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Laws

The Law of the Republic of Armenia on Geographical Indications

• Chapter 1 - Basic provisions
• Chapter 2 - Legal protection
• Chapter 3 - The process of registering geographical indication, designation of origin and guaranteed traditional product
• Chapter 4 - Appeal against the decisions. Contradiction with other rights. Supervision
• Chapter 5 - Transitional provisions and entry into force of the law

Chapter 2: Legal protection

Article 7. Basic provisions of legal protection

In the Republic of Armenia, geographical indications, designations of origin and guaranteed traditional products shall be granted legal protection by virtue of their registration in accordance with this Law.

Article 8. Conditions for protection of geographical indication and designation of origin

1. As a geographical indication shall be protected the name of a territory, settlement, a certain area or, in exceptional cases, a country, which is used to describe the product:
1) that has originated from that territory, settlement, certain area or country;
2) specific quality, reputation or other qualities of which are essentially conditioned by its geographical origin; and
3) that has been produced and/or processed and/or prepared in that particular geographical location.

2. As a designation of origin shall be protected the name of a territory or a settlement, certain area or, in exceptional cases, the geographical name of the country is used to describe the product:
1) that has originated from that territory, settlement, certain area or country;
2) specific quality, reputation or other qualities of which are essentially or exclusively conditioned by that geographical conditions, including natural and human factors; and
3) which has been produced, processed and prepared in that particular geographical location.

3. Traditional geographical or non-geographical names of the product, which comply with the requirements set out in paragraphs 1 and 2 of this Article, can also be protected as geographical indications or designation of origin.

4. Regardless the provisions set out in clause 1 of paragraph 2 of this Article, designation of origin shall be made equal to certain geographical names in case, where the original raw material used for the production of products with those names, has originated from a wider geographical location or another territory, which is different from the location, where that product is processed with the condition, that:
1) the boundaries of the territory where the initial raw material is produced, are determined;
2) special conditions for the production of initial raw material are created;
3) inspection control is organized, which fulfil the conditions referred to in clause 2 of this paragraph.

5. Only live animals, meat and milk shall be considered as raw material for the purposes of paragraph 4 of this article.

6. For wines “geographical indication” means an indication referring to a region, a specific place or, in exceptional cases, a country, used to describe a product, which complies with the following requirements:
(i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;
(ii) at least 85 % of the grapes used for its production come exclusively from this geographical area;
(iii) its production takes place in this geographical area;
(iv) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

7. For wines ‘‘designation of origin’ for wines means the name of a region, a specific place or, in exceptional cases, a country used to describe a product that complies with the following requirements:
(i) its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
(ii) the grapes from which it is produced come exclusively from this geographical area;
(iii) its production takes place in this geographical area;
(iv) it is obtained from vine varieties belonging to Vitis vinifera.

8. For wines certain traditionally used names shall constitute a designation of origin where they:
(a) designate a wine;
(b) refer to a geographical name;
(c) meet the requirements referred to in paragraph 7 (i) to (iv);
(d) undergo the procedure conferring protection on designations of origin laid down in this Law.
9. For spirits a geographical indication shall be an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin.

Article 9. Legal protection of guaranteed traditional product

1. As a guaranteed traditional product can be protected the product which meets one of the following requirements:
1) is produced from initial traditional raw material;
2) is characterized by its traditional composition, or
3) is characterized by its production and/or processing method, which complies with the traditional method of the production and/or processing.

2. The characteristics or the set of characteristics that determine the specific feature of the product should be related to the physical and chemical, microbiological or organoleptic characteristics of the product, method of production or specific conditions. The appearance of the product shall not be considered to be the characteristics of its specific feature.

3. The guaranteed traditional product can be registered provided its name is in essence specific or expresses the specific feature of the product.

4. Specific name in essence shall be traditional and comply with established traditions.

5. The name of the guaranteed traditional product can contain geographical name, provided it does not damage the right to use the protected geographical indication or protected designation of origin.

6. The name of the guaranteed traditional product should not damage the trademark right or other intellectual property rights.

7. The name of a plant variety and an animal breed can be used in the name of a traditional guaranteed product, provided it does not mislead the consumer as to the nature of the product.

Article 10. Grounds for refusing to register the geographical indication, designation of origin and guaranteed traditional product

1. Those names, which do not comply with the conditions referred to in paragraph 1 of Article 8 of this Law, or, in respective cases, the conditions of paragraph 3 of this article of this Law, shall not be eligible for registration and protection as geographical indication.

2. Those names, which do not comply with the conditions referred to in paragraph 2, Article 8, or, in respective cases, the conditions of paragraphs 3 and 4 of this Article, shall not be eligible for registration and protection as designation of origin.

