Laws

The Law of the Republic of Armenia on Geographical Indications

Chapter 1: Basic provisions

Article 1. Objectives and the scope of the law

1. This Law shall regulate the relations concerning registration, legal protection and use of geographical indications, designations of origin and guaranteed traditional products.
2. The provisions of this Law shall apply to the agricultural products and foodstuff, except for natural and mineral waters.

Article 2. Concepts used in the law

The main concepts used for the purposes of this Law are as follows:

Geographical indication – the name of a territory (settlement), a certain area or, in exceptional cases, a country, which used to describe a product originating in that territory, specific area or country and which possesses specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in that particular geographical area;

Designation of origin – the geographical name of a territory (settlement), a certain area or, in exceptional cases, a country, which used to describe a product originating in that territory, specific area or country and the quality or characteristics (qualities) of which are essentially or exclusively due to a particular geographical envirenement, including natural and human factors, and the production, processing and preparation of which take place in that particular geographical area;

Guaranteed traditional product – agricultural product or foodstuff with well-known characteristics that is registered in accordance with this Law;

Generic name– the name of a product, which although it contains the name of the territory (settlement), a certain area or a country, where that particular product was originally produced or put into commercial circulation, has lost its initial meaning and has become a common name for the product produced in the Republic of Armenia;

Product – agricultural product or foodstuff;

Specifics – a characteristics or a set of characteristics, which distinguish that particular product from other similar products of the same category;

Traditional – use in the market over a long period of time, which proves the fact of transferring it from generation to generation (that period should correspond to the commonly accepted known duration of human generation, which is at least 25 years);

Geographical name – name of an existing territory, area or country;

State authorized body – a national body of executive power authorised by the Government of the Republic of Armenia on Intellectual property subject matters which, in accordance with this Law and its Statute, carries out the functions with regard to granting legal protection to geographical indications, designations of origin and guaranteed traditional products;

Board of Appeal - Board established in the State Authorized Body to solve the disputes connected with legal protection of geographical indications, designations of origin and guaranteed traditional products;

Group – any association of manufacturers or processors which regardless of its organizational-legal form and composition, operates on the basis of its statute and runs manufacturing activities over the goods stated in the application;

Date – day, month, year;

Mutatis Mutandis – with the necessary changes made (within the meaning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)).

Article 3. Legislation on the geographical Indications, designations of origin and guaranteed traditional products

1. The legislation on geographical indications, designation of origin and guaranteed traditional products consists of the Civil Code of the Republic of Armenia, this Law and other legal acts.

2. Where there are norms defined under the international treaties of the Republic of Armenia other than those prescribed under this Law, then the norms of international treaties shall be applied.

Article 4. Rights of foreign persons

1. Foreign physical and legal entities shall, in accordance with international treaties to which the Republic of Armenia is a party, or under the principle of reciprocity, enjoy the rights provided for by this Law and bear liability on an equal basis with the citizens and legal entities of the Republic of Armenia.

2. For the purpose of benefiting from the principle of reciprocity, the existence of reciprocity shall be established by the person seeking to benefit from it.

Article 5. State authosrised body

1. The main functions of the state authorised body under this Law shall be the following:
(1) accepting and considering applications for the registration of geographical indications, designations of origin and guaranteed traditional products, examination and registration thereof; (2) issuing certificates of right to use the geographical indications, designations of origin on behalf of the State;
(3) maintaining of a Register for geographical indications, designations of origin and guaranteed traditional products, as well as a list of those using the geographical indications and designations of origin;
(4) providing information services with regard to the geographical indications, designations of origin and guaranteed traditional products;
(5) representing the Republic of Armenia in foreign and international organisations in the field of intellectual property;
(6) implementing other functions within the scope of its competences.

2. The state authorised body shall publish information concerning registered geographical indications, designations of origin and guaranteed traditional products, and other information relating to its activities in its “Industrial Property” Official Bulletin.

3. The Board of Appeal of the state authorised body shall dispose of disputes related to legal protection of geographical indications, designations of origin and guaranteed traditional products and its decision shall be considered as final decision of the state authorised body. Any decision of the Board of Appeal may be subject to judicial appeal. The Statute of the Board of Appeal and the procedure for examination of appeals shall be approved by the Government of the Republic of Armenia.

Article 6. State fees

State fees shall be charged for the purposes of implementing certain operations with regard to acquisition and protection of rights under this Law. Types of state fees, their amount and timelines for their payment, refund of state fees, decreasing the amount of fees, as well as grounds for exempting from state fees and the procedure thereof shall be prescribed by Law.