Russia accedes to Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
30 December 2021On December 30, 2021 the law on accession of Russia to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications was signed by Russian President and issued. the Geneva Act had been adopted at the diplomatic conference in Geneva (Switzerland) on May 20, 2015 and came into force on February 26, 2020.
Accession of Russia to the Lisbon agreement will considerably facilitate obtainment of protection of appellations of origin and geographical indications for foreign applicants. This will also be to advantage of Russian applicants
Currently 9 countries are parties to the Geneva Act: Albania, Hungary, Democratic People’s Republic of Korea, Laos, Oman, Samoa, France, Switzerland and the European Union as the intergovernmental organization. Ghana will join the Act in February 2022.
International registration will be valid indefinitely without additional fees provided that it is valid in the country of origin.
Russian patent office will examine all appellations of origin and geographical indications for which protection is sought and will refuse protection if a designation in question has become generic or there are earlier similar trademarks.
Russia makes several reservations regarding application of the Lisbon Agreement:
- protection will be given from the date of the positive decision of Rospatent;
- individual fees will have to be paid, i.e. examination fee and a fee for the right to use appellation of origin or geographical indication;
- the term during which Rospatent may notify WIPO of refusal of protection will be two years;
- an international registration sought to be protected in Russia shall be accompanied by description of properties of the goods related to its geographical origin.
The law on accession to the Geneva Act will come in force one year after its official publication. Considering the routine procedures in connection with the accession it may be expected that the law will become operative in early 2023. By that time the required changes will be made in Part IV of the Russian Civil Code and in the bylaws of Rospatent.