Geographical indications are used mainly to designate agricultural products, food products, wines and spirits, handicrafts and industrial products (Article 1516 of the Civil Code of the Russian Federation). Thanks to the geographical indication, we know the territorial origin of the product and the qualities that are significant to the consumer, which is important when selling it, as well as for promoting regional brands and increasing the competitiveness of goods in the domestic and international markets. For example, when visiting stores, we often see on the packaging of many products an indication of their territorial origin: “Krasnodar tea”, “Bashkir honey”; “Vologda butter”, “Tula gingerbread”, etc.
But, despite the fact that a geographical indication resembles the appellation of origin of a product and has similar legal protection, there are significant differences between them. In this case, the differences are determined by the degree of familiarity, the dependence of the product’s properties on local conditions or, for example, the significance of the stages of production (a stage can be considered significant if in a territory with unique conditions raw materials with quality characteristics characteristic of this territory can be obtained).
For state registration of a geographical indication, there is no need for the product to have special properties. It is enough that the product has characteristics that create associations in the buyer with a certain territory of its origin. Also, an expert’s opinion on the presence of these special properties in a product is not required, and when describing the stages of production that influence the formation of product characteristics, only one of them can be indicated.
After receiving a document of protection for a geographical indication, its owner can use two forms of its protection mark on the label: in the form of verbal designations (“registered geographical indication”, “with protected geographical indication”, “registered GI”) and in the form of an emblem. Please note that it is prohibited to place false information about the place of origin of the product on the label.
Legal protection for a geographical indication is valid for the entire duration of the existence of the ability to produce goods with special properties and terminates when this opportunity disappears and the product cannot have the characteristics specified in the State Register of Indications.
The appellation of origin of a product as an object of intellectual property is assigned to goods whose special properties are solely determined by those characteristic of a given geographical area, as well as natural conditions and human factors (for example, a specific type of soil, humidity and other factors unique to this area that affect the quality of the product). In addition, all stages of product production must take place in this area.
In contrast to a geographical indication, obtaining an appellation of origin of a product requires a conclusion from a government agency and state registration. The methods of its protection correspond to those in case of violation of rights to a trademark (recognition of an exclusive right, compensation for losses, monetary compensation, termination of the activities of an unfair competitor, etc.).
It should be noted that several persons can register the appellation of origin of goods in relation to the same goods produced in the same territory.
Based on the above, the appellation of origin of a product is considered more complex as an object of intellectual property than a geographical indication, and when registering it with Rospatent, it is necessary to indicate all stages of production of the product, which must be tied to a specific territory.
