Potential of Geographical Indications for Kazakh Products and
- Slides: 34
Potential of Geographical Indications for Kazakh Products and the National Legal Framework for Geographical Indications Astana, 08. 12. 2016
Indication of source Geographical indication Appellation of origin of good
Legal protection of objects of industrial property in Kazakhstan Inventions Utility models Industrial designs Selection achievemnts Trademarks (service marks) Trade names APPELLATIONS OF ORIGIN OF GOODS
Paris Convention for the Protection of Industrial Property Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
Registration and protection appellations of origin of goods in Republic of Kazakhstan Civil Code (Special Part) Law On Trademarks, Service Marks and Appellation of Origin
STATE REGISTER
OFFICIAL BULLETIN
�Geographical Indication �Appellation of origin of good � an indication identifying goods � a designation which constitutes or contains the name of the country, that originate in the certain region, population center, area or territory, region or area any other geographical indication as well as any indication derivative of such name and became famous as a result of using it in relation to the good which special characteristics, quality, reputation or other characteristics are connected with its geographical origin including the specific environmental conditions and (or) human factor
Requirements for application � Application shall relate to one appellation of origin and shall contain: � 1) request to carry out examination of the name and (or) to grant the right for the name where the applicant (applicants) as well as his (their) location or residence shall be indicated; � 2) designation in regard to which the application is filed; 3) kind of the good; 4) description of the specific characteristics of the good; 5) indication of the place of good manufacture (limits of geographical location). � In case of records management through the representative the power of attorney shall be attached to the application. The proof of payment for service of the expert organization on carrying out the examination shall also be attached to the application.
� National applicant � The application shall include the opinion of the local executive authority that the applicant produces the good within the borders of the mentioned geographical location and the special features, quality, reputation or other characteristics of this good are mainly determined by the environmental conditions and (or) human factors typical for this geographical location. � Foreign applicant � The document confirming the applicant’s right for the requested appellation of origin shall be attached to the application.
The designations may not be registered as appellations of origin if they � The designations which are or contain the name of geographical location but entered in the Republic of Kazakhstan into common use as designations of the specific kind of good not related to the place of its production; � are names of the geographical locations that may mislead as of the place of production of the good; � formally indicate the real place of production of the good but give the false impression that the good originates from another territory; � contain the names of geographical locations not related to the place of production of the good.
Are there any restrictions (limitations) of certain kinds of goods in respect of which appellation of origin is registered? Secured in legislation limitations of kinds of goods in respect of which appellation of origin may be registered
Вид товара Общее количество Национальные и иностранные Kind of good Total National and foreign Общее количество зарегистрированных – 38 Total – 38 НАЦИОНАЛЬНЫЕ – 10 National – 10 ИНОСТРАННЫЕ – 28 Foreign – 28 Mineral water 11 National: 6 Foreign: 5 Therapeutic mud 1 National Fermented milk 2 National products Cheese Wines 1 18 Foreign Beer 2 Vodka Herbal liqueur Fish and fish products 1 1 1 National: 1 Foreign
Appellations origin of goods Country of origin Mineral waters Therapeutic mud Republic of Kazakhstan Russian Federation Georgia Republic of Kazakhstan Fermented milk products Republic of Kazakhstan Cheese Italy Wines Georgia Beer Vodka Republic of Kazakhstan Czech Republic Russian Federation Herbal liqueur Czech Republic Fish and fish products Republic of Armenia
Problems with registration object Аpplication Applicant Document certifying that the applicant produces the good in this region - local executive authority Document certifying existance of special properties, quality, reputation or other characteristics related to the place of origin- ? Expert organization
Changes to the Law in regard to appellations of origin Additional materials for national applicants: -the opinion of the local executive authority that the applicant produces the good; -document certifying one of the following criteria: special properties, quality, reputation or other characteristics related to the place of origin Excluded «exclusive right» . One-level system of registration objects of industrial properties.
One-level system of registration objects of industrial properties Applicant Expert organization Authorized body Expert organization Applicant Оwner
Mineral water “Saryagash” Therapeutic mud “Kaskak”
Оther goods
- Kazakh university of technology and business
- Geographical position of a potential new business
- Innovative and functional products
- Types of graded potentials
- Define electric potential and potential difference.
- Units of electric potential energy
- Water potential
- Market potential and forecasting
- Electric potential and potential difference
- Potential and potential difference
- Peelectric
- Electrical potential
- Pepsi products vs coke products
- Flaccid cell
- Water potential equation
- Graded potential vs action potential
- Action potential
- Graded vs action potential
- Graded vs action potential
- Osmotic potential vs water potential
- Source of bioelectric potential is
- Transmission across a synapse
- Neuromuscular junction
- Action potential resting potential
- Action potential resting potential
- Electrical potential energy
- Geographical names with and without the
- Indications and appellations of origin
- Geographical names with and without the
- Geographical position of ukraine
- What does a human embryo look like
- Registration process of geographical indication
- Registration of geographical indication
- Southeast region products
- Nature of geographic data