Which designation shall be registered as appellation of origin?

As an appellation of origin registered a name, which is characterized by the following features:

–     The official modern name of the particular locality name of the country, countryside, village, mountains, rivers, lakes, and historical place names);

–   Good (item) with specific features (they define the uniqueness of elitism or goods, they must be stable and indisputable);

–   Geographical environment, including natural conditions (climate, lay of land, soil characteristic, flora,  water consistence, condition – number of sunny days per year etc. and human factors (professional experience, culture, manufacturing tradition, and ethnographic features etc.);

– Dependence of specific properties of the product on the geographic environment.

What designation shall not be considered as appellation of origin?

Not recognized designation, although constituting or containing the name of a geographic feature, but come in the Kyrgyz Republic into general use as a symbol of a certain type of product, not related to the place of its manufacture.

Who can register an appellation of origin?

An appellation of origin may be registered by one or several juridical or natural persons. However, not every person has a right to be registered. This person/these persons must be located within the territory of such geographical subject of the designation to be registered as appellation of origin. Moreover, this subject itself, directly, must produce the goods with special properties, i.e. not allowed the right to use the appellation of origin of the subjects involved only brokering for the goods with special properties.Law grants the right to use the registered appellation of origin not only to the person (or persons) to register the name, but also to others, but under certain conditions. Entity applying for the receiving of this law shall be located in the same geographical area as the original owner of the rights. Manufactured goods must have the same special features as the original owner of the right product.

Applicant can directly file or through a patent attorneys registered at Kyrgyzpatent with the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent).

What documents must contain an application for registration and the right to use the appellation of origin?

Application for registration and the right to use the appellation of origin (hereinafter – application) should contain:

–  Application for registration and granting the right to use the appellation of origin or granting the right to use the registered appellation of origin indicating the applicant (s) and its (their) location or residence;

–  Applied designation;

–  Type of product, to indicate which registration is sought and granting the right to use the appellation of origin, or granting the right to use the registered appellation of origin, indicating the place of production (the geographical boundaries of the object);

– Description of specific properties of the product.

The application shall be attached: К заявке должны быть приложены:

– Decision of the competent authority that the applicant is in the geographical area specified and produces good special properties of which are determined by the geographical area in natural conditions or human factors or natural conditions and human factors;

–    For foreign applicant, document confirming his right to the claimed appellation of origin in the country of origin;

–      Document confirming payment of the fee.

Can a person who has the right to use the appellation of origin, assign to anyone the right to grant a license or to use a registered appellation of origin?

Can not. The right to use the appellation of origin is inalienable. It does not matter the location of the subject and the fact that the exercise of the production of goods with similar special properties. Only the State represented by the authorized body may grant the right to use the appellation of origin.

What is the validity of the certificate for the right to use the appellation of origin?

The certificate is valid for ten years from the date of receipt of the application to Kyrgyzpatent.

The period of validity may be extended each time for ten years at the request of the certificate holder and subject to the submission of the competent body certifying that the holder is in a given geographical area and produces goods specified in the certificate properties.

In which case the legal protection of an appellation of origin can be terminated?

Legal protection of the Appellation of Origin is terminated if its registration to be invalid because of violation of the requirements established by law.

Action appellation of origin is terminated in connection with the disappearance of the characteristic of the geographical area and impossibility of a commodity with the properties indicated in the Register.

Action appellation of origin in the name of a foreign entity or person in addition to these bases is also terminated due to the loss of rights to the appellation of origin in the country of origin.