Article 1523. The Expert Examination of an Application for an Appellation of Origin and the Making of Amendments to Application Documents

1. An expert examination of an application for an appellation of origin shall be carried out by the federal executive governmental body charged with intellectual property matters.
The expert examination of the application shall include a formal expert examination and an expert examination of the designation declared as the appellation of origin (declared designation).

2. During the term for completion of the expert examination of the application for an appellation of origin the applicant is entitled to amend, update or correct the materials of the application until a decision is taken on the application.
If additional materials modify the essence of the application these materials shall not be accepted for consideration, and they may be arranged by the applicant as an independent application.

3. During the term for completion of the expert examination of the application for an appellation of origin the federal executive governmental body charged with intellectual property matters is entitled to request from the applicant the provision of the additional materials without which the expert examination cannot be completed.
The additional materials shall be submitted by the applicant within two months after the receipt of the relevant request. On an application of the applicant this term may be extended if the petition is received before the expiry of the term. If the applicant has not observed the term or did not reply to the request for additional materials, the application shall be deemed withdrawn under a decision of the federal executive governmental body charged with intellectual property matters.

Article 1524. The Formal Expert Examination of an Application for an Appellation of Origin

1. A formal expert examination of an application for an appellation of origin shall be completed within two months after the application was filed with the federal executive governmental body charged with intellectual property matters.

2. During the formal expert examination of the application for an appellation of origin the presence of the necessary application documents, and also their compliance with established requirements shall be verified. According to the results of the formal expert examination either the application shall be accepted for consideration or a decision shall be taken on refusal to accept the application for consideration. The applicant shall be notified of the results of the formal expert examination.
Simultaneously with a notice of the positive result of the formal expert examination of the application that applicant shall be informed of the date of filing of the application as established in accordance with Item 8 of Article 1522 of the present Code.

Article 1525. The Expert Examination of a Designation Declared as an Appellation of Origin

1. An expert examination of a designation declared for merchandise as an appellation of origin (expert examination of a declared designation) for the purpose of verifying the compliance of the designation with the provisions of Article 1516 of the present Code shall be carried out on an application accepted for consideration as the result of a formal expert examination.
During the expert examination of the declared designation it shall also be verified whether there is a good reason for indicating the place of origin (production) of the merchandise on the territory of the Russian Federation.
On an application accepted for consideration for the granting of an exclusive right to an appellation of origin that has been registered earlier an expert examination of the declared designation shall be carried out to verify its compliance with the provisions of Paragraph 2 of Item 5 of Article 1522 of the present Code.

2. Until a decision is taken on the results of an expert examination of the declared designation in the event of anticipated refusal to grant state registration to an appellation of origin and/or to grant en exclusive right to such appellation of origin a notice in writing shall be sent to the applicant on the results of verification of the compliance of the declared designation with the provisions of Article 15167 of the present Code and a proposal for submitting his/its arguments concerning the reasons available in the notice. The applicant's arguments shall be taken into account when a decision is taken according to the results of the expert examination of the declared designation, if they are submitted within six months after the said notice was sent to the applicant.

 

 

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