Patent and Trademark Attorneys

New Russian Federation Law Introduces the Legal Status of Geographical Indications

July 28, 2020

New Russian Federation Law adopted on July 3 determines the legal status of geographical indication as an independent object of intellectual property rights.

According to the Law, a geographical indication identifies the goods originated from the territory of the geographical object, which quality, reputation and other characteristics are significantly connected with their geographical origin. Such geographical indication can obtain the legal protection on condition that the goods undergo at least one of the production stages on the territory of the subject geographical object.

If the designation is filed for registration as an appellation of origin, that is modern, historical, official or non-official, full or short name of a country, city, town or rural district, or any other geographical object that includes such name or its derivative and that became famous due to its usage, and the special qualities of which are exclusively determined by the natural conditions of the subject geographical object and (or) human factors, the goods should undergo all the production stages having impact on its special qualities on this territory.

The validity period of these objects is ten years from the date of filing an application for a geographical indication or appellation of origin. The validity term can be renewed for the period of ten years unlimited number of times. The request for renewal should be filed to the intellectual property office during the last year of the validity period.

Meanwhile, for such renewal the retention of the corresponding characteristics of goods is an important factor. Otherwise, if, for example, the goods do not possess former qualities anymore or their production was closed down without a possibility to revive it, such renewal is not possible.

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