2. Using an Appellation of Origin

Article 1519. The Exclusive Right to an Appellation of Origin

1. A right holder has the exclusive right to use an appellation of origin in accordance with Article 1229 of the present Code in any manner not conflicting with a law (exclusive right to an appellation of origin), including the methods specified in Item 2 of the present article.

2. The use of an appellation of origin is the placement of the appellation of origin on/in the following, without limitation:
1) the goods, the labels, packages of the goods manufactured, offered for sale, sold, shown at exhibitions and fairs or are otherwise introduced in civil-law transactions on the territory of the Russian Federation or are stored or transported for this purpose or are imported onto the territory of the Russian Federation;
2) the letterhead papers, bills, other documents and printed publications relating to the introduction of goods in civil-law transactions;
3) offers of sale of goods, and also in announcements, on billboards and in advertisements;
4) the Internet, for instance in a domain name or in other addressing methods.

3. A registered appellation of origin is prohibited for being used by persons not holding the relevant certificate even though the real place of origin of merchandise is indicated or a name is used in translation either in combination with such words as "kind/genus", "type", "simulation" etc., and also the use of a similar designation for any goods that is capable of misleading consumers as to the place from which the goods originate and to the special properties of the goods (illegal use of an appellation of origin).
The goods, labels, packages of goods on which appellations of origin or designations similar thereto to the extent of confusion have been illegally used are deemed counterfeit.

4. It is prohibited to dispose of an exclusive right to an appellation of origin, for instance by means of alienating it or assigning a right to use the appellation of origin to another person.

Article 1520. The Mark of Protection of an Appellation of Origin
For the purpose of warning about his/its exclusive right the holder of a certificate of exclusive right to an appellation of origin may place the following next to the appellation of origin: a protection mark in the form of a word designation "registered appellation of origin" or "registered NMPT" indicating that the designation used is an appellation of origin registered in the Russian Federation.

Article 1521. The Effect of Legal Protection of an Appellation of Origin

1. An appellation of origin is protected for the whole period when it is possible to manufacture the merchandise whose special properties are exclusively or predominantly defined by the natural conditions and/or human factors characteristic of the relevant geographic object (Article 1516).

2. The effective term of a certificate of exclusive right to an appellation of origin and the procedure for extending this term are defined by Article 1531 of the present Code.

3. The State Registration of an Appellation of Origin
and the Granting of Exclusive Right to an Appellation of Origin

 

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