The right to registration of a geographical indication
An association of persons who produce goods in the specified geographical location and/or extract and/or process raw materials for goods, the special quality, reputation or other characteristics of which are derived from this geographical location, have a right to state registration of a geographical indication.
For this purpose an association of persons shall mean any set of persons regardless of its organisational and legal form or composition.
One individual or legal entity has a right to register a geographical indication if:
they are the only manufacturer which manufactures the product and/or produces and/or processes raw materials for the product in this geographical place and wishes to submit an application for registration of a geographical indication;
the geographical territory where the product is manufactured (extracted) and/or processed and/or prepared has characteristics that are significantly different from the adjacent territories, or the product’s characteristics are different from products made in the adjacent territories.
An application for registration of a geographical indication
An application for registration of a geographical indication shall be submitted to NIPO by a person or association of persons who have the right to registration of a geographical indication.
The application can be submitted in paper or electronic form. The applicant shall choose the method of submitting the application. The application shall relate to one indication of goods origin only. Upon instruction of the applicant, the application may be submitted via an intellectual property agent or another agent.
An application shall be drafted in Ukrainian and shall contain:
1) an application for registration of a geographical indication (an appellation of the goods origin) with an indication of the applicant’s (applicants’) name(s), address(es) and the specially authorised bodies which check the product’s compliance with the product specification.
2) the product’s specification;
3) a single document:
key aspects of the product specification: the declared name, the product description, including, if appropriate, special rules for product’s packaging and marking, as well as brief description of the boundaries of the geographical place where the product is manufactured and/or processed;
description of the product’s relation to geographical environment or geographical place of the product’s origin, including special aspects of the product’s description or manufacturing methods confirming such relation.
For registration of a geographical indication the product for which this indication is declared shall meet the product specification approved by the specially authorised body.
The product specification shall contain the following information:
- the name declared for registration as the name of the product’s appellation of origin or geographical indication, in the form and language used during the sale of the product or the language historically used to mark the product in the relevant geographical territory;
- name and description of the product, including (if appropriate) information on raw materials and key characteristics of the product (physical, chemical, microbiological or organoleptic characteristics of the product etc.);
- boundaries of a geographical place where the product is manufactured and, if appropriate, territory where raw materials are produced, if it is bigger than or different from the territory where the product is manufactured;
- description of the product manufacturing methods, including specific conditions and unvarying local methods of product’s manufacture (if any), as well as packaging information if the applicant decides and justifies that the product must be packaged in a designated geographical place to preserve its quality, or to guarantee the product’s authenticity, or to ensure control;
- information about relation of the product’s specific quality or other characteristics to geographical environment or relation of the product’s special quality, reputation or other characteristics of the product to its geographical place of origin;
- special product marking rules (if any).
Special requirements to specifications for agricultural products (agricultural goods), food, wines, flavoured wine products, alcoholic beverages may be defined by other laws. The requirements to specifications and to procedures on their approval shall be approved by specially authorised bodies.
Rights deriving from the registration of a geographical indication
Rights deriving from the registration of a geographical indication shall take effect from the date of registration of a geographical indication.
Registration of a geographical indication shall entitle the persons, who have the right to registration of a geographical indication:
- use a geographical indication;
- take measures to prohibit the use of a geographical indication by persons who do not have the right to do so;
- carry out activities to ensure compliance of the goods for which the geographical indication is registered, with the specification of the goods approved by the specially authorised body;
- spread information and carry out other activities aimed at informing consumers about the special qualities of the product for which the geographical indication is registered;
- other rights defined by the legislation on legal protection of geographical indications.
The use of a registered geographical indication shall be considered:
- its application to the product or to the label;
- its application to the package of the goods, its use in the advertisement;
records on letterheads, invoices and other documents accompanying the goods.