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LAW OF UKRAINE

of June 16, 1999 No. 752-XIV

About legal protection of geographical instructions

(as amended on 06-09-2022)

This Law determines the principles of legal protection of geographical instructions in Ukraine and governs the relations arising in connection with their registration, use and protection.

Features of preparation for registration, uses and protection of geographical instructions concerning agricultural products (agricultural goods), foodstuff, wines, the flavored wine products, alcoholic drinks, and also control concerning such geographical instructions are determined by other laws.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) Appeal chamber - the NOIS collegiate organ for consideration of objections against decisions of NOIS concerning acquisition of rights intellectual property items, statements for recognition of the rights to intellectual property items invalid fully or partially, statements for recognition of trademark well-known in Ukraine and considerations of other questions which are within its competence according to this Law, other laws and regulatory legal acts of Ukraine;

2) the Bulletin - the official electronic bulletin NOIS;

3) geographical specifying - the name of the place identifying goods which come from certain geographical place and has the special quality, reputation or other characteristics caused mainly by this geographical place of origin, and at least one of production phases of which (production (production) and/or conversion, and/or preparations) is performed in certain geographical territory;

4) the geographical place - any geographical object with officially certain borders, in particular: country, region as part of the country, settlement, area, etc.;

5) the state system of legal protection of intellectual property - the central executive body which provides forming and realizes state policy in the sphere of intellectual property, NOIS and set scientific, educational, information and others the corresponding specialization of the state companies, organizations, the organizations belonging to the sphere of management of the central executive body which provides forming and realizes state policy in the sphere of intellectual property;

6) No. 703-IX Is excluded according to the Law of Ukraine of 16.06.2020

7) the request - set of the documents necessary for registration of geographical specifying;

8) the applicant - person or consolidation of persons who submitted the application;

9) the name of the place of goods origin - type of geographical specifying which means the name identifying the goods coming from certain geographical place and has special qualities or properties, only or mainly caused specific geographical by the circle with natural and human factors inherent in it and which all production phases (production (production) and/or conversion, and/or preparation) are performed in certain geographical territory;

10) the name which became specific - the name of goods which though is the name of the geographical place in which at first the goods of this type were made and/or remade, but in Ukraine turned into the all-used name of certain type of goods regardless of the specific place of its origin, including derivative of such name;

10-1) National authority on intellectual property (further - NOIS) - the state organization which enters the state system of legal protection of intellectual property, determined at the national level and the Cabinet of Ministers of Ukraine as performing the powers in the sphere of intellectual property determined by this Law, other laws in the sphere of intellectual property, acts of the central executive body which provides forming and realizes state policy in the sphere of intellectual property and the charter and has the right to represent Ukraine in the international and regional organizations;

11) person - physical person or legal entity;

12) registration - state registration of geographical specifying;

13) register - The state Register of Ukraine of geographical instructions which is kept electronically;

14) the specification of goods - set of data on goods concerning which geographical specifying is used;

15) specially authorized body - the central executive body determined by the Cabinet of Ministers of Ukraine given authority in coordination of the specification of goods and changes in it and on control of special qualities or other characteristics of goods concerning which geographical instructions, and also concerning delimitation of geographical places with which these special qualities or other characteristics, and producers of the specified goods within these geographical places are connected are used;

16) No. 703-IX Is excluded according to the Law of Ukraine of 16.06.2020

17) Certifying commission - the NOIS collegiate organ which main objective of activities is carrying out certification of persons which expressed intention to acquire the right to occupation activities of the representative for intellectual property (patent agent);

18) the Appeal commission - the NOIS collegiate organ which main objective of activities is consideration of claims of candidates for representatives for intellectual property (patent agents) on the solution of certifying commission and consideration of claims to actions of representatives in cases of intellectual property (patent agents).

Article 2. Legislation of Ukraine on legal protection of geographical instructions

The legislation of Ukraine on legal protection of geographical instructions consists of this Law, the laws of Ukraine "About protection against unfair competition", "About protection of the rights to trademarks", "About consumer protection", "About advertizing", the laws regulating preparation for registration, use and protection of geographical instructions concerning agricultural products (agricultural goods), foodstuff, wines, the flavored wine products, alcoholic drinks, and also control concerning such geographical instructions and other regulatory legal acts.

Article 3. Powers of the central executive body which provides forming and realizes state policy in the sphere of intellectual property

1. Treats powers of the central executive body which provides forming and realizes state policy in the sphere of intellectual property:

ensuring normative legal regulation in the sphere of protection of the rights to geographical instructions;

determination of the priority directions of development of the sphere of protection of the rights to geographical instructions;

interaction and coordination with the central executive bodies, other public authorities in the course of forming and realization of state policy in the sphere of intellectual property, and also for the purpose of strengthening of protection of intellectual property rights;

development of suggestions for improvement of the legislation in the sphere of legal protection of intellectual property;

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