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Stabilisation and Association Agreement - Official Documents

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644<br />

ARTICLE 7<br />

Protection of Traditional Expressions<br />

1. In Bosnia <strong>and</strong> Herzegovina, the traditional expressions for the Community<br />

listed in Appendix 2:<br />

(a) shall not be used for the description or presentation of wine originating<br />

in Bosnia <strong>and</strong> Herzegovina; <strong>and</strong><br />

(b) may not be used for the description or presentation of wine originating<br />

in the Community otherwise than in relation to the wines of the origin<br />

<strong>and</strong> the category <strong>and</strong> in the language as listed in Appendix 2 <strong>and</strong> under<br />

the conditions provided for by the laws <strong>and</strong> regulations of the<br />

Community.<br />

2. Bosnia <strong>and</strong> Herzegovina shall take the measures necessary, in accordance<br />

with the <strong>Agreement</strong> in this Annex, for the protection of the traditional expressions<br />

referred to in Article 4 <strong>and</strong> used for the description <strong>and</strong> presentation of wines<br />

originating in the territory of the Community. To that end, Bosnia <strong>and</strong><br />

Herzegovina shall provide appropriate legal means to ensure an effective protection<br />

<strong>and</strong> prevent traditional expressions from being used to describe wine not entitled to<br />

those traditional expressions, even where the traditional expressions used are<br />

accompanied by expressions such as "kind", "type", "style", "imitation", "method"<br />

or the like.<br />

3. The protection of a traditional expression shall apply only:<br />

(a) to the language or languages in which it appear(s) in Appendix 2 <strong>and</strong><br />

not in translation; <strong>and</strong><br />

(b) for a category of product in relation to which it is protected for the<br />

Community as set out in Appendix 2.<br />

ARTICLE 8<br />

Trademarks<br />

1. The responsible offices of the Parties shall refuse the registration of a<br />

trademark for a wine, spirit drink or aromatised wine which is identical with, or<br />

similar to, or contains or consists of a reference to a geographical indication<br />

protected under Article 4 with respect to such wine, spirit drink or aromatised wine<br />

not having this origin <strong>and</strong> not complying with the relevant rules governing its use.<br />

2. The responsible offices of the Parties shall refuse the registration of a<br />

trademark for a wine which contains or consists of a traditional expression<br />

protected under the <strong>Agreement</strong> in this Annex if the wine in question is not one to

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