Geographical Indications Law in Ukraine
Here’s an overview of Geographical Indications (GI) law in Ukraine:
🇺🇦 Geographical Indications Law in Ukraine
1. Legal Framework
GIs in Ukraine are protected under the Law of Ukraine on Protection of Rights to Indications of Origin of Goods and Geographical Indications (enacted in 2003).
Additionally, GIs are protected under the Law on the Protection of Rights to Marks for Goods and Services.
Ukraine is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which requires GI protection.
Ukraine also cooperates with the European Union and is harmonizing its GI laws in line with EU standards as part of the EU-Ukraine Association Agreement.
2. Definition and Scope
A Geographical Indication is an indication that identifies a product as originating from a particular region, where a given quality, reputation, or other characteristic is essentially attributable to its geographic origin.
The law covers:
Agricultural products
Foodstuffs
Wines and spirits
Handicrafts and industrial products linked to a specific geographic origin
3. Types of Protection
Ukraine provides protection for:
Appellations of Origin (AO) — products whose qualities are exclusively or essentially due to the geographical environment.
Geographical Indications (GI) — products with a quality or reputation attributable to the geographic origin.
Both types require registration for protection.
4. Registration Process
Applications are filed with the Ukrainian Intellectual Property Institute (Ukrpatent).
Requirements include:
Name of the indication
Description of the product and production method
Geographical area and link to the product quality or reputation
Proof of origin and specifications
Ukrpatent examines the application and publishes it for opposition.
After any oppositions are resolved, the GI or AO is registered.
5. Duration and Renewal
Protection is granted for 10 years from the date of registration.
Registrations can be renewed indefinitely for successive 10-year periods.
6. Rights and Enforcement
Registered GIs or AOs confer exclusive rights to use the indication for authorized producers.
Unauthorized use or misuse is prohibited and actionable.
Enforcement can be pursued through civil courts and administrative authorities.
Customs authorities also assist in enforcement against counterfeit or misleading uses.
7. International Relations
Ukraine protects foreign GIs as per TRIPS.
Under the EU-Ukraine Association Agreement, Ukraine undertakes to align its GI protection with EU standards.
Ukraine participates in international intellectual property forums.
8. Examples
Ukrainian GIs include:
Crimean Wines (AO)
Khortytsia Vodka (GI)
Carpathian honey
Poltava borscht
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Protection of Rights to Indications of Origin (2003) |
| Registration Authority | Ukrainian Intellectual Property Institute (Ukrpatent) |
| Duration | 10 years, renewable |
| Eligible Products | Agricultural, foodstuffs, wines, spirits, handicrafts |
| Protection Types | Appellations of Origin (AO), Geographical Indications (GI) |
| Enforcement | Civil, administrative, customs |
| International Compliance | WTO TRIPS, EU Association Agreement |
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