Decree of the Minister for Foreign Affairs No. 63 / 1987 Coll.

Q: Is Decree of the Minister for Foreign Affairs No. 63 / 1987 Coll. still valid?

Yes, Decree of the Minister for Foreign Affairs No. 63 / 1987 Coll. is still valid and effective.

63

DECLARATION

Minister for Foreign Affairs

of 18 May 1987

on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the protection of data on origin, designations of origin and other geographical and similar indications

On 10 January 1986, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the protection of data on origin, designations of origin and other geographical and similar designations was signed in Lisbon.

The agreement was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic.

The Agreement entered into force on 7 March 1987 on the basis of Article 14 (1) thereof.

The Czech translation of the Agreement is announced simultaneously.

Minister:

Ing. Chupek v. r.

AGREEMENT

between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the protection of data on origin, designations of origin and other geographical and similar indications

The Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic hereinafter referred to as "Contracting Parties',

be aware of the interest of developing and consolidating friendly relations between them and expanding industrial property relations,

intended to protect effectively against unfair competition between natural, industrial and craft products and, in particular, indications of origin, designations of origin and other geographical and similar indications reserved for certain products,

decide to conclude this Agreement and agree on the following:

The Contracting Parties undertake to take all necessary measures to protect effectively:

1. natural, industrial and craft products originating in the territory of the other Contracting Party against unfair competition in commercial and industrial activities as well as consumers against any deception concerning the origin of the products;

2. the names, designations and pictures referred to in Articles 2, 3 and 6 (2) and the designations listed in Annexes A and B to this Agreement, in accordance with the provisions of this Agreement and the Protocol thereto.

1. The names "Czechoslovak Socialist Republic," "Czech Socialist Republic," "Slovak Socialist Republic," "Czechoslovak Republic," the designation "Czechoslovakia," the historical names of individual countries and the names of territories and regions located in the Czechoslovak Socialist Republic, as well as the indications listed in Annex A to this Agreement shall be reserved exclusively for Czechoslovak products or goods in the territory of the Portuguese Republic and may be used only under the conditions laid down in Czechoslovak legislation, unless otherwise provided for in paragraphs 2 and 3 of this Article.

2. If one of the indications listed in the Annex is made, A use of this Agreement for products or goods other than those with which it is associated in that Annex A shall apply only if:

(a) where use is liable to create disadvantages in the field of competition for undertakings which use the designations listed in Annex A for Czechoslovak products or goods; or

(b) where the use of the label is capable of causing damage to a particular reputation or to a special attractive strength of the label.

3. Paragraph 1 shall not prevent an authorised user from putting his name or his trade name on his products or goods, his packaging, on commercial papers or in advertising if he contains the name of a natural person. The use of a name or trade name as a mark shall be permitted only if and in such a way as not to mislead the origin of the products or goods.

1. The name "Portuguese Republic," the designation "Portugal," "Portugal," "Lusitania" and "Iberia" and the names of the territories and regions situated in the Portuguese Republic, as well as the designations listed in Annex B to this Agreement shall be reserved exclusively for Portuguese products or goods in the territory of the Czechoslovak Socialist Republic and may be used there only under the conditions laid down in Portuguese legislation, unless otherwise provided for in paragraphs 2 and 3 of this Article.

2. Where one of the designations listed in Annex B to this Agreement is used for products or goods other than those to which it relates in that Annex B, paragraph 1 shall apply only if:

(a) where use is likely to cause disadvantages in the field of competition to undertakings which use the indications listed in Annex B for Portuguese products or goods; or

(b) where the use of the label is capable of causing damage to a particular reputation or to a special attractive strength of the label.

3. Paragraph 1 shall not prevent an authorised user from putting his name or his trade name on his products or goods, his packaging, on commercial papers or in advertising if he contains the name of a natural person. The use of a name or trade name as a mark shall be permitted only if and in such a way as not to mislead the origin of the products or goods.

1. Where one of the designations protected under this Agreement conforms to products or goods of one Contracting Party with a designation of territory or place of destination in the territory of the other Contracting Party, such labelling may be used only if the country of origin is indicated in a significant manner and in such a way as to exclude any deception concerning the origin and nature of the products or goods.

2. Geographical names of third countries which correspond to the indications listed in Annexes A and B or other indications of origin of one of the Contracting Parties may be used by third countries only if the indication of the country of origin is given in a manner excluding the risk of confusion between the origin and the nature of the products imported.

