Geographical origin

Geographical origin

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The indications of geographical origin is the right which provides protection for two types of marks: Appelations of origin and Geographical indications.

 

An appellation of origin is the geographical name of a country, region or a locality, used to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors, and which is produced, processed or prepared entirely within a specific limited geographical area.

Geographical indication is the indication that identifies certain goods as goods originating from the territory of specific country, region or a locality within such territory, where specific quality, reputation or other characteristics of the goods can be essentially attributed to their geographical origin.Indications of geographical origin mark natural products: water, salt, stone etc; agricultural products:  raspberries, cabbage, potato, cream, cheese; domestic handicraft products: sweaters, laces and industrial products and services.

2. How is the indication of geographical origin protected?

This protection comprises two different procedures:

  1. Procedure for registration  of the indication of geographical origin (if the indication of geographical origin is registered at the Intellactual Property Office for the first time, as a completely new right which has not been registered until that moment);
  2. Procedure for recognition of a status of an authorized user of the indication of geographical origin.

Conditions and procedure for protection of the indication of geographical origin are prescribed by the Law on Indications of Geographical Origin (Official Gazette of Montenegro, No. 48⁄ 08).

Procedure for protection of the indication of geographical origin may be initiated by any domestic natural or legal person who produces, in a specific geographical area, products marked by the name of such geographical area, also associations of those persons, chamber of economy, associations of consumers and state authorities interested in protection of appelation of origin, as well as foreign natural or legal persons if the appelation of origin or geographical indication is recognized in the country of origin, when it arises from international agreements. In the procedure before Intellectual Property Office, foreign natural or legal persons must have domestic representative, respectively lawyer who is listed into the Register of representatives.

Duration of a registered appelation of origin or a geographical indication is not limited.

3. Procedure for registration of indication of geographical origin

This procedure is started with the application which con:

  1. Request for registration of appelation of origin or geographical indication (Form G-1);
  2. Data on geographical area;
  3. Details on specific feaures of product.

4. Procedure under application of status of authorised user of the indication of geographhical origin

This procedure is started by application which contains:

  1. Request for recognition of the status of authorised user of appelation of origin or geographical indication (Form O-1);
  2. Proof of particular activity performed within the particular geographical area;
  3. Proof of product quality control carried out by an authorised organisation.

5. International protection

For information on procedure for international protection of the indication of geographical origin please connect to the following links:

International agreements related to indications of geographical origin:
http://www.wipo.int/geo_indications/en/treaties.html.

 

  • Crnogorski
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