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CJEU clarifies âlegitimate interestâ in gherkin case
16-04-2021
09-09-2016
The Court of Justice at the European Union (CJEU) has given its view on what constitutes ‘legitimate interest’ in a protected geographical indication (PGI) modification dispute over German gherkins.
Gherkin producers association Spreewaldverein had filed a request to modify specifications of products under the ‘Spreewälder Gurken’ PGI covering gherkins originating from Spree Forest in Brandenburg, Germany with the German Patent and Trade Mark Office (DPMA).
It had sought to modify the method of manufacture for the gherkins, specifically with the addition of “certain food additives”. The proposal was opposed in 2014 by German food company Hengstenberg.
GermanyHengstenbergNordrhein-westfalenGermanLindner-blaumeierDaniel-terheggenEuropean-unionDmark-officePatent-courtSpree-forestGerman-patentTrademark-office