Все новости от 23 июля 2004 г.

Appellations of Origin

The Law provides the following definition of an appellation of origin - it is the name of a country, locality, region or other geographical area, that serves to designate a product whose particular properties are determined exclusively or essentially by natural conditions or human factors or natural conditions and human factors simultaneously which are characteristic of the geographical area in question. The historical name of a geographical area may constitute an appellation of origin.

Protection of an appellation of origin is awarded on the basis of its registration or under the effect of international treaties to which the Russian Federation is a party.

The right to use a registered appellation of origin may be granted to any legal entity or individual who is located in the same geographical area and manufactures a product having the same properties.

The registration of an appellation of origin has an unlimited term. However, a certificate attesting the right to use the appellation of origin and granted to the Applicant has a term of validity of ten years from the filing date of the application in the Patent Office. The term of validity may be renewed each time by ten years provided that a competent body presents a conclusion confirming that the owner of the certificate is located in the geographical area in question and manufactures a product having the properties specified in the certificate.

The use of an appellation of origin on a product, packaging, in advertising, on prospectuses, bills, blanks and other documents associated with the marketing of the product is deemed to constitute use of the appellation of origin.

Use of registered appellation of origin by persons who are not owners of a certificate is not permissible, even where the true origin of the product is indicated, nor is use of a similar designation for goods of the same type which is liable to mislead consumers as to the place of origin and specific properties of the product. The right to use an appellation of origin covered by a certificate cannot be transferred by license to third parties.

Any person who unlawfully uses a registered appellation of origin is obliged at the request of the owner of the certificate:

• to discontinue the use thereof, to compensate for sustained damages, and to pay into the budged of the local community the balance of the profits derived from the unlawful use of the appellation of origin after provision for the compensation;
• to have the judicial decision published for the purposes of restoration of the business reputation of the injured party;
• to remove the unlawfully used appellation of origin from the product or the packaging thereof, or to destroy manufactured reproductions of the appellation of origin.