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Act (2018:1654) on the Protection of Indications for Agricultural Products and Foodstuff

 Act on the Protection of Indications for Agricultural Products and Foodstuff (2018:1654)

Unofficial translation

Act on the Protection of Indications for Agricultural Products and Foodstuff

(Swedish Statute book, SFS 2018:1654)

Indications protected under EU Regulations

Article 1. The provisions in Chapter 8, Articles 3 to 8, Chapter 9 and Chapter 10, Article 9, of the Trademark Act (2010:1877) shall apply to infringements of the right to an indication that follows from

1. Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation and labelling of, and the protection of geographical indications for, spirit drinks, and repealing Council Regulation (EEC) No 1576/89 in the original wording,

2. Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuff, in the original wording,

3. Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing the Regulations of the Council (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, in the original wording, or

4. Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation and labelling of, and the protection of geographical indications for, aromatised wine products and repealing Council Regulation (EEC) No 1601/91, in the original wording.

Indications protected under international agreements

Article 2. The provisions in Chapter 8, Articles 3 to 8, Chapter 9 and Chapter 10, Article 9, of the Trademark Act (2010:1877) shall also apply to infringements of the right to an indication that follows from

1. The Free Trade Agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other hand, of 6 October 2010,

2. The Trade Agreement between the European Union and its Member States, on the one hand, and Colombia, Peru and Ecuador, on the other hand, of 26 June 2012,

3. The Agreement on the Establishment of an association between the European Union and its Member States, on the one hand, and Central America, on the other hand, of 29 June 2012,

4. The Association Agreement between the European Union and its Member States, on the one hand, and Ukraine, on the other hand, of 27 June 2014,

5. The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, on the one hand, and the Republic of Moldova, on the other hand, of 27 June 2014,

6. The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, on the one hand, and Georgia, on the other hand, of 27 June 2014, or

7. The Comprehensive Economic and Trade Agreement (CETA) between Canada, on the one hand, and the European Union and its Member States, on the other hand, of 30 October 2016.

Competent Court

Article 3. The Patent and Market Court is the competent Court in cases and matters pursuant to this Act if they shall not be processed pursuant to the Act (1974:371) on legal proceedings in labour disputes.

The provisions in the Code of Judicial Procedure relating to limitations of the competence of a Court in disputes which shall be processed otherwise than before a Court shall not apply to claims for orders to provide information or for an infringement investigation under Chapter 9 of the Trademark Act (2010:1877).

1. This Act enters into force on January 1, 2019. 2. The Act applies also to indications which have been protected before the entry

into force, unless otherwise follows from 3. 3. Th provisions in Article 2 relating to the reference to Chapter 8, Articles 4 to 6,

and 8, of the Trademark Act do not apply to infringements, attempts to infringements or preparations to commit an infringement which have taken place before the entry into force.