Protection of the indication of geographical origin is realized in two phases, in the first phase the GI is registered (appellation of origin or geographical indication), and in the second phase the recognition of the status of the authorized user of the geographical indication of origin is granted.
Who can file the application for the registration of the indication of the geographical origin?
The application can be filed by domestic natural person or legal entity persons who on certain geographical area produce products marked with the name of the geographical area, or association of the mentioned persons, chamber of commerce, association of producers and government bodies interested for the protection indications of geographical origin. It can be filed also by foreign applicant, if the indication is recognized in the country of origin, when it arises from international agreements.
Which conditions one product must fulfill in order to be protected?
In order for the certain product to be marked by the appellation of origin, there needs to be a clear link between its characteristics and its geographical area. The characteristic of the product must be exclusively or essentially conditioned by its geographic origin. In addition, it is necessary that all its production phases – preparation, processing and production – take place on the mentioned geographical area.
Geographical indication is used to mark the goods originating from the territory of a certain country, region or locality, where certain quality, reputation or other characteristics of goods can essentially be attributed to its geographical origin. The production and /or processing and / or preparation of those goods must be taking place on a certain limited area.
How to initiate production procedure?
By filing application for the registration of an indication of geographical origin in the Intellectual Property Office, or by filing the application for the recognition of the status of the authorized user of the appellation of origin or the geographical indication.
Application can be filed by post, electronically or directly in the receiving office of the IPO. Application can not be filed by fax.
Application can refer only to one appellation of origin or geographical indication and only to one kind of products.
Which are parts of the application for the registration of the indication of the geographical origin?
A formally correct application should contain:
a) Request for the registration of the appellation of origin or geographical indication;
b) Description of the geographical area;
c) Data on the specific characteristics of the products.
Request for the registration of the appellation of origin, or geographical indication must contain: data on the applicant; geographical name being protected; kind of product marked by a certain geographical name; geographical name of the area or place from which the product originates marked by a certain geographical indication; title of the certification body performing quality control and special characteristics of the product; signature of the applicant and the proof on the paid prescribed fee.
If the foreign natural person or legal entity, or foreign association files the application, the request should contain also public document issued by the competent body in the state of origin confirming that the appellation of origin or geographical indication is recognized in the state of origin.
Description of geographical area contains data on geographical area from which the product originates and it includes closer determination of the boundaries of that area, geographical map of that area and data about geographical and human factors causing specific characteristics, quality and reputation of the products in question. The boundaries of the geographical area are determined by precise statement of residential and natural geographical objects (mountains, mountain ranges, rivers, plains, etc.) enabling the given area to be distinguished from other areas.
Data about specific characteristics of the products, if it concerns application for the appellations of origin, are filed in the form of the elaborate which contains:
1) Data about applicant of the appellation of origin and person authorized to represent him;
2) Protected geographical name;
3) Data about the customary manner and production procedure of the products;
4) Data on special features and quality of products;
5) Data on causal connection between the special features and quality of products and the described geographical area, as well as proof that the product originates from the described geographical area;
6) Data proving that the product originates from the designated geographical area;
7) Proof on the performed control of raw material in the meaning of article 7 of the Law on the Indications of Geographical Origin;
8) Provisions of the manner of marking products;
9) Data on the amount of products produced in the course of one year.
Constituent part of the project report is the proof on the performed quality control and special characteristics of products.
Data on the specific characteristics of products, if it concerns the application of the geographical indication are filed in the form of specification containing:
1) Data on the applicant filing an application for the GI and the person authorized to represent him;
2) Designation which is protected;
3) Description of the manner of the production of products;
4) Data about the quality or special characteristics of products or data about the acquired reputation;
5) Data about the causal connection between quality or reputation or other special characteristics of products and the described geographical area, as well as proof that the product originates from the described geographical area;
6) Data proving that the product originates from the designated geographical area;
7) Provisions on the manner of marking of the product.
If special characteristics of the product refer to the quality or special characteristics of the product, the constituent part of the specification is also proof on the performed quality control, or special characteristics of that product.
What are parts of the application for the recognition of authorized user status of the indication of geographical origin?
Formally correct application should contain:
a) Request for the recognition of the status of the authorized user of the indication of geographical origin;
b) Proof on the performance of certain activities on certain geographical area;
c) Proof on the performed quality control and special characteristics of the product by the certification body mentioned in the application for the grant of the appellation of origin or geographical indication.