1. If the names and designations protected under this Agreement are to be used in commercial or industrial activities contrary to those provisions for products or goods or their packaging or on accounts, transport documents or other commercial documents or in advertising, such use shall be suppressed under the Agreement by any judicial or administrative means which, under the laws of the Contracting Party in which protection is applied, are to be taken into account for combating unfair competition or for suppressing inadmissible indications.

2. The provisions of this Article shall also apply where such names or marks are used either in translation or in transcription or with an indication of actual origin or with a statement as "type," "type," "form," "method," "imitation," "quality" or in a different form, where, despite the difference, there is a likelihood of confusion from the entry into circulation of the goods.

3. It is agreed that the use of those names and designations as species designations must be considered prohibited within the meaning of this Article.

4. The provisions of this Article shall not apply to goods in transit.

1. Article 5 (1) shall also apply where products or goods, their presentation or their external packaging, as well as accounts, transport documents or other commercial documents, or in advertising, are used by marks, marks, names, inscriptions or pictures which contain, directly or indirectly, false or misleading indications of origin, nature, variety or essential characteristics of the products or goods.

2. Where the names or depictions of places, buildings, monuments, rivers, mountains, historical or literary personalities, national costumes, folklore motifs, etc. of one Contracting Party enjoying special repute or special attraction, in the territory of the other Contracting Party in commercial or industrial activities for products or goods not originating in that Contracting Party, are used, they shall be considered to be false or misleading indications of origin, unless, under the circumstances, the name or representation may reasonably be attributed only to descriptive or imaginative significance.

Actions for infringement of this Agreement may be brought before the courts of the Contracting Parties not only by natural and legal persons authorised under the law of the Contracting Parties but also by associations and groups representing, directly or indirectly, the producers, contractors, traders or consumers concerned and having their registered office in one of the Contracting Parties, provided that the laws of the Contracting Party in which they have their registered office entitle them to act in civil matters. They may, under the same conditions, exercise rights or legal remedies in criminal proceedings to the extent provided for by the law of the Contracting Party in which proceedings are held.

Products or goods, packaging, accounts, transport documents and other commercial documents, as well as advertising material which, when this Agreement enters into force in the territory of one of the Contracting Parties and which have been lawfully provided with data which may not be used under this Agreement, may be sold or consumed within one year of the entry into force of this Agreement.

1. Signs registered and valid before 1 January 1980 which are in conflict

(a) with the designations of origin "Porto," "Oporto," "Port," "Portwine" and other translations and "Pilsen," "Pilsner," "Pilsener," "Pils" and other translations protected under this Agreement may continue to be used no later than 2 years after the entry into force of this Agreement;

(b) the indications referred to in Articles 2 and 3 or entered in the lists annexed to this Agreement may continue to be used no later than 4 years after the entry into force of this Agreement.

2. Signs registered and valid before 1 January 1980 and contrary to the markings or pictures referred to in paragraph 2 of Article 6 may continue to be used no later than 4 years after the entry into force of this Agreement.

3. The time limits laid down in paragraphs 1 and 2 of this Article shall also apply to the indications to which this Agreement will apply, on the basis of amendments or additions to the lists annexed to this Agreement, and shall begin on the date on which the amendment or additions enter into force.

1. The Parties agree to establish, in order to achieve the objectives of this Agreement, a Joint Commission composed of representatives of both Contracting Parties, which shall meet whenever one or the other Contracting Party so requests. It will sit alternately in Portugal and Czechoslovakia.

2. The Joint Commission shall be responsible for examining the proposal to amend or extend the lists set out in Annexes A and B to this Agreement, as well as for deciding on matters relating to the implementation of the Agreement and the revision of the Protocol.

The resolution of the Joint Commission must be confirmed by an exchange of notes between the Contracting Parties. Such amendments or additions shall take effect on the date of notification of the other Contracting Party.

3. Each Contracting Party may restrict the list of designations applicable to products or goods originating in its territory by notifying the other Contracting Party without requiring the approval of the other Contracting Party.

4. Where the list of indications relating to products or goods originating in one Contracting Party is amended or extended, Article 8 shall apply with a period of one year beginning to run from the date on which the other Contracting Party notifies amendment or addition.

1. This Agreement shall not preclude wider protection which is granted in the Contracting Parties under national law or other international agreements under the terms of this Agreement.

2. The provisions of this Agreement do not create any change in the protection applicable to designations of origin which, at the date of entry into force of this Agreement, enjoy protection in the territories of the two Contracting Parties for the products or goods of the Contracting Party concerned under the Lisbon Agreement on the protection of designations of origin and their international registration.

The Office for inventions and discoveries of Czechoslovakia and the National Institute of Industrial Property of Portugal will be in regular contact with the proposals submitted to the Joint Commission as well as with all the problems relating to the implementation of this Agreement.

