On 16 August 2024, new rules for the registration of geographical indications in Ukraine came into force ("Rules"). In accordance with Order of the Ministry of Economy of Ukraine No. 16370 dated 09.07.2024, the Rules establish requirements for the registration of geographical indications for agricultural goods, food and alcoholic beverages.
The provisions of the Rules align with the requirements of EU legislation, which enables national producers to protect and recognize Ukrainian geographical indications in the EU.
The Rules specify the following, in particular:
- who is eligible for registration
- what documents must be submitted
- how to draw up a product specification
In addition, the Rules define new forms of documents for the application of a geographical indication for state registration.
Key changes
- What is a geographical indication?
A geographical indication is a distinctive sign used as the name of a product whose special qualities, namely reputation and properties, are due to its place of origin. In addition, at least one of the stages of production of such a product must be carried out in a certain geographical area.
For instance, geographical indications can be registered for mineral water, wine, cheese and consumer goods that were produced in a particular region. Among the geographical indications registered in Ukraine are Transcarpathian honey, Kherson watermelon, and Yalpug and Danube Bessarabia wines. Among other things, 38 objects have been registered under the national procedure, of which 29 geographical indications are exclusively Ukrainian.
- Who can register a geographical indication?
- An association of persons that produces goods and/or extracts and/or processes raw materials for goods in the specified geographical location, the special quality, reputation or other characteristics of which are due to this geographical location
- An individual or legal entity in the cases established by the law
Moreover, an application for a name denoting a transboundary geographical location may be filed with the Ukrainian National Office for Intellectual Property and Innovations ("UANIPIO") jointly by foreigners from different states directly or through the relevant authorities of the applicant's foreign state. foreign legal entities and
What documents are required for registration?
The application is submitted in Ukrainian in paper or electronic form. It can relate to only one geographical indication.
The application must contain the following:
- application for registration of a geographical indication
- a "Holistic Document," a special form established by the new Rules that includes a summary of the applied geographical indication
- specification of goods approved by the relevant specially authorized body
In addition, it is possible to file an opposition to the UANIPIO regarding the noncompliance of the claimed geographical indication with the conditions for granting legal protection.
Recommendations
Overall, the new rules for the registration of geographical indications can be considered positive from a business standpoint. The Rules contribute to the harmonization of Ukrainian legislation with the EU on the registration of geographical indications. This improves and speeds up the registration process, which allows businesses to enter new markets while guaranteeing the high quality of the goods. Moreover, the registration of geographical indications helps avoid unfair competition and promote traditional goods from different regions, increasing their recognition.
By Ruslan Drobyazko, Partner, and Myroslava Koval-Lavok, Senior Associate, Baker McKenzie
