Indication of origin of goods – one of the objects of industrial property, which is quite rare in the practice of patent attorneys.
Since the products, that are accompanied by the indication of origin, are reliable and indicate that the product has special properties, determined by natural conditions and / or human factors of geographical location, a place of its origin.
If your company produces goods with the notation, in which there is an indication of the place of origin (for example, “Myrgorodska”, “Borjomi”, etc.), and properties of this product are directly related to the place of its origin, to protect yourself from unscrupulous competitors you should get the appropriate certificate for the right to use the indication of origin. Especially if the product is popular because of its specific properties and qualities (eg, curative water quality, skill of painting utensils, etc.).
The holder of a such certificate has the right to:
- use the indication of origin (ie, applied to the goods, packaging, etc.);
- prohibit the misuse of indication of origin of goods;
- require from persons, who have violated his/her right, to stop these violations and compensate for material and moral damage.
Violation of the rights of the holder of the certificate is the use of untrue (false) indication or such indication, which is misleading consumers about the true place of origin (eg, use of the accompanying words “kind”, “type”, “style”, “imitation” and etc).
To obtain a certificate an indication of origin must be registered in the Patent Office.
Currently, the basic law regulating the relations arising in connection with the registration, legal protection and use of indication of origin is the Law of Ukraine “On protection of rights to indication of origin of goods” from 16.06.1999, with amendments.
Indications of origin may be simple and qualified.
A simple indication of origin (PUPT) – any verbal or visual (graphical) designation, directly or intermediary indicating the geographical location of origin. PUPT does not require registration, and legal protection occurs on the basis of its use.
Qualified indication of origin (KUPT) covers the terms:
- name of the place of origin (NMP);
- geographical indication of origin (GUP).
Legal protection of qualified indication of origin of goods arises on the basis of their registration, which is valid indefinitely from the date of the registration. Rights to use are confirmed by a special certificate. The scope of legal protection is defined by entered in the register and recorded in the certificate characteristics of the goods and the geographical location.
Among the main features of the industrial property are:
- Registration and / or right to use qualified indication of origin of goods to one person does not limit the rights of other persons to register their rights to use it.
- In contrast to the rights holder to sign for the goods and services, the person that received the right to use the qualified indication of origin of goods can not grant a license to others.
- Link to a specific geographical target excludes the possibility of transfer of manufacturing such goods from one place to another. It is impossible to produce products known to a broad consumer, in other geographical objects, than those which led to the presence of special properties in these products.
Specialists of firm “Krylova & Partners” will perform the full range of work needed to obtain a certificate for the qualified indication of origin of goods, including the following:
- registration and submission of an application to the Office;
- legal support for its consideration in the Office;
- obtaining certificate and extension of its validity;
- appeal against the decision of the Office and protection of certificate holder s rights in court.