Law “On geographical indications” comes into force
The President signed the Law ZRU-757 dated March 3, 2022 “On geographical indications”. The purpose of the Law is to regulate relations in the field of legal protection and use of geographical indications.
The law includes:
• concept of geographical indication. This is a designation that identifies a product as originating in the territory of a certain geographical area, where the quality, reputation or other characteristics of the product depend to a large extent on its geographical origin;
• determination of the authorized state body in the field of legal protection of geographical indications. They are the Agency for Intellectual Property under the Ministry of Justice;
• the procedure for registration of a geographical indication and its cancellation. A geographical indication may be registered at the request of several legal or natural persons (in exceptional cases, one person, if there are no others, or they do not express a desire to participate in the filing of the application), located in this geographical object, the name of which is used to designate the goods they produce. The registration of a geographical indication is canceled on the basis of a decision of the Board of Appeal in connection with:
- the impossibility of producing goods with the characteristics specified in the register;
- the loss by foreign legal entities or individuals of the right to this geographical indication in the country of origin of the goods;
- definition of signs that are not subject to registration as geographical indications. Not subject to registration as a geographical indication designation, etc.
The adopted law defines the procedure for issuing a certificate of the right to use a geographical indication, its validity period, making changes to the certificate, as well as recognizing it as invalid and terminating it. The certificate is issued by the Agency within three working days after the registration of the right to use the geographical indication in the register.
The owner of the certificate has the right to use the geographical indication in any way that does not contradict the law, including:
• on goods, labels, packaging of goods that are produced, offered for sale, sold, demonstrated at exhibitions and fairs or otherwise introduced into civil circulation on the territory of Uzbekistan, or stored or transported for this purpose, or imported into the territory of the republic;
• on letterheads, invoices, other documentation and printed publications related to the introduction of goods into civil circulation;
• in offers for the sale of goods, as well as in advertisements, on signs and in advertising.
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