Geographical indication registration. How to apply?
The Law of the Republic of Belarus "On Geographical Indications" regulates relationship arising in connection with legal protection and use of geographical indications.
The expression "geographical indication" includes the terms "appellation of origin" and "indication of source".
The legal protection of an appellation of origin in the Republic of Belarus is provided on the ground of its registration with the National Center of Intellectual Property. The registration results in issuance of the certificate granting the right to use the appellation of origin. The certificate is valid during 10 years from the date of filing of an application with the patent office.
The legal protection of an indication of source is exercised on the ground of the use of the indication. The indication of source is not subject to national registration.
The materials of the application for registration and granting of the right to use the appellation of origin must be drawn up in compliance with the following normative legal acts:
- the Law of the Republic of Belarus No. 127-Z "On Geographical Indications" from July 17, 2002;
- the Regulations on the procedure of drafting an application for registration and granting of the right to use the appellation of origin approved by the Resolution of the Council of Ministers of the Republic of Belarus No. 661 from April 30, 2010;
- the Resolution of the State Committee on Science and Technologies of the Republic of Belarus No. 11 "On Fixing Forms of Requests for Registration and Granting of the Right to Use an Appellation of Origin and for Granting of the Right to Use a Registered Appellation of Origin" from April 30, 2010.
An application must contain:
- a request for registration and granting of the right to use an appellation of origin or a request for granting of the right to use a registered appellation of origin, the applicant(s) as well as their place of residence or place of business being indicated;
- a claimed indication;
- an indication of the goods for which the legal protection is sought;
- an indication of the place of production of the goods (boundaries of the geographical area);
- a description of the specific characteristics of the goods.
An application is accompanied with the following documents:
- for a national applicant – the resolution of the competent authority that the applicant is based in the indicated geographical area and produces the goods whose specific characteristics is determined by the distinctive natural conditions of the area or other factors or the combination of the natural conditions and these factors;
- for a foreign applicant – a document certifying their right to use the claimed appellation of origin in the country of origin of the goods; an acknowledgement of payment of the fee at the fixed rate;
- if it is filed with a patent attorney – a document certifying the authority of the patent attorney; a power of attorney for a national applicant or a foreign applicant.
An application for registration and granting of the right to use an appellation of origin and an application for granting the right to use a registered appellation of origin are filed with the National Center of Intellectual Property.
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