(Reference for a preliminary ruling– Article99 of the Rules of Procedure of the Court of Justice– Quality schemes for agricultural products and foodstuffs– Regulation (EU) No1151/2012

Law on trade marks and geographical designations

14The Zakon za markite i geografskite oznachenia (Law on trade marks and geographical designations) (DV No81 of 14September 1999), in the version in force at the material time (‘the ZMGO’), provided, in Article51(1) to (3):

‘(1)Geographical designation means a designation of origin and a geographical indication.

(2)The designation of origin is the name of a country, region or particular place of that country, used to describe a product originating in that country, region or particular place, the quality or characteristics of which are essentially or exclusively due to the geographical environment, including natural and human factors.

(3)The geographical indication is the name of a country, region or particular place of that country, used to describe a product originating in that country, region or locality and the quality, reputation or other characteristic of which may be attributed to that geographical origin.’

15Article53(1) and (2) of the ZMGO stated:

‘(1)Legal protection of the geographical designation is granted by registration of that designation to the Patent Office.

(2)Legal protection includes the prohibition of:

1.any commercial use of the geographical designation of products which are comparable to the registered product in so far as such use exploits the reputation of the protected designation;

2.any misuse, imitation of the geographical designation, even if the true origin of the product is indicated or if its use is translated or accompanied by a term such as “style”, “kind”, “type”, “imitation” or similar;

3.any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, whether appearing on inner or outer packaging, advertising material or documents relating to the product concerned, which indication is liable to convey a false impression as to its origin;

4.any other practice liable to mislead the consumer as to the true origin of the product.’

16Under Article76 of the ZMGO:

‘(1)Actions for infringement of rights under this Law may be actions:

1.for a declaration that an infringement has occurred;

2.seeking an injunction prohibiting the infringement;

3.for compensation for the loss suffered;

4.seeking to obtain the seizure and removal from circulation of the goods which are the subject of the offence, and of the means used to commit it.

(2)Concurrently with the action referred to in paragraph1, the applicant may apply to the courts for:

…

3.the publication, at the defendant’s expense, of the operative part of the judgment in two daily newspapers, and during a timezone of a national television broadcaster, determined by the court.’

17The ZMGO was abolished on 22December 2019 (DV No98 of 13December 2019).

Transitional and final provisions of the Law amending and supplementing the ZMGO

18The transitional and final provisions of the Law amending and supplementing the ZMGO (DV No61 of 24July 2018) provide, in Article8 thereof:

‘(1)Holders of rights over geographical designations registered in respect of agricultural products or foodstuffs falling within the scope of Regulation [No1151/2012] may not bring actions in respect of infringements committed up to the entry into force of the present Law.

(2)Proceedings relating to administrative offences may not be initiated for infringements occurring prior to the entry into force of the present Law of rights over geographical designations registered for agricultural products or foodstuffs falling within the scope of Regulation [No1151/2012].’