In order to successfully register a geographical indication (GI) and appellation of origin (AO) and obtain a certificate, it is necessary to submit a complete package of correctly executed documents to Rospatent. The information submitted in the documents for registration of GI and NMPT, despite the similarity in some points, still has differences that are important to take into account.

So, for example, among the documents for granting an exclusive right to a GI and/or NMPT, or to previously registered designations, it is necessary to submit an application for their state registration and grant of an exclusive right indicating the applicant(s), his/her place of residence or location, as well as the applied designations.

In both cases, it is important to indicate the product in respect of which state registration of a GI or NMPT and the granting of an exclusive right to them or only the granting of an exclusive right to previously registered designations is requested. In both cases, it is necessary to indicate the place of origin (production) of the product, describe the method of its production, and provide information about the conditions of its storage and transportation if they have a significant impact on the formation and preservation of the characteristics of the product.

The similarity in the execution of documents for both designations is that in both cases it is necessary to provide a list of persons entitled to use the GI and/or NMPT, if the application for them is submitted by an association of persons, and to inform about the conditions for use of the specified designations by persons included in this association.

Also in both cases, information confirming the right to carry out activities to produce goods is indicated, if this is provided for by federal laws.

At the same time, information submitted for the purpose of registering a GI or granting an exclusive right to previously registered designations has its own characteristics, in contrast to that submitted for registration of an appellation of origin.

Thus, if in order to register a GI, information is submitted regarding the connection between the characteristics of a product and its place of origin (production), then in order to register an appellation of origin (production), information containing justification is required that the product in respect of which the application is submitted has special properties in accordance with clause 1 of Article 1516 of the Civil Code of the Russian Federation.

In addition, to register a GI, it is necessary to provide a description of the characteristics of the product, including the source material used for the production of the product, its physical, chemical, microbiological or artistic characteristics, and for ATM, the special properties of the product are described, including the source material used for its production along with the physico-chemical, microbiological and other characteristics of the product.

Also, if in relation to a GI it is necessary to describe the procedure for monitoring compliance with production conditions and maintaining the characteristics of the product in respect of which legal protection is sought, then in order to register an ADP it is necessary to describe the procedure for monitoring compliance with production conditions and maintaining the special properties of the product in respect of which legal protection is sought.

In addition to the above, if for successful registration of a GI it is necessary to provide information confirming that the applicant produces a product that has the appropriate characteristics that are largely related to its geographical origin (in accordance with paragraph 3 of Article 1522 of the Civil Code of the Russian Federation), then for registration of an appellation of origin, documents are required confirming the knowledge of the designation and the conclusion of an authorized body confirming that within the boundaries of a given geographical object the applicant produces a product that meets the necessary requirements.

The list of federal executive authorities authorized to issue opinions provided for by the Civil Code of the Russian Federation is determined by Decree of the Government of the Russian Federation dated August 8, 2020 N 1195 “On federal executive authorities authorized to issue opinions necessary for the state registration of the appellation of origin of goods and the implementation of legally significant actions in relation to the registered appellation of origin of goods, and the recognition as invalid of certain acts of the Government of the Russian Federation.”

Currently, such bodies are:

- Ministry of Health of the Russian Federation - in relation to medicinal mud, medicinal mineral drinking water, medicinal table water and mineral natural table water;

- Ministry of Industry and Trade of the Russian Federation - in relation to goods of folk arts and crafts and musical instruments;

- Ministry of Agriculture of the Russian Federation - in relation to agricultural products and food products, with the exception of mineral drinking medicinal, medicinal table and mineral natural table water, alcoholic and alcohol-containing products;

- Federal Service for Regulation of the Alcohol Market in relation to alcoholic and alcohol-containing products.

If the federal executive body authorized to issue conclusions is not determined, the conclusion can be issued by the executive body of a constituent entity of the Russian Federation or an organization that is authorized by the highest government body of the constituent entity of the Russian Federation on whose territory the geographical object is located, the name of which is declared as an NMPT.