Article 45
(1) Traditional specialty guaranteed protection shall be acquired through registration within the framework of this Code.
(2) Registrants of the traditional specialty guaranteed and those who are entitled to use the registered traditional specialty guaranteed shall have the right to request the prevention of the following acts of the third parties:
a) Use of the emblem foreseen to be used in line with the Article 46 to benefit from its reputation for products which do not carry the properties specified in the traditional specialty guaranteed register or its commercial use on products resembling the registered product.
b) Deceptive use of the emblem of registered traditional specialty guaranteed.
c) Giving any misleading statements or indications on the product’s inner or outer packaging, promotional and advertising material or on any type of written material related to the product that the product carries the characteristics specified in the register even though the product does not carry the properties specified in traditional specialty guaranteed register and the emblem foreseen to be used in line with the Article 46 for the registered product.
(3) The rights against third parties conferred by the registration of the traditional specialty guaranteed shall enter into force as of its publication date in the Bulletin. However, the applicant shall be entitled to institute legal proceeding for compensation in respect of acts that occurred after the publication of the traditional specialty guaranteed in the Bulletin, where those acts would, after publication of the registration of the geographical indication, be prohibited by virtue of that publication. The court may not decide on the validity of claims raised before the registration is published.
(4) The registered traditional specialty guaranteed shall not confer any exclusive rights to the registrant.
(5) The protection provided to traditional specialty guaranteed under this Code shall not prejudice rights that have been acquired in the scope of other industrial property rights, in particular geographical indications and trademarks.