Geographical Indications Law in Russia
Russia has developed a comprehensive legal framework for the protection of Geographical Indications (GIs), aligning with international standards and facilitating both domestic and international recognition of products linked to specific regions.
🇷🇺 Legal Framework for Geographical Indications in Russia
1. Introduction of Geographical Indications
On July 27, 2020, Russia enacted Federal Law No. 230-FZ, introducing the concept of Geographical Indications into its legal system. This law complements the existing protection for Appellations of Origin (AOs), offering a more flexible approach to safeguarding regional product names
2. Definitions
Geographical Indication (GI): A designation identifying a product as originating from a specific geographical area, where a particular quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Appellation of Origin (AO): A designation for products whose qualities and characteristics are exclusively or essentially due to the geographical environment, including natural and human factors, with all production stages occurring within the defined area.
3. Registration Process
Competent Authority: The Federal Service for Intellectual Property (Rospatent) is responsible for the registration and protection of GIs and AOs in Russia.
Application Requirements: Applicants must provide:
A description of the product and its specific characteristics linked to the geographical origin.
Evidence that at least one significant stage of production occurs in the specified geographical area.
Documentation confirming the product's reputation or quality associated with its origin.
Opposition Procedure: Once an application is published, third parties have three months to file an opposition against the registration
4. Rights and Enforcement
Exclusive Rights: Registered GIs grant exclusive rights to use the designation to producers within the specified geographical area who meet the established criteria.
Duration of Protection: The protection is granted for ten years from the filing date and can be renewed indefinitely for subsequent ten-year periods, provided the conditions for protection continue to be met .
Enforcement: Unauthorized use of a registered GI is prohibited and subject to legal action, including administrative and judicial remedies.
5. International Protection
Geneva Act of the Lisbon Agreement: Russia acceded to the Geneva Act on December 30, 2021, enhancing the international protection of its GIs and AOs. This accession allows Russian producers to register their GIs internationally through a single application and fee, and enables foreign GIs to gain protection in Russia
Requirements for Foreign Applicants: Foreign producers can register their GIs in Russia if the designation is protected in their country of origin and meets Russian legislative requirements, such as not being generic or misleading
🛡️ Enforcement and Oversight
Rospatent oversees the examination, registration, and maintenance of GIs and AOs. It also handles oppositions and ensures compliance with the legal requirements for protection.
RELATED Blog
0 comments