3. The names of those products that do not comply with the conditions of Article 9 of this Law shall not be eligible for registration and protection as guaranteed traditional product.

4. The following names shall not be eligible for registration and protection as geographical indication, designation of origin or guaranteed traditional product, which:
1) have become the generic name of the product;
2) contradict with public order, accepted principles of humanism or morality or undermines national or spiritual values.

5. The name cannot be registered as geographical indication or designation of origin, where it:
1) may mislead the consumer as to the true nature of good with respect to any trademark due to its reputation and recognition , as well as the duration of its use;
2) creates confusion with the names that are homonymous with names of plant varieties or animal breeds for comparable products if as of the date of filing the application for registration of the geographical indication or designation of origin the variety or breed is in such commercial production that the consumer may be liable to confuse the products bearing the registered name and the variety or the breed;

6. The registration of a name homonymous or partly homonymous to the protected name shall be rejected, where considering the local and traditional application, as well as the danger of confusing, the consumer may be mislead as to the true origin of the product, even if that name is true for that territory, area or residential area, from where the protected product with that very name is originated.

7. The product cannot be registered as a guaranteed traditional product, which specific feature is conditioned by its origin or geographical location. The name of a guaranteed traditional product can contain names of geographical locations, provided it does not infringe other earlier intellectual property rights, in particular that of for trademarks, protected geographical indications and designation of origin.

Article 11. Technical requirements

1. To acquire right over the protected geographical indications and designations of origin or for recognizing the product as guaranteed traditional product, it shall therefore meet the technical requirements approved by the authorised body in accordance with paragraph 1 of Article 38 of this Law.

2. The technical requirements of the geographical indication or designation of origin shall contain the following:
1) the geographical indication or designation of origin, which protection is claimed;
2) in case, where the product is necessary, also the name and description of the initial raw material, as well as the physical and chemical, microbiological or organoleptic characteristics of the product;
3) indication of the borders of geographical zone and, if necessary, indications, which evidence that the conditions laid down in paragraph 4 of Article 8 of this Law are complied with;
4) evidence, which prove the origin of a product from the given geographical zone in accordance with paragraph 1 or, where necessary, 2, 6, 7 or 9 of Article 8 of this Law;
5) description of producing methods and, if necessary, of the local honest and regularly practiced methods of the production of the product, as well as the description of packaging information, where the applicant indicates and justifies the necessity for packaging the product in the given geographical zone aiming to ensure quality protection or guarantee the origin or supervision;
6) indications, which justify the relation of the product characteristics and quality with the geographical environment, or, where necessary, the relation of product-specific qualities, reputation or other characteristics with its geographical origin;
7) names of state bodies or bodies authorized to implement supervision over the compliance with the provisions of technical requirements, their addresses, as well as the clarification of their duties;
8) special rules of processing of the given product;
9) other potential requirements, which shall be met in accordance with the current legislation.

3. Technical requirements of the guaranteed traditional product shall contain:
1) name of the guaranteed traditional product;
2) description of the product indicating its physical and chemical, microbiological or organoleptic characteristics;
3) description of production manner applied by the producers, including, upon need, the description of the nature and qualities of initial raw material or used components and production methods;
4) basic elements determining the specifics of the product;
5) essential elements, which determine that the product is traditional; and
6) minimum requirements of the product specifics and the description of evaluation process.

Article 12. Right of protection

1. Geographical indication, designation of origin or guaranteed traditional product is eligible for registration, where:
1) it complies with the provisions of Article 8 or, in respective cases, of Article 9, as well as Article 11 of this Law, and the provision of protection shall not be rejected in accordance with the provisions of Article 10;
2) the application submitted for registration meets the requirements referred to in this Law.

2. Only the group shall be entitled to submit an application for registeration of a geographical indication, designation of origin or guaranteed traditional product which carries out activities in production of goods mentioned in the application and the production as the outcome of such activity meets the requirements of Article 8 or 9 of this Law.

3. To the group, submitting application for the registration of the geographical indication, designation of origin or guaranteed traditional product:
1) may be made equal to one physical or legal persons, if, as of the date of submitting the application, he is the only person implementing the production activity of the products stated in the application;
2) may join as well other interested persons.

4. The group may submit application for registration in accordance with paragraph 2 of this Article only for those products which it produces or mines.

5. The right of use the protected geographical indication or protected designation of origin belongs jointly to those persons who produce and/or process and/or prepare in respective geographical zone in the meantime complying with provisions of technical requirements.

6. Any physical or legal person located in respective geographical zone, that produces and/or processes and/or prepares product in accordance with the provisions of technical requirements for protected geographical indication or protected designation of origin, may submit an application to the state authorized body to acquire the right to use it.

