The appellation of origin (AO) is a designation that constitutes or contains a (contemporary or historical, formal or informal, full or abbreviated) geographic name (country, settlement, etc.), and a designation derived from this name and became known as a result of its use in relation to goods with special properties exclusively or mainly determined by natural conditions and (or) human factors characteristic of the geographic location (Art. 1516 of the Civil Code of the Russian Federation).
Thus, a designation may be registered as an appellation of origin, if it meets the following criteria:
● It constitutes or contains the geographic name or is derived from it;
● The geographic location being the place of origin of goods has the natural conditions and/or human factors determining the specific properties of products;
● Only the manufacturer of such products may claim the exclusive right to the appellation of origin.
Appellations of origin have traditionally represented the smallest share of intellectual property, but at the same time we well know the vast majority of them.
These include, inter alia, the following: Khokhloma Painting, Gzhel, Orenburg shawl, Tula gingerbread, Adygei cheese, Vologda butter, Russian vodka, Narzan, Tequila.
It follows that such designations as Nizhny Novgorod bread, Gorodets optics, Siberian dumplings, Arzamas cake will not be protected as appellations of origin, although they include geographic names. Geographic names in the these designations may indicate location of the manufacturer or place of production of goods, but the goods themselves will not have specific properties developed under the influence of existing environmental conditions or production traditions in this area.
Appellations of origin are registered by the Federal Service for Intellectual Property (Rospatent).
In general, the AO registration process includes the following steps:
● Examination as to form of application;
● Examination of the designation claimed as AO;
● Resolution on the application.
A distinctive feature of the AO registration process is a required opinion of the federal executive body authorized by the Government of the Russian Federation that the applicant makes a product with actually special properties within the boundaries of a particular geographical location.
If Rospatent decides to register a designation as an appellation of origin, the right holder receives the Certificate confirming its exclusive right to the registered appellation of origin within the meaning of Article 1516 of the Civil Code of the Russian Federation.
Unlike trademarks, appellations of origin are not licenced to third parties or alienated.
The exclusive AO right is valid for 10 years and may be repeatedly extended for the same term.
What you need to do to initiate the appellation of origin registration process?
To initiate the registration process, you may choose to:
● Tell us that you want to exercise exclusive rights to the appellation of origin by calling or emailing us or through the online form on our website;
● Request a callback on our website and discuss all issues on registration of the appellation of origin with our expert;
● Contract us to provide a range of services related to registration of appellation of origin of the goods or proceed to registration under the existing contract.
Our experts will advise on issues related to appellations of origin, from registration to protection of the rights.
We guarantee the strict confidentiality of all materials and information available to us!
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