Geographical indications loom on the horizon

On July 18, 2019, the Duma passed the bill on geographical indications (GI) in its final reading. This is a new and long awaited IP subject matter. Relevant provisions are sandwiched by the side of appellations of origin (AO) in the same section. In fact, the geographical indications are very close to the appellations of origin. It is also a means of individualization and denotes the goods whose characteristics are related to their geographical origin. It differs from AO in that the latter is used for the goods the properties of which “exclusively or mainly” are determined by their geographical origin, i.e. by natural or human resources of a specific geographical location. The requirements for the goods for which the geographical indication will be used are related to the geographical location to a “certain large extent” only. Unlike AO the new law does not detail what attributes of the geographical location (natural, human, other factors) determine the characteristics of the goods bearing the geographical indication, what documents should support it and how characteristics of the goods should relate to their geographical location.

The law also draws the difference between GI and AO depending on whether all stages of production are realized within the boundaries of a given geographical region. In case of AO the law provides that the goods should be produced completely on the territory of the geographical region while in case of GI, at least one stage of production determining its characteristics should be located in a given geographical region.

One more novelty in the law is that the scope of persons who will be entitled to obtain protection for both means of individualization will be enlarged. Aside from physical and legal persons the law provides that also associations (and persons, members of such associations) producing or distributing the goods will be able to use the registered AO and GI.

The law solves yet another problem: in order to be eligible for registration in Russia the applicant of AO should submit evidence of such registration from his own country, while in case of GI the applicant will be able to submit any similar document according to the law of his country, e.g. a certification mark.

It is difficult so far to evaluate the consequences of adoption of this law however it is to be expected that the law will allow giving protection to a large number of designations that cannot be protected today because of the strict requirements for appellations of origin possessing quality and reputation related to their geographical location.

It is expected that the law will be signed by President before the end of July 2019. It will come in force one year after publication.