Geographical indication has become a new subject matter protectable in Russia from 27 July 2020 along with the appellation of origin. These IP objects are designed to individualize goods, which characteristics are closely related to their geographical origin.
The law gives the following definitions of these objects (clause 1 of Article 1516 of the Civil Code of Russia). Geographical indication is a designation that identifies goods originating from the geographic location, provided its quality, reputation, or other characteristics which are largely related to their geographic origin. Appellation of origin of goods is a designation that is a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or any other geographical location, which incorporates such a name or derivative thereof and has become known as a result of its use in relation to the goods, the special properties of which are exclusively determined by the environmental conditions and (or) human factors peculiar to this geographical location.
Along with the introduction of the new IP object, the following most significant novelties on this IP may be noted:
- Expansion of the list of persons who are entitled to to register geographical indications and appellations of origin of goods (Clause 1 of Article 1518 of the Civil Code). Geographical indications and appellations of origin of goods may be registered by one or more individuals or one or more legal entities as well as by an association (union) or any other body of persons;
- Detailing of conditions for registration in Russia for geographical indications and appellations of origin that have protection outside Russia ((Clause 2 of Article 1517 of the Civil Code):
- Registration of the designation, which makes it possible to identify the goods originating from the geographical location in a foreign country, as a geographical indication is allowed if this designation is protected as a geographical indication or any other means of individualization of goods in the country of origin of the goods, provided that it complies with the requirements of Article 1516 of the Civil Code. Only a person whose right to a geographical indication or any other means of individualization of goods is protected in the country of origin of the goods is entitled to be the holder of the exclusive right to such a geographical indication;
- Registration of a name of a geographical location in a foreign country as an appellation of origin of goods is allowed if the name of that geographical location is protected as an appellation of origin of goods in the country of origin of the goods. Only a person whose right to an appellation of origin of goods is protected in the country of origin of goods is entitled to be the holder of the exclusive right to such an appellation of origin of goods;
- Conversion of geographical indications and appellations of origin of goods (Clause 3 of Article 1522.1 of the Civil Code). An appellation of origin of goods and an application for an appellation of origin of goods may be converted into a geographical indication and an application for a geographical indication, accordingly, and vice versa, subject to the requirements of the Civil Code. Procedure for such conversion is established by the federal executive authority responsible for legal regulation in the field of intellectual property.
The same legal regime applies to protection of geographical indications and appellations of origin of goods, including validity period of the exclusive right to these intellectual property objects (10 years from the filing date of the application for a geographical indication / an appellation of origin of goods with its possible extension at the request of the right holder).
The law sets less stringent conditions for registration of a geographical indication than those that apply to an appellation of origin of goods. Besides that, there are other differences between geographical indications and appellations of origin of goods, which analysis makes it possible to better understand the legal peculiarities of these intellectual property objects. We will indicate only some of them.
Another important difference is a set of documents required to file an application for a geographical indication or an application for an appellation of origin of goods with Rospatent (Federal Service for Intellectual Property). What are these documents and what should the manufacturers of goods having special connection to their geographical origin do to obtain exclusive right to the use of a geographical indication or an appellation of origin of goods in relation to such goods in Russia? The qualified specialists from our firm, who have large experience in lega protection of IP in Russia and abroad, will help you find answers to these or any other questions related to geographical indications and appellations of origin of goods.
