Zakon o potvrđivanju Ženevskog akta Lisabonskog aranžmana o imenima porekla i geografskim oznakama

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Član Article 13 Zakon o potvrđivanju Ženevskog akta Lisabonskog aranžmana o imenima porekla i geografskim oznakama – Safeguards in Respect of Other Rights

Article13

Safeguards in Respect of Other Rights

1)
[Prior Trademark Rights] The provisions of this Act shall not prejudice a prior trademark applied for or registered in good faith, or acquired through use in good faith, in a Contracting Party. Where the law of a Contracting Party provides a limited exception to the rights conferred by a trademark to the effect that such a prior trademark in certain circumstances may not entitle its owner to prevent a registered appellation of origin or geographical indication from being granted protection or used in that Contracting Party, protection of the registered appellation of origin or geographical indication shall not limit the rights conferred by that trademark in any other way.
(2)
[Personal Name Used in Business] The provisions of this Act shall not prejudice the right of any person to use, in the course of trade, that person’s name or the name
1 Agreed Statement concerning (2): For the purposes of this Act, it is understood that where certain elements of the denomination or indication constituting the appellation of origin or geographical indication have a generic character in the Contracting Party of Origin, their protection under this paragraph shall not be required in the other Contracting Parties. For greater certainty, a refusal or invalidation of a trademark, or a finding of infringement, in the Contracting Parties under the terms of cannot be based on the component that has a generic character. 2 Agreed Statement concerning : For the purposes of this Act, it is understood that is without prejudice to the application of the provisions of this Act concerning prior use, as, prior to international registration, the denomination or indication constituting the appellation of origin or geographical indication may already, in whole or in part, be generic in a Contracting Party other than the Contracting Party of Origin, for example, because the denomination or indication, or part of it, is identical with a term customary in common language as the common name of a good or service in such Contracting Party, or is identical with the customary name of a grape variety in such Contracting Party. of that person’s predecessor in business, except where such name is used in such a manner as to mislead the public.
3)
[Rights Based on a Plant Variety or Animal Breed Denomination] The provisions of this Act shall not prejudice the right of any person to use a plant variety or animal breed denomination in the course of trade, except where such plant variety or animal breed denomination is used in such a manner as to mislead the public.
(4)
[Safeguards in the Case of Notification of Withdrawal of Refusal or a Grant of Protection] Where a Contracting Party that has refused the effects of an international registration under on the ground of use under a prior trademark or other right, as referred to in this Article, notifies the withdrawal of that refusal under or a grant of protection under , the resulting protection of the appellation of origin or geographical indication shall not prejudice that right or its use, unless the protection was granted following the cancellation, non-renewal, revocation or invalidation of the right.