Regulation on the protection of geographic indications and designations of origin for products and/or services
This Law regulates the relations formed in connection with registration, protection and use of product (services) appellations of origin and geographical indications.
The protection refers to all types of products which owe their specific properties or peculiarities to the geographic environment including natural conditions or production traditions of a given country, or region whose geographic name is the appellation of origin for the product.
The designation of the product with the place of origin takes its tradition in the far past. This can be explained by the natural desire of the producer to indicate the especial features and quality conditioned by the specific geographical disposition. Here must be marked, that the high quality and reputation of such products, on the one hand, and non-existence of special laws in the conditions of developing the production and widening the trade relations scale, on the other hand, resulted in uncontrolled use of the well-known names in various countries of the world.
The appellation of origin and geographical indication, as well as the trade mark, are used to designate the product, but they by their essence are completely different objects.
If the trade mark is a property of a natural person or a legal entity and the regulation of the relations is prerogative of the private law, the instructions of recognition and use of the appellations of origin and geographical indications relate to the public law sphere.
As an appellations of origin and geographical indication shall not be registered the names, which have become the generic names and which is likely to mislead the consumer as to its origin, contradicts to the national dignity, religion and traditions, public morality and order.
The right to use a geographical indication, obtained by registration, shall belong to the members of the association entered on the list communicated to the Intellectual Property Office. The right to use a geographical indication may not be transferred.