14
Tue, Jul
68 New Articles

Russia Introduces Protection of Geographical Indications

Russia Introduces Protection of Geographical Indications

Russia
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

As of 27 July 2020, geographical indications on products will be protected in Russia. It will be possible to register them with the Federal Service for Intellectual Property (Rospatent). These changes are the result of the entry into force of recent amendments to the Russian Civil Code.

A geographical indication is a sign used on a product that refers to its specific geographical origin and the particular qualities and reputation it possesses due to this geographical origin.

Geographically related designations are already protected in Russia as appellations of origin of goods. This regime will continue to exist, but geographical indication rights will be easier and faster to obtain than appellations-of-origin rights, especially for foreign producers, for the following reasons:

  • The key difference between a geographical indication and an appellation of origin is: to register a geographical indication, it is sufficient for the applicant to prove that at least one important stage of the product manufacturing process (i.e. a stage that has a significant impact on the product’s particular qualities) takes place at a certain geographical location while, for an appellation of origin, all stages must be carried out in the relevant geographical territory.

  • When applying for the registration of an appellation of origin, the applicant must submit the report of a competent authority or organisation confirming compliance with product-manufacturing requirements. No such requirement exists for registration of a geographical indication, which should simplify the registration process.

  • Foreign producers may register their geographical indications in Russia if an indication is duly registered in the country of the product’s origin either as a geographical indication or a geographically related designation. In this case, the producers will have to file a relevant registration certificate and accompanying documents with Rospatent.

Protection of a geographical indication will be granted for ten years from the filing date. This period can be extended for an unlimited number of ten-year periods provided that, upon renewal, the right holder submits a document confirming that it still manufactures the product for a Russian geographical indication or, for a foreign geographical indication, that it is still protected outside of Russia.

Both domestic and foreign producers are expected to favour the newly introduced regime of geographical indications and many will likely apply for registration with Rospatent, which will provide them with an additional tool for preventing the sale of products that mislead consumers about place of origin.

By Anton Bankovskiy, Partner, Irina Shurmina, Senior Associate, and Ksenia Danshina, Associate, CMS

 

Russian Knowledge Partner

Founded in 1993, Egorov Puginsky Afanasiev & Partners is the leading full-service law firm in the CIS with offices in Russia, Ukraine and Belarus and associated offices in the UK, the USA and Cyprus.

We advise its clients in many areas of law, including: dispute resolution in Russia and abroad, corporate law, M&A, antitrust issues, project finance and PPP, restructurings and insolvencies, energy and natural resources, property management and privatization, environment, technical regulation and industrial safety, banking and finance, intellectual property, criminal law, real estate and construction, taxation, family and labour disputes, marine and transport law, and international trade and customs.

We combine high academic qualifications, internationally acknowledged moral and ethical values, senior partners' professional experience and practical abilities with the vigour and knowledge of younger attorneys that enables thus providing clients with reliable, first-class service according to both Russian and western standards through a flexible structure.

All News about, and Legal Analysis by, Egorov Puginsky Afanasiev & Partners can be found here.

Firm's website: www.epam.ru

 

Our Latest Issue