§ 3. The Right to the Appellation of Origin of Goods

1. General Provisions

Article 1516. The Appellation of Origin
1. The appellation of origin of a merchandise to which legal protection is granted means a designation being or containing a contemporary or historical, official or unofficial, full or abbreviated name of a country, urban or rural inhabited settlement, locality or another geographic object, and also a designation which is derivative from such name and which has become recognize as the result of being used in respect of a merchandise whose special properties are exclusively or predominantly defined by the natural conditions and/or human factors characteristic of the given geographic object. The manufacturers of such merchandise may be recognized to own the exclusive right to use the appellation of origin (Article 1229 and 1519).

2. The following shall not be deemed an appellation of origin: a designation though being or containing a name of a geographic object that is generally used in the Russian Federation as a designation of goods of a certain kind but not relating to the place where manufactured.

Article 1517. The Effect of Exclusive Right to Use an Appellation of Origin on the Territory of the Russian Federation
1. An exclusive right to use an appellation of origin registered by the federal executive governmental body charged with intellectual property matters, and also in other cases envisaged by an international treaty of the Russian Federation is effective on the territory of the Russian Federation.

2. The state registration of a geographic object located in a foreign state as an appellation of origin for a merchandise is admissible if the name of the object is protected as an appellation of origin in the country of origin of the merchandise. The exclusive right to use the appellation of origin of the merchandise shall only be owned by a person whose right to use the appellation of origin is protected in the country of origin of the merchandise.

Article 1518. The State Registration of an Appellation of Origin
1. An appellation of origin shall be recognized and protected by virtue of state registration thereof.
An appellation of origin may be registered by one or several citizens or legal entities.

2. The persons that have registered an appellation of origin acquire the exclusive right to use the appellation of origin, provided the merchandise manufactured by these persons meets the requirements set out in Item 1 of Article 1516 of the present Code.
An exclusive right to use an appellation of origin in respect of one and the same merchandise may be granted to any person manufacturing merchandise having the same special properties within the boundary of the same geographic object.

 

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