The Parties shall endeavour to settle, through diplomatic channels, all cases of breach of this Agreement which they shall know about.

1. This Agreement shall enter into force 30 days after the date of exchange of notes confirming that the constitutional provisions have been complied with by both Contracting Parties.

2. The Agreement shall remain in force for an unlimited period, but may be terminated in writing at any time by any Contracting Party within a notice period of at least one year.

Done at Lisbon, 10 January 1986, in two original copies, in French.

For the Government

Czechoslovak Socialist Republic:

Milan Mlchoušek v. r.

For the Government

The Portuguese Republic:

Pedro José Rodrigues Pires de Miranda v. r.

PROTOCOL

Contracting Parties

Desiring to specify the application of certain provisions of the Agreement on the protection of data on origin, designations of origin and other geographical and similar indications, the following provisions, which form an integral part of the Agreement, have been agreed:

1. This Agreement shall be without prejudice to the provisions governing the import of products or goods in each of the Contracting Parties.

2. The protection conferred by the marks protected under Articles 2 and 3 (1) shall also apply to the grammatical derivatives of those marks, in particular if they are additional or substantial names.

3. The corresponding Latin terms shall be considered as translations of the designations protected under Articles 2 and 3 of the Agreement.

4. The inclusion of the designation "Portugal" in Article 3 (1) of the Agreement shall not preclude the use in the territory of the Czechoslovak Socialist Republic of the designation of the wine variety "Blue Portugal" (Portugal Blau) as a designation of the variety for the identification of the wine and a reference to the origin of the product. The inclusion of the designation "Vinho Verde 'in Annex B to this Agreement does not preclude the use in the Czech language of the designation in the territory of the Czechoslovak Socialist Republic of the wine variety" Veltliner Green' (Grüner Weltliner) and "Sylvaner Green '(Grüner Sylvaner).

5. The historical names of each of the countries in the Czechoslovak Socialist Republic referred to in Article 2 (1) of the Agreement are Bohemia, Moravia, Slovakia.

6. The names of the territories and regions referred to in Article 2 (1) of the Agreement shall be:

Central Bohemian

South Bohemian

Western

North Bohemian

East Bohemian

South Moravian

North Moravian

Prague

Bratislava

West Slovak

Mediterranean

East Slovak

7. The names of the territories and regions referred to in Article 3 (1) of the Agreement shall be as follows:

Territory:

Açores

Algarve

Alto Alentejo

Alto Douro

Baixo Alentejo

Beira Alta

Beira Litoral

Douro Litoral

Estremadura (Portugal)

Madeira

Minho

Ribatejo

Tràs-os- Montes

Shields:

Angra- do-Heroismo

Aveiro

Beja

Braga

Braganca

Castelo Branco

Coimbra

Evora

Faro

Funchal

Guarda

Horta

Leuria

Lisboa

Ponta Delgada

Portalegre

Porto

Santar

Setubal

Viana do Castelo

Villa Real

Viseu

PŘÍLOHA A

ANNEX A

LIST

Czechoslovak data on origin, designations of origin and other geographical indications

1. Wine

Blatnik horned

Bohemia

Bovine

Château Bzenec

Château Radyna

South Moravian grape

Shallots

Mikulov romance

White pelagic

Pavlovice Fire

Prague Selection

Slovak ruby

Valtic castle wine

Znojemský Bacchus

Joke wine

Bratislava Castle

Bratislava grape

Cassovia

Charo Zemplina

Black

The Ipežské cláomstvo

Južnoslovenský výber

Kosice Treasure

Limbashi silvana

Malocarpathian gold

Blue Harmony

Blue gold pearl

Royal

Blue stone crystal

Common nitrianske

Nitrian book

Nitria

Oresan red

Pezinocky monastery

Rachianska

Rock ruby

Slovak Króno

Svätoyura fly maker

Slate

Tokajská z czechoslovenskaya tokajskej oblast

Tokajské výbery z czechoslovenskej tokajskej oblast

Zobor gold

Vinean scarecrow

Posonium

Racian Choice

2. Bakery and pastry products

Franz-spa wafers

Karlovy Vary wafers

Karlovy Vary cracker

Mariánské-spa wafers

Pardubice gingerbread

Citation	Decree of the Minister for Foreign Affairs No. 63 / 1987 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the protection of data on origin, designations of origin and other geographical and similar indications
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	01.07.1987
Effective from	07.03.1987
Effective until	-
Status	Valid

Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the protection of data on origin, designations of origin and other geographical and similar indications

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PŘÍLOHA A

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