Request for the grant of the status of the authorized user indication of geographical origin: data on the applicant; indication of geographical origin (GI) for which the status of authorized user is sought; type of the product marked by the GI; name of the area or place from which the product originates; manner of marking the product; image of the geographical indication or appellation of origin; designation of special characteristics of products; designation whether the application for the recognition of the status of the authorized user refers to the appellation of origin or geographical indication; name of the certification body performing quality control and special characteristics of products; signature of the applicant; proof on the paid prescribed fee.
Proof on the performed quality control and special characteristics of the products shall be taken to be the certificate on the performed control of quality and special characteristics of the product issued by the certification body, which must not be older than three months.
What is the procedure of the examination of the application for the indication of geographical origin?
When the applicant files the application for the registration of the GI, it shall be examined if such application contains all the essential elements of the application, such as the request for registration, description of the geographical area and data on the specific characteristics of products. If some of the elements of the application are missing, the application shall not be entered in the Register of applications for the grant of GIs. If the application contains all the essential elements, it shall be entered in the Register of Applications, where it shall be allotted G number, with the designation of the filing date. Apart from that, the application to which the G-number has been allotted is sent to the Group for design and indications of geographical origin.
If the application is found not to be formally correct, the Office shall invite the applicant in the written result of examination to correct the deficiencies in the application in the stated time limit (term of one month). The reasons for the mistakes in the application mostly refer to the shortcomings in the content of the elaborate or specification. If the applicant does not correct the application in the prescribed time limit as the Office suggested, his application shall be rejected. If the applicant corrects the application in the remaining time limit as the Office had suggested, the Office shall proceed to the examination of the causal connection between the certain qualitative features of the goods and services and the geographical locality from which it originates.
If the Office or a state administration body responsible for the field whose opinion the Office is obliged to obtain determines that the application does not meet the conditions for recognition of an indication of geographical origin, it shall inform the applicant in writing about the reasons for denying the grant of the indication of geographical origin. The Office will leave a reasonable deadline for response. In case of not responding in due time, no response the application shall be refused. If there is a response, but the IPO or competent body of government administration still insist on their previously stated opinion, the application shall be refused. In both cases, the applicant may file appeal to the Government of the Republic of Serbia. If the subject matter of protection fulfills legal conditions for the grant of the GI, the IPO shall pass decision on the grant of the appellation of origin or the geographical indication and have them entered in the Register of the Indications of Geographical Origin.
What is the procedure of the application examination concerning the recognition of the status of the authorized user of the indication of geographical origin?
indication of the geographical origin, it shall be examined if it contains the request for the recognition of the status of the authorized user, proof on the performance of certain activity on certain geographical area and proof on the performed quality control and control of special characteristics of the product. If the application contains all the essential elements, it shall be entered in the Register of Applications with the statement regarding the filing date. After that, the application is furnished for examination in the Group for designs and GIs.
If it turns out that the application is not correct, the Office shall invite the applicant by the result of the examination to correct the application in the certain time limit (term of one month). If the applicant in the remaining time limit does not correct the application as the IPO suggested, his application shall be rejected. If the applicant, in the prescribed time limit, corrects the application as the Office proposed, the IPO shall proceed to the substantive examination of the conditions for the grant of the status of the authorized user of the indication of the geographical origin.
In the procedure of examination of the conditions for the grant of the status of the authorized user of the indication of the geographical origin, the Office has the obligation to obtain the opinion of the authorized body about the fulfillment of conditions for the grant of status of the authorized user of the geographical indication. If the Office or authorized body establishes that there are reasons why the application does not fulfill the conditions for the recognition of the status of the authorized user of specific GI, the applicant shall be informed in writing and due time limit shall be left for the answer. If the applicant does not respond, or respond but the Office or the competent body remain holding the previous opinion, the application shall be refused. In both cases, the applicant may file appeal to the Government of the Republic of Serbia.
If the application meets the legal conditions, the Office shall invite the applicant to pay fees for the first three years and the costs of the publication of the data. After paying the fees, the IPO passed a decision on the recognition of the status of the authorized user of the indication of the geographical origin, which is then entered in the Register of the authorized users of the indication of the geographical origin.
How to acquire the registered indication of the geographical origin /status of the recognized user and how long does it last?
The indication of geographical origin is acquired by the entry into the Register of Indications of Geographical Origin and its duration is not limited in time. Status of the recognized user of the indication of geographical origin is acquired by the entry in the Register of the recognized users of the indication of geographical origin and it lasts three years from the date of entry of granted status of recognized user of GI. It can be renewed unlimited number of times, as long as the appropriate indication of geographical origin lasts.
