What is a geographical indication?
use of geographical indications is an important way of indicating the origin of goods and services . One of the purposes of their use is to facilitate trade by informing the buyer of origin of the products .
Often this may imply a certain quality that can be expected by the buyer. Geographical indications may be used for industrial and agricultural products. Protection of such indications at the national level, but there are various international agreements that promote the protection of a number of countries .
In essence, geographical indication - this notification, which indicates that the product is derived from a given geographic area. The most famous examples of geographical indications - are those that are used in relation to wines and spirits . For example, the geographical indication " champagne" is used to indicate that a particular type of sparkling wine comes from the region of Champagne in France .
How protect geographical indications?
Unlike trademarks and inventions, there is a great variety of kinds of protection available for geographical indications. They can be protected by means of legislation or "sui generis" ( special legislation ), or regulations, that is, the system used, for example, Ukraine, France and Portugal .
Another possibility is to run a registry of geographical indications (Ukraine ).
Another possibility is to rely on the law on the protection against unfair competition or tort "passing off" ( Commerce under an assumed name ), which essentially says the inadmissibility of unfair trade practices .
Using a geographical indication in respect of a product which does not occur from the region, it would be a very good example of unfair trade practices.
Geographical indications can also be protected by registration of collective marks or certification marks (for example, in the U.S.) . Unlike individual trademarks, collective marks belong to the group of traders or manufacturers. Certification mark, on the other hand, does not belong to anyone ; he recorded, based on the understanding that any person who meet the requirements, are permitted to use the mark.
What is the difference between appellations of origin and geographical indications?
Appellations of Origin ( in Ukraine " kvalіfіkovane zaznachennya pohodzhennya product ") are specific types of geographical indication. A geographical indication is a notice stating that the product comes from a particular area.
example, the expression "made in Switzerland " a geographical indication : the buyer knows that the product comes out.
appellation of origin is more accurate geographical indication, which specifies that a particular product has certain characteristics, and that these features are determined primarily or exclusively the place of its origin. The basic idea is that certain foods owe their special properties at their place of origin. This is a common feature of agricultural products such as Roquefort cheese . People who produce Roquefort cheese, say that he has such a taste, as the field matures in the caves of Roquefort . And just because it ripens in this particular place, he eventually gets the same taste, which is famous for . If you used the same method of making cheese in other caves, the cheese would have a different flavor and would not be Roquefort.
How protect rights to a geographical indication in Ukraine?
Ukraine on the protection of geographical indication takes place in accordance with the Civil Code of Ukraine and the special law " On the Protection of designation of origin ." Under special legislation maintains a register of names of origin and geographical indications .
How to register a geographical indication in Ukraine?
Apply in Ukraine for registration qualified indication of origin of goods are:
person or group of persons who claimed to produce goods geographical location, special characteristics, quality, reputation or other characteristics of which are associated with this geographical location;
organizations that directly relate to the production of or the study of the relevant products, products, processes or geographical locations.
right to use the registered qualified indication of origin of goods, subject to registration of this right are manufacturers that geographical location specified in the Registry, produce goods, special qualities which correspond to those listed in the Register .