Translation of "commercialisation ultérieure du produit " (French → English) :

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, pursuant to subsections 2(1) and (2) of the Agricultural Products Marketing Act, is pleased hereby to repeal the New Brunswick Milk Order, made by Order in Council P.C. 1984-3848 of November 29, 1984Footnote , and to make the annexed Order granting authority to the Farm Products Marketing Commission of New Brunswick and the New Brunswick Milk Marketing Board to regulate the marketing in interprovincial and export trade of milk produced in New Brunswick, in substitution therefor.

(3) A proclamation referred to in subsection (1) or (2) that designates a farm product other than tobacco, eggs or poultry or any part of tobacco, eggs or poultry shall not set out as a term of the marketing plan that an agency is empowered to implement any term that would enable the agency to fix and determine the quantity in which any regulated product could be marketed in interprovincial or export trade by persons engaged in the marketing thereof.

If the Senate feels it is necessary to recommend change to this provision, Wildrose wants to be assured that some process is kept in place which allows future changes to commodities marketed by the CWB, and which ensures that producers have a democratic opportunity to decide if such changes should take place.

According to Mr Jääskinen, in such cases the trade mark proprietor is entitled to oppose further commercialisation of the unpackaged goods insofar as the removal of the package impairs the functions of the trade mark of indicating the origin and quality of goods or damages its reputation.

It follows from the principle of free movement of goods that the proprietor of a Community trade mark must not be entitled to prohibit its use by a third party in relation to goods which have been put into circulation in the Community, under the trade mark, by him or with his consent, save where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods.

2. Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.