GI's and AO's registration
GIs and AOs are important means of individualization that allow emphasizing the unique properties of a product due to its origin from a specific territory. Our Agency has over 20 years of experience assisting with AO registrations, including representation in administrative and judicial bodies for this category of cases.
SUBMIT AN APPLICATION
THE APPLICANT HAS THE RIGHT TO CHOOSE WHICH OBJECT, GEOGRAPHICAL INDICATION (GI) OR APPELLATION OF ORIGIN (AO), THEY CLAIM FOR STATE REGISTRATION WHEN APPLYING FOR REGISTRATION OF A DESIGNATION INDICATING THE GEOGRAPHICAL ORIGIN OF THE GOODS.
Main differences in the legal regulation of GIs and AOs
GI - AO
Any designation that allows identifying the goods as originating from the territory of a geographical object
A verbal designation that necessarily includes the name of a geographical object or a derivative of such name
GI - AO
No need to prove acquired fame of the designation as a result of use for a specific product. It is sufficient that the indication allows linking the product and its place of origin.
It is necessary that the designation has gained fame precisely as a result of its use for the goods.
GI - AO
No need to prove the presence of special properties of the goods
It is necessary to prove the presence of special properties of the goods
GI - AO
The application only needs to state and confirm information about the quality, reputation, or other specific characteristics of the goods determined by the place of origin
Confirmation from authorized state bodies is required regarding the presence of special properties in the goods
GI - AO
At least one stage of production of the goods that significantly influences the formation of the goods' characteristics must be carried out within the territory of this geographical object
All stages of production of the goods that significantly influence the formation of the special properties of the goods must be carried out within the territory of this geographical object
Similarities between GIs and AOs
Main similar provisions related to the legal regulation of GIs and AOs
Allows linking the designation to a specific geographical object
Possibility to grant exclusive rights to an already registered designation to an interested person subject to legally established requirements
The term of the exclusive right to use the registered designation is 10 years with the possibility of renewal an unlimited number of times
Disposal of the exclusive right to the designation, including its alienation or granting another person the right to use this designation, as well as transfer of the exclusive right without concluding a contract is not permitted
An AO and an AO application can be transformed into a GI and a GI application respectively, and vice versa
Features
When filing an application for GI registration, it is necessary to indicate the connection of a specific quality, reputation, or other characteristics of the goods with the place of origin, describe the characteristics of the goods, the production method, describe the procedure for monitoring compliance with production conditions and preservation of the goods' characteristics, and some other information. Like an AO, a GI can be registered by one or several citizens, one or several legal entities, as well as an association (union) or other entity whose establishment and activities do not contradict the legislation of the country of origin of the goods.