well as on issues which might arise in the implementation of the Treaty.
(1) This Treaty requires ratification; The instruments of ratification shall be exchanged as soon as possible.
(2) This Treaty shall enter into force 100 days after the replacement of the instruments of ratification and shall not be limited in time.
(3) Each Contracting State may terminate this Treaty in writing by diplomatic means within a period of at least one year.
(4) The agreement referred to in Article 6 may be concluded before the entry into force of the Treaty, but it shall enter into force at the same time as the Treaty.
This contract was signed and sealed by the agents of the two Contracting States to prove it.
Done at Vienna, 11 June 1976, in two original copies, each in the Czech and German languages, each text being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
Ing. Miroslav White Hlavávek v. r.
For the Government of the Republic of Austria:
Dr Otto Leberl v. r.
PROTOCOL
The Contracting Parties wish to further regulate the application of certain provisions of the Treaty of 11 June 1976 on the protection of origin data, designations of origin and other designations of agricultural and industrial products referring to origin,
agree on the following provisions:
The provisions of the Treaty do not, in principle, restrict the use of wine grape varieties either separately or in conjunction with a geographical or other indication.
The Austrian labelling of wine varieties shall in particular be:
Bouviertraub
Blaufränkisch
Blauer Portugal
Blauer Wildbacher
Klevner, Blauburger, Grauburger, Weissburgunder
Cabernet
Cabernet- Sauvignon
Jubiläumsrebe
Mädchentrauba
Malvasier
Merlot
Morillon (or Chardonnay)
Riesling x Sylvaner (Müller-Thurgau)
Muscat
Muscateller
Muscat-Ottonel
Muskat-Sylvaner
Neuburger
Rheinriesling (or Riesling)
Rotgipfler
Ruländer (or Grauer Burgunder)
St. Laurent (or Laurenzitrabe)
Sauvignon (or Muskat-Sylvaner)
Sylvaner
Traminer (Roter Traminer, Gewürzdeminer)
Veltliner (Grüner Veltliner, Roter Veltliner, Frühroter Veltliner)
Welschriesling (or Riesling)
Zierfandler (or Spätrot)
Zweigeltrebe
The same protection as those protected by the Treaty and the Agreement to be concluded under the Treaty shall also be enjoyed by the grammatical derivatives of those designations, such as derived adjectives or essential names.
Under their own names within the meaning of Article 3 (4) and Article 4 (4) Contracts shall mean both personal names and geographical indications.
The alleged essential characteristics within the meaning of Article 8 (1) of the Treaty are, in particular:
(a) for wines:
alcohol content, producer (producer), bottled, merchant, designation: white, red, rosé, growth, wine growing, drawing, original, original filling, original bottling, bottled, bottled in the cellar, self-contained, late collection, wine from late collection, selection, selection of selection wine, selection of berries, wine from selection berries, formation, velvet, selection of dry berries, high-quality wine, wine with seal, vintage wine, vermouth (vermouth), semi-sparkling wine, quality wine, quality wine, quality wine, quality wine, quality wine, quality wine, quality of harvest, wine with seal, dessert wine, aromatised wine, vermouth (vermouth), semi-sparkling wine, quality wine, quality wine, quality wine, quality wine;
(b) for brandy:
V. O., V. O. S., V. S. O. P., extra; one, three stars.
The contract shall not apply to fresh meals sold or served directly to the direct consumer, such as in hospitality or barbarism.
(1) The inclusion of the Austrian designations "Marillenbrand," "Marillenlikör," "Ribiselbrand," "Ribisellikör," "Ribiselwein," "Ribiselsaft" in the Agreement to be concluded under this Agreement, does not preclude the use of translations such as the Czechoslovak term "Rybiz," or synonyms such as "Aprikosenlikör," "" Aprikosenbrand, "" Johannisbeerbrand, "Johannisbeerlikör," "" Johannisbeerwein, "Johannisbeersaft."
(2) Paragraph 1 does not preclude the use of the Czechoslovak designation "Marila" separately or in conjunction with the representation of fruit, e.g. apricots, in particular as trade names or marks, provided that the Czechoslovak origin is clearly indicated.
(3) Where the Austrian names "Marillenbrand," "Marillenlikör," "Ribiselbrand," "Ribisellikör," "Ribiselwein," "Ribiselsaft" in the territory of the Czechoslovak Socialist Republic, the Austrian origin must be clearly indicated.
(1) The inclusion of the following designations for Austrian products in the Agreement to be concluded under the Treaty does not preclude the use of their translation into other languages:
Inländerrum
Kremser Senf.
(2) The designation "Karpatenbitter," "Karpatensalami" and "Olmützer Quargel" may be used for Austrian products only in German language in conjunction with a clear and clearly legible reference to Austrian origin and without amendments such as "real," "original" and so on.
The designation "Heuriger 'may be used in German language only for Austrian wines. This also applies to grammatical derivatives and the composition of the words in which this designation occurs.
(1) The inclusion of the Czechoslovak designation "Liptovská bryndza" in the Agreement to be concluded under the Treaty does not preclude the use of the designation "Liptauer" for Austrian speciality (teared cheese).
(2) The inclusion of the designation "Jablonec" in the Agreement to be concluded under the Treaty does not preclude the use of the designation "Gablonzer Waren," "Gablonzer Bijouterie," "Gablonzer Schmunk," "Gablonzer Schmuckwaren," "Gablonzer Kristallerie" and "Gablonzer Schmuckstein" for Austrian products, provided that the Austrian origin is indicated.
(1) The inclusion of the designation "Plzeň," "Pilsen," "Pilsner," "Pilsner," "Pilsner" and "Pils" in the Agreement to be concluded under the Treaty does not preclude the use of the designation "Pils" for beer in Austria in combination with words containing the connection, for example, of a word tag, a trade name or any other reference to a brewery or country of manufacture. Such a combination of words takes place not only when it is a composite word or a few words connected by a dash, but also when these words are directly connected to the bottle's abdominal label or can's label.
(2) Natural and legal persons, including personal companies under commercial law, who used the designation "Pilsner" or "Pilsener" for beer produced by them in Austria continuously or with an interruption from 1.1.1967 until the entry into force of the Treaty, may continue to use that designation until nine years after the entry into force of the Treaty, together with a clear and clear reference to Austrian origin.
(3) The right to further use referred to in paragraph 2 may be disposed of or inherited only with the part of the undertaking to which those designations apply.
This Protocol forms an integral part of the Treaty, which was signed on 11 June 1976 between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of origin data, designations of origin and other designations of agricultural and industrial products referring to origin.
To prove it, the agents signed this protocol.
Done at Vienna, 30 November 1977 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government
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Regulation Information
| Citation | Decree No 19 / 1981 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the protection of data on origin, designations of origin and other designations of agricultural and industrial products referring to origin, the Protocol to the Treaty and the Agreement on the implementation of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on data protection and origin, designations of origin and other designations of agricultural and industrial products referring to origin |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.1981 |
|---|---|
| Effective from | 26.02.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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