Why the Process of Registering Geographical Indications Needs Certain Encouragement

Tula gingerbread is not baked in Krasnodar, and Swiss watches are not produced in England. Pavlovo Posad shawls, Dulyovo porcelain, "Essentuki" not only give us direct associations of goods with certain territories and countries, but also represent national heritage. And besides, these are protected intellectual property objects. In Belarus, only three appellations of origin are registered. And famous Slutsk belts are not included in this list. Why? After all, the potential is immense: the original Belarusian handicraft, dishes, drinks, clothes, shoes. To analyze the situation, the reporter of the newspaper “Republic” contacted the National Center of Intellectual Property (NCIP) and found out what changes in the legislation would stimulate businesses to more often declare the uniqueness of some Belarusian products.

In Belarus, the Law “On Geographical Indications” is still in force, which provides for the legal protection to “an appellation of origin”. The list of such appellations, information about which is included in the State Register of Appellations of Origin, includes 32 foreign and three national designations: mineral water “Minskaya”, “Lidskoe pivo” and “Lidskiy kvas”.

Until last year, only appellations of origin of goods were registered in Russia. This means that the product in question is created in a certain territory on a turn-key basis. Here, the raw materials are sourced; the product itself is manufactured and packed. Today, Russia has provided for the possibility of obtaining legal protection for a geographical indication as well. What has changed? The Head of the Trademarks Department of NCIP Mrs. Natalya Sinishova clears things up:

– Both the geographical indication (GI) and the appellation of origin (AO) suggest strong connection between the goods designated by them and the place of their origin. These concepts both give the consumer information about the place of origin of the product, its qualities, reputation and (or) other characteristics. The main difference between these terms is that the AO requires a stronger connection between the product and its place of origin. A rather vague differentiation of concepts does not allow us to define clear criteria for their differences in the law.

It should be noted that the geographical indication does not belong to any one. Let’s take our mineral water "Minskaya" as an example. It is produced in a specific region and can be distinguished by its depth and degree of mineralization. So, it is unique in its way. The producer thus is given the right to use the name of the place of origin of goods “Minskaya”. The very name of the place of origin of goods is subject to registration in the State Register and, in fact, is considered national heritage. Only those who have acquired the right of using it can label their products with this designation, as well as prohibit actions of other manufacturers who are not granted this right.

In December 2019, amendments to the Law “On Geographical Indications” were adopted. They will come into force in August this year. NCIP developed a clear mechanism for the registration procedure, determined the competent authority, its obligations, the way of cooperation with the applicants, and proposed lowering the rates of patent fees for registering a geographical indication, which many business entities are waiting for.

– The registration procedure is rather simple. The main task of a business entity is to obtain an examination report from a competent authority. The competent authority is the National Academy of Sciences and all its subordinate organizations. They are the ones who will issue the report. The applicant must conclude an agreement with this organization, and after receiving its conclusion and paying the fee, NCIP will conduct final analysis of all the documents submitted and register this designation in the State Register of Geographical Indications. The legal entity will receive the right to use the geographical indication for 10 years and will be able to renew it an unlimited number of times, states Mrs. Natalya Sinishova.

According to Mr. Aliaksei Kurman, the Deputy Director General of NCIP, Belarusian enterprises are already interested in the changes of the law.

Firstly, some enterprises produce a truly unique product. For them, this is not merely the source of making additional profit by using original taste and production technologies; it is also a way to promote their region, village, city and country as a whole, advance its image. In addition, a visa-free regime, infrastructure improvement can help develop tourism in the regions including plant tours, workshops, and purchase of goods.

The NCIP representatives note that in order to give an impetus to the process of registering geographical indications in the country, support from the Government is needed. Local executive authorities, departments of culture, who know more deeply the traditions of their region, may become interested in the development of this sphere, which becomes relevant in connection with the announced topic for 2018–2020 years – Motherland. The registration of geographical indications will undoubtedly preserve and promote the historical, cultural and spiritual heritage.

Slutsk belts are well-known abroad; tourists buy them and thereby glorify Belarus. However, in order to stimulate the revival of the Slutsk belts, a specific state program was created. Carpets from Rukhov, boots from Dribin, towels from Neglubka, linen from Orsha, condensed milk from Rogachev, bread from Zhorovka, sapropel mud from Lake Sudobl – these are just a small part of objects that can be registered as geographical indications.

The products of large Belarusian enterprises are in great demand in other markets. Those who registered geographical indications, taking care of their protection, now have the opportunity to get registration in other countries where they export their products. Mrs. Natalya Sinishova explains the system:

– If the manufacturer registers a trademark, then upon detection of a fake, its similarity is assessed to the extent of confusion with the original – protected trademark. Because of this, many disputes arise, some cases may even reach the court. If protection is provided for a geographical indication, then with respect to the counterfeit products detected, it is enough to determine whether the given manufacturer has the right to use such a name when marking products. Tracking the appearance of fakes in the market is primarily the task of the right holder. Anyone who is worried about their intellectual property is the one who should monitor the situation. But in this case, for example, retail chains, public organizations that protect the rights of consumers, manufacturers’ associations can certainly assist. Thus, unique Belarusian products can and should be protected abroad if the system of geographical indications protection is developed and used accordingly.

Based on the materials published in the newspaper “Republic”.