The Government decided to join the Lisbon System for the International Registration of Appellations of Origin and Geographical Indications

On October 28, 2021, the Government introduced to the State Duma a draft law (No. 9769-8) on ratification of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (adopted at the diplomatic conference in Geneva (Switzerland) on May 20, 2015).

The draft law stipulates that the law on ratification of the Geneva Act will become effective one year after its official publication. Taking into account the period required to transfer the instrument of ratification to the WIPO Director General and the procedure provided for by the Act for it to become effective for the acceding party, it is most practical to expect Russia to accede to the Geneva Act in spring 2023. Russia’s participation in the Lisbon System will make protection of foreign appellations of origin and geographical indications in Russia and of Russian appellations of origin and geographical indications in the member countries of the Geneva Act considerably easier.

Accession to the Geneva Act will allow registering Russian appellations of origin and geographical indications in the international register, thereby obtaining protection in the member countries of the Geneva Act. To date, these are 8 countries (Albania, Hungary, Cambodia, Democratic People’s Republic of Korea, Laos, Oman, Samoa, France) and the European Union as an intergovernmental organization. From December 1, 2021, the Act will also become effective for Switzerland.

As per the Lisbon System, international registration of appellations of origin and geographical indications is permanent, provided that protection in the country of origin should be maintained. There is no need to pay any extra fees for registration extension.

By joining the Lisbon System, Russia will have to grant protection provided for by the Act to appellations of origin and geographical indications from the member countries of the Act, including to those already included in the international register at the time of Russia’s accession. However, Rospatent will conduct examination of all appellations of origin and geographical indications, for which protection will be claimed in Russia, and will be able to refuse to grant such protection if it considers, for example, that the relevant designation has fallen into general use in Russia or if there are earlier conflicting (confusingly similar) trademarks in Russia.