Geographical indications in Russia
Geographical indications (GI) are a relatively new intellectual property right for the Russian Federation. It became possible to register a GI in Russia from July 27, 2020.
Definition
Geographical indication is a means of individualization designed to label goods that are consistently associated with a particular region. A GI contains the name of
a) a geographical location or
b) a geographical location and a product or a number.
It applies to products originating from a locality with which their characteristics are associated to a large degree.
The characteristics of the good in this case may include:
- certain qualities of the product itself (taste, healing properties, decoration style);
- reputation acquired as a result of long-term use (consumption) of the products (especially outside the “home” region).
An important condition for the registration of a geographical indication and the recognition of the exclusive right to it is the implementation of at least one stage of production of goods on the territory of the geographical object.
In terms of legal protection, a GI closely resembles another IP right protected in Russia – Appellations of origin of goods.
Registration of rights
A GI can be registered by one or several legal or natural persons. The persons who have registered a geographical indication enjoy an exclusive right attested by a certificate. The holders of an exclusive right can use the GI for marking their goods, but are not entitled to dispose of the right in any way. A license agreement cannot be signed for a GI.
After a GI has been registered, any person producing goods on the territory of the same locality can apply for an exclusive right provided that their products correspond to conditions set in the state register.
Terms of protection
A geographical indication is protected during the entire period in which the possibility to produce goods with specific properties determined by the characteristics of the corresponding locality still exists.
The exclusive right for a GI expires 10 years after the application was filed and can be extended for the next 10 years.
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Protection in Russia can be given to foreign designations that have a similar regime of protection in the respective countries.
Our attorneys and lawyers will help you in registering a GI, in obtaining the exclusive right to a valid GI, as well as in representing your interests in any disputes related to geographical indications.
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