7. Any physical or legal person that puts the guaranteed traditional product into commercial circulation for the first time, even if they are a member of the group, shall be obliged to, in advance, notify to competent bodies in writing, listed in Article 37 of this Law.

Article 13. Validity period and renewal of the right to use

1. The protection of geographical indication or designation of origin or guaranteed traditional product shall be in force from the year of filing application with the state authorized body, without limitation of term.

2. The right to use the protected geographical indication or designation of origin shall be entitled for a period of ten years. This date can be extended for no more than ten years for every single time, provided the technical requirements of that particular product are met.

3. The proprietors of the right to use the protected geographical indication or designation of origin, before the termination of each ten-year period, may apply to the state authorized body for its renewal. The request on renewal shall be submitted to the state authorized body along with the certificate on protection of product-specific qualities issued by competent body, as well as the payment receipt of state fee as prescribed by the Law for the cases of renewal of the right to use.

4. The request form on renewal of the right to use, the procedure for submission and examination thereof shall be defined by the Government.

5. The request on renewal of right to use protected designation of origin or geographical indication shall be submitted by the proprietor of the right or his representative.

6. The request on renewal of the right to use shall be submitted throughout the last year of its validity. The application can be submitted after the completion of its 10 years of validity under the condition of paying additional state fee within a period of six months.

7. The renewed term of the right to use shall be effective from the day following the previous ten year period. The data on renewal of validity of registration shall be entered into the Register for geographical indications or designation of origin maintained by the state authorized body and published in the "Industrial Property" Official Bulletin.

Article 14. Validity period of registration of geographical indication and designation of origin

1. Registered geographical indications and designation of origin shall be protected:
1) from any direct or indirect commercial use of the registered name, for products not covered by the registration to the extent, where those products are comparable with the products registered under that name or to the extent, where such use allows to benefit from the reputation of the protected name;
2) from any misappropriation, reproduction, imitation or any use creating evocation (association) to them, (even where the true origin of the product is mentioned), or its protected name is used in translation, or is accompanied with such expressions as “gender”, “kind”, “type”, “style”, “imitation” or similar other expressions;
3) from any false or misleading indication referring to the origin, geographical location, natural conditions or essential qualitative features of the product, which are found on the product or its packaging, advertisement, documents of the given product or containers designed for packaging, which can mislead as to the geographical origin of the product;
4) from any action, which can mislead the consumer as to the true geographical origin of the product.

2. Protected names cannot become generic names.

3. The right to use the geographical indication or designation of origin shall arise from the registration thereof. Registered geographical indication or designation of origin cannot become an object of transfer or of a licence or any other economic right.

4. Illegal use of the indications “Protected geographical indication” or “Protected designation of origin” or other corresponding indications, symbols shall be prohibited.

Article 15. Protection of guaranteed traditional product

1. The names of guaranteed traditional products registered in accordance with this Law shall be protected:
1) from any action misleading the consumer, especially that of leading to the assumption that it is a guaranteed traditional product;
2) from any type of imitation of registered name, that is reserved under paragraph 2 of Article 40 of this Law.

2. The use in trade of the names of products which may be confused with the names registered in accordance with paragraph 2 of Article 40 of this Law shall be prohibited.

3. Illegal use of “Guaranteed traditional products” or other corresponding indications, symbols shall be prohibited.

Article 16. Termination of protection and revocation of right

1. The rights acquired on the basis of registration shall be terminated:
1) from the date of filing an application for registration, where the registration is deemed to be invalid;
2) from the date of withdrawal, where the protection is withdrawn.

2. The registration of geographical indication, designation of origin or guaranteed traditional product shall be deemed invalid, where it has taken place through infringement of the provisions of this Law.

3. The protection of geographical indication or designation of origin shall be withdrawn, where:
1) it is not possible anymore to obtain products compliant with the technical requirements in the result of changes or elimination of the natural conditions typical for the mentioned geographical zone and/or human factors as prescribed by Article 8 of this Law;
2) that particular geographical indication or designation of origin is no more protected in the country of origin where the geographical zone belongs to another country.

4. The protection of geographical indication or designation of origin shall be withdrawn, where the body, assigned in accordance with Article 37 of this Law, identifies incompliance between the real characteristics of the product and its technical requirements where there is no way to eliminate these.

5. The state authorized body shall terminate the validity of the certificate for the right to use geographical indication or designation of origin:
1) in accordance with paragraph 1 of this Article;
2) where the legal person considered to be the proprietor is dissolved;
3) on the basis of the request of the proprietor;
4) on the basis of inquiries by the assessing body assigned under Article 37 of this Law, where it thinks that the technical requirements have not been complied with.