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Publication date: 03.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Geographical indication (GI) is a type of intellectual property that reflects the specificity and uniqueness of a product associated with its origin from a certain geographic region. It can be a specific region, country or even locality. GH allows consumers to receive information about the quality, characteristics and features of a product related to its geographical origin. Ukraine also uses the system of geographical indications to protect and promote its unique products.
Features of geographical indication in Ukraine:
According to the legislation of Ukraine, a geographical indication (GI) is one of the types of intellectual property and is regulated by relevant legal acts. The main requirements for a geographical indication in Ukraine include:
Geographic restriction: The product must have a direct connection with a certain geographical region. This means that the quality, reputation or other characteristics of the product must be determined by its geographical origin.
Uniqueness and specificity of the product: The geographical indication must reflect the unique characteristics or specific method of production of the product, which is related to its geographical origin.
Technical and documentary support: The applicant must provide sufficient evidence and documents that confirm the origin and quality of the product. This may include a description of production technology, research results, cartographic materials and other information.
No confusion with other products: The geographical indication should not cause confusion with other products that have similar names or characteristics but originate from other regions.
Compliance with legislative requirements: An application for registration of a geographical indication must comply with all requirements of Ukrainian legislation in the field of intellectual property. Therefore, it is worthwhile to familiarize yourself with the legally established requirements in detail before submitting an application. These requirements are aimed at ensuring the protection and promotion of unique products associated with certain geographical regions of Ukraine. Compliance with these requirements is important for the successful registration of a geographical indication and ensuring its legal protection.
The procedure for registering a geographical indication:
In Ukraine, the registration of geographical indications is carried out through the intellectual property organization, which is responsible for these issues. Today, such a body is the National Intellectual Property Authority (NIPO), which has competence in this area. To register a geographical indication in Ukraine, it is usually necessary to submit an application for registration together with the necessary documentation, which may include a description of the product, its origin, technical characteristics and any other information confirming the uniqueness and features of this product in the context of its geographical origin. After submitting the application, an expert assessment of the conformity of the declared product with the criteria of the geographical indication is carried out. If the application meets all the requirements, the geographical indication can be registered, and the approved product receives the appropriate status and protection from use by unscrupulous manufacturers. The registration procedure may take some time and require appropriate preparation and documents development, and therefore the legal services of specialized consultants are recommended for obtaining detailed information and assistance in this process.
Development of documents by a lawyer when registering a geographical indication:
Since the registration procedure is long enough, and the requirements relating to this object of intellectual property require a detailed analysis, the services of a lawyer are highly desirable in this case. The lawyer will drafting documents, prepare the application and accompany the client during the registration procedure.
