Article 1536. Terminating the Legal Protection of an Appellation of Origin and a Certificate of Exclusive Right to Such Appellation of Origin

1. The legal protection of an appellation of origin of a merchandise shall be terminated if:
1) the conditions characteristic of the given geographic object have disappeared, and it impossible to manufacture the merchandise possessing the special properties indicated in the State Register of Appellations of Origin for this appellation of origin;
2) a foreign legal entity, foreign citizen or stateless person has lost his/its right to this appellation of origin in the country of origin of the merchandise.

2. The effect of a certificate of an exclusive right to an appellation of origin of a merchandise shall be terminated if:
1) the merchandise manufactured by the holder of the certificate has lost the special properties indicated in the State Register of Appellations of Origin for this appellation of origin;
2) the legal protection of the appellation of origin has been terminated on the grounds set out in Item 1 of the present article;
3) the legal entity being the holder of the certificate has been wound up or the entrepreneurial activity of the individual entrepreneur being the holder of the certificate has been terminated;
4) the effective term of the certificate has expired;
5) the holder of the certificate has filed an application to this effect with the federal executive governmental body charged with intellectual property matters.

3. On the grounds set out in Item 1 and Subitems 1 and 2 of Item 2 of the present article, any person may file an application with the federal executive governmental body charged with intellectual property matters asking for termination of the legal protection of an appellation of origin and of a certificate of exclusive right to such appellation of origin, and on the ground set out in Subitem 3 of Item 2 of the present article, for termination of a certificate of exclusive right to the appellation of origin.

The legal protection of an appellation of origin and a certificate of the exclusive right to such appellation of origin shall be terminated on the basis of a decision of the federal executive governmental body charged with intellectual property matters.

 

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