Appellation of origin is a specific geographical indication used to qualify goods which have special properties due to the environment in which they are produced. These properties can be the result of natural factors, such as characteristics of the soil, the water, the climate, or human factors such as a traditional way of production.
For instance, SARYAGASH is a mineral water, extracted from wells in Saryagash District, in the Turkistan Region of central Kazakhstan and contains specific chemical characteristics which have the reputation to cure illnesses. The famous BORJOMI water, used under the Russian Empire, is also an appellation of origin. This mineral water, extracted from springs in the Borjomi Gorge of central Georgia, is naturally carbonated thanks to a special chemical composition.
In Kazakhstan, the appellation of origin registration’s application should concern only one designation and follow a standard form which must contain the elements listed in Article 29 of the Law On Trademarks, Service Marks and Appellations of Origin, July 26, 1999, (the Law). Pursuant to Article 30 of this Law, an expert organization conducts an examination of the application by checking the compliance of the geographical location with the product, in thirty working days. Based on the results of this examination, experts take the decision to register or to refuse the registration.
In case of refusal, the applicant can file a reasoned objection within three months. The new final decision of the expert organization on refusal may be objected to the Appeal board.
If the registration is accepted and the right to use the appellation of origin is granted, the expert organization shall publish the registration information within two months.
Within five years of the date of this publication, the registration and the right to use the appellation may be contested and cancelled if :
• According to Article 27 of the Law, the name of the geographical location misleads on the place of production of the good or;
• As provided by Article 39 of the Law, the appellation of origin misleads the consumer about a registered trademark.
Pursuant to Article 34. 2) of the Law, the registration lasts ten years from the date of the filing and can be renewed every ten years.
Unlike trademarks, the registered appellation of origin may be possessed by several persons. The product’s parameters are determined by the first applicant and will have to be respected by those wishing to subsequently use it. We can mention LEPSI HONEY, which has healing properties due to the Lepsy region where it is harvested. The herbs, medicinal plants and fruits of this southeastern of Kazakhstan region have a special genetic code. Those wishing to possess LEPSI HONEY appellation have to respect the parameter, which is the use of the plants and fruits of this reserve to product their honey.