The specifics of conducting a formal examination of applications for geographical indications and appellations of origin of goods
Abstract
The article discusses the procedure for examining applications for state registration of geographical indications (GI) and appellations of origin of goods and (or) granting the exclusive right to such GI or appellations of origin of goods in the Russian Federation. Based on the analysis of the norms of the Civil Code of the Russian Federation and by-laws, the content of the formal examination is disclosed in detail, as well as the requirements for the preparation of applications for GI or appellations of origin of goods. The key stages of the formal examination are analyzed: verification of the completeness of documents, compliance of the form and content of the application with the established requirements. The main research methods are analysis, generalization, comparative and normative methods. The novelty and practical value of the study lie in the fact that based on the analysis carried out, the authors identify typical mistakes of applicants when applying for GI and appellations of origin of goods and suggest ways to prevent them. Therefore, special attention is paid to the typical mistakes of applicants when filling out applications for the GI or appellations of origin of goods, which allows us to formulate practical recommendations for improving the quality of filling out applications for the GI or appellations of origin of goods. The article analyzed the mistakes of applicants using the example of specific applications for GI or appellations of origin of goods from the practice of FIPS, which are faced by government experts in the framework of a formal examination. The most common mistakes of applicants are noted – incorrect filling in of the application form for the GI or appellations of origin of goods. The article suggests specific measures to minimize the risks of sending requests for applications for GI or appellations of origin of goods in order to speed up the process of state registration of GI or appellations of origin of goods, as well as obtaining the exclusive right to such a GI or appellations of origin of goods. The results of the study can be useful for both applicants and specialists in the field of intellectual property.
About the Authors
A. E. SychevRussian Federation
Aleksey E. Sychev, Cand. Sci. (Law), Head of the Department of Examination of Applications for Appellation of Origin and Geographical Indications
Moscow, Berezhkovskaya emb., 30, bld. 1
M. M. Tancheva
Russian Federation
Mariia M. Tancheva, State Expert on Intellectual Property of the 2nd category, Department of Examination of Applications for Appellation of Origin and Geographical Indications
Moscow, Berezhkovskaya emb., 30, bld. 1
A. V. Oplachko
Russian Federation
Anastasia V. Oplachko, State Expert on Intellectual Prop- erty of the Department of Examination of Applications for Appellation of Origin and Geographical Indications
Moscow, Berezhkovskaya emb., 30, bld. 1
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Review
For citations:
Sychev A.E., Tancheva M.M., Oplachko A.V. The specifics of conducting a formal examination of applications for geographical indications and appellations of origin of goods. Bulletin of Federal institute of industrial property. 2025;4(4):326–333. (In Russ.)
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