Laws
The Law of the Republic of Armenia on Geographical Indications (comes into force from July 1, 2010)
Chapter 1: Basic provisions
Article 1. Objectives and the scope of the Law1. This Law shall regulate the relations concerning registration, legal protection and use of the names of geographical indications, registration of designation and guaranteed traditional product.
2. The provisions of this Law shall apply to the agricultural products and food-stuff, 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 - title of a territory (settlement) of a certain area or, in exceptional cases, of a country, which directly or indirectly identifies the territory, area or country of origin of a product and the specific quality, reputation or other characteristics of that product are primarily conditioned by the geographical origin, while the production and/or processing and/or preparation of that product take place in that particular geographic location;
Designation of origin – the geographical name of a territory (settlement), a certain area or, in exceptional cases, a country, which serves as a designation of a product, which has originated from that territory, a certain area or country, and the quality or characteristics (qualities) are primarily or totally conditioned by geographic conditions, including natural and human factors, and the production, processing and preparation of which take place in that particular geographic location;
Guaranteed traditional product – agricultural product or foodstuff with well-known characteristics, that is registered in accordance with this Law;
Generic name– name of a product, where even if it contains the name of the territory (settlement), of 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 product 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, designation of origin and guaranteed traditional products, conducting examination and registration thereof;
(2) issuing certificates of right to use the geographical indications, designation of origin and guaranteed traditional products on behalf of the State;
(3) maintaining of a Register for the geographical indications, designation of origin and guaranteed traditional products, as well as a list of those using the geographical indications and designation of origin;
(4) providing information services with regard to the geographical indications, designation of origin and guaranteed traditional products;
(5) representing the Republic of Armenia in foreign and international organisations operating 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, designation 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, designation 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 Appeals 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.
