REGISTRATION OF RIGHT TO INDICATOR OF PRODUCT’S ORIGIN UKRAINE, KYIV

Geographic indicator means symbol used on products which have specific geographic origin and possess properties or reputation peculiar to their place of origin. In a broader context, geographic indicator consists of the name of the place of product’s origin.
The term ‘geographic indicator’ includes the following terms: ‘name of place of product’s origin’ and ‘indicator of product’s origin’.
Name of place of product’s origin means name of the country, settlement, location, or other geographical object used to mark the product whose specific features are determined exclusively or mainly by natural conditions or other factors peculiar to this geographical object or by combination of the above natural conditions and factors. Examples of this may include Champagne, Gzhel, Borjomi, Roquefort.
Indicator of product’s origin means symbol which directly or indirectly points to the actual place of product’s origin or manufacture: Tula samovar, Vologda laces.
In Ukraine, legal protection of the name of the place of product’s origin is provided upon its registration with the Patent Office – Ukrainian Institute of Industrial Property. Upon completion of registration process an applicant will be issued a certificate of right to use the name of the place of product’s origin.
Right to use indicator of product’s origin is certified by the appropriate certificate. According to Ukrainian law, once every ten years certificate holder is required to confirm conformity of his products with the quality parameters which were registered at the time of issuance of certificate.
To file an application for indicator of product’s origin an applicant is required to provide the following documents:
1. Indicator of product’s origin applied for registration (or for right to use, if said indicator is already registered);
2. Product’s name;
3. Document confirming that product is manufactured by applicant (as a rule, this is a certificate of state registration of business entity or a land plot, mineral deposit, or well transfer and acceptance for use act);
4. Document issued by special authorized (as a rule, geodesic or geological) agency concerning boundaries of geographic location which product’s special properties, certain qualities, reputation, or other features are peculiar to;
5. Description of product’s special properties, qualities, reputation, or other features (compiled, as a rule, based on results of expert examination);
6. Document confirming relation of product’s special properties, qualities, or reputation to natural conditions and/or human factor of a specific geographic location (as a rule, this is a conclusion of sanitary control agencies and/or centers for standardization and metrology, results of chemical and biological examination, etc.);
7. Information about product’s marking (label or packaging sample);
8. Applicant’s full name (company name and registered address).
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