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This Law sets out the principles for the legal protection of geographical indications in Ukraine and regulates relations arising in connection with registration, use and protection thereof. The special aspects of preparation for registration, use and protection of geographical indications regarding agricultural products (agricultural goods), foodstuffs, wines, flavored wine products, alcoholic beverages, as well as control over such geographical indications shall be determined by other laws. Geographical indication shall be intended the appellation of origin that identifies a product originating from a particular geographical place and having special quality, reputation or other characteristics stemming mainly from this geographical place of origin, provided that at least one of the stages of production (manufacture (extraction) and/or processing and/or preparation) takes place in a certain geographical area. Powers of the National Intellectual Property Authority (NIPA) in the field of protection of rights to geographical indications shall be as follows: (a) receipt of applications, their expert appraisal, decision-making on them; (b) state registration of geographical indications; (c) publication of official information about geographical indications in the Bulletin, maintenance of the Register, entering information into it, providing extracts and excerpts in electronic and (or) paper format; (d) international cooperation in the field of legal protection of intellectual property and representation of Ukraine s interests in the protection of rights to geographical indications at the World Intellectual Property Organization and international organizations in accordance with the law; (e) training, performance review and registration of representatives in intellectual property cases (patent attorneys); (f) maintenance of the State Register of Representatives in Intellectual Property Cases (patent attorneys); and (g) informing and giving explanations on implementation of the state policy in the field of protection of rights to geographical indications. Legal protection of a geographical indication shall be valid for indefinite term, except for cases of early termination of the registration of a geographical indication. The scope of legal protection of a geographical indication shall be determined by the product s characteristics and the boundaries of the geographical appellation of its origin stated in the Register. Legal protection shall be provided to a geographical indication fully or partially homonymous with a geographical indication registered in Ukraine given its local and traditional use in good faith and if this use excludes the possibility of confusing or misleading consumers regarding the product s actual origin. Homonymous geographical indications may be registered if there is a difference during the use between this indication and a previously registered geographical indication without giving preference to a certain manufacturer and provided any possibility of misleading of consumers is avoided. A homonymous indication correctly indicating the geographical place of the product s manufacture but giving the misleading impression in consumers that the product was made in another geographical place shall not be registered. The product specification shall contain the following information: (a) the name declared for registration as the name of the product s appellation of origin or geographical indication, in the form and language used during the sale of the product or the language historically used to mark the product in the relevant geographical territory; (b) name and description of the product, including (if appropriate) information on raw materials and key characteristics of the product (physical, chemical, microbiological or organoleptic characteristics of the product etc.); (c) boundaries of a geographical place where the product is manufactured and, if appropriate, territory where raw materials are produced, if it is bigger than or different from the territory where the product is manufactured; (d) description of the product manufacturing methods, including specific conditions and unvarying local methods of product s manufacture (if any), as well as packaging information if the applicant decides and justifies that the product must be packaged in a designated geographical place to preserve its quality, or to guarantee the product s authenticity, or to ensure control; (e) information about relation of the product s specific quality or other characteristics to geographical environment; and f) special product marking rules (if any).
Title:
Law No. 752-XIV On Legal Protection of Geographical Indications.
Country:
Ukraine
Type of document:
Legislation
Data source:
Files:
Repealed:
No