Geographical indication and appellation of origin (AP), which are objects of intellectual rights and means of individualization, are usually used by manufacturers of products that have special properties and characteristics due to their geographical origin.
The use of geographical indications and appellations by manufacturers allows not only to reveal the full range of unique characteristics of the product, but also to provide information about the manufacturer, traditions and characteristics of the regions where the product is produced. And their registration in relation to local products allows you to effectively promote and protect regional brands. The right to use designations is reserved exclusively for manufacturers of products in the region that have special properties, qualities, reputation and other characteristics due to their geographical origin.
Despite some similarities, geographical indications and appellations have significant differences.
So, geographical indication
is a designation that identifies a product, its certain quality, reputation and other characteristics that are largely associated with its geographical origin, that is, with a certain territory (for example, “Malitsa” - traditional Nenets clothing, “Shuya soap” - handmade soap).
NMPT
– a designation that may contain a modern or historical, official or unofficial, full or abbreviated name of a country, city, village, or be derived from their name and become known as a result of use in relation to unique goods, the special characteristics of which are determined by the characteristics of natural conditions or human factors (for example, “Vologda lace”, “Orenburg downy shawl”, “Tula gingerbread”, “Vologda butter” and etc.)
In addition, if it is important for the registration of an AP that the designation has become famous as a result of its continued use in relation to a specific product, then its absence for registering a geographical indication and obtaining a certificate is not an obstacle.
An important difference between an AO and a geographical indication is the mandatory implementation and indication in the application of all stages of production of goods on the territory of a geographical object, which have a decisive influence on the formation of their special properties. In the case of a geographical indication, at least one stage of production of the product must take place.
The difference between these two objects of intellectual property is that in order to register an original product, a conclusion from the authorized body is required that the applicant produces the goods within the boundaries of a given geographical object, which meets the requirements of Art. 1516 of the Civil Code of the Russian Federation.
When filing an application for registration of a geographical indication, the applicant independently collects documents from Rospatent confirming that he produces a product that has a certain quality, reputation or other characteristics of the product, which are largely determined by its geographical origin.
In conclusion, I would like to add that the use of geographical indications and appellations of origin is beneficial not only to the manufacturer, since it makes it possible to distinguish its products from competitors’ products and promote the product on the market, and in general, contribute to the development of its business. Their presence is also important for consumers, since it helps them develop a trusting attitude towards the manufacturer and his products.
Regional administrations should also be interested in the use of geographical indications and ATMs, since their use makes it possible to establish a stable associative connection between unique goods and the territory of the region, which creates favorable conditions for attracting investments, promotes the development of small and medium-sized businesses, an increase in the number of new jobs, as well as the development of tourism in their territories.
