LAW OF THE REPUBLIC OF ARMENIA

of May 22, 2010 No. ZR-60

About geographical instructions

Accepted by National Assembly of the Republic of Armenia on April 29, 2010

Chapter 1. Basic provisions

Article 1. Purposes and coverage of the Law

1. This Law governs the relations connected with registration, legal protection and use of geographical instructions, names of places of origin and the guaranteed traditional product.

2. The right of legal protection provided by this Law extends only to agricultural products and foodstuff, except for natural and mineral waters.

Article 2. The basic concepts used in the Law

1. The basic concepts used in sense of this Law are:

geographical specifying – the name of the territory (settlement), certain area or, in exceptional cases, the country or any other, serving for designation of products which come from this territory, certain area or the country, specific quality, reputation or other characteristic signs of which are generally caused by this geographical origin which is made and processed, and (or) is made in this geographical area;

the name of the place of origin – the place name of the territory (settlement), certain area or, in exceptional cases, the country, serving for designation of products which come from this territory, certain area or the country, and specific quality or other characteristic signs of which mainly or are exclusively caused by this geographical environment, including natural and human factors, and production which conversion and production takes place in this geographical area;

the guaranteed traditional product – agricultural or foodstuff which specificity is acknowledged and which is registered according to this Law;

the name of general use (generic) – the name of products which though contains the name of the territory (settlement), certain area or country in which these products were initially made or introduced into circulation however thanks to continuous general use turned into the name accepted for products and is not identified with products occurring from this territory (settlement), certain area or the country;

product – agricultural or foodstuff;

specificity – the characteristic or set of characteristics in which the product accurately differs from other same product belonging to other category;

traditional character - use in the market for an appreciable length of time specifying circumstance of transfer from generation to generation (this term shall correspond to the conventional duration of human generation and constitute at least than 25 years);

the place name – the name of the territory, the area or country;

the state authorized body - the body of system of public administration authorized by the law in the field of intellectual property which functions connected with protection of intellectual property, and also other functions provided by this Law, according to the procedure, provided by this Law, the office of intellectual property of this body performs;

Appeal council - the council created in authorized state body which resolves the matters of argument connected with legal protection of geographical instructions, names of places of origin and the guaranteed traditional product;

group – any merging of producers or processors irrespective of form of business and structure which acts on the basis of the charter and performs productive activity concerning the goods specified in the request;

date – day, month, year;

мутатис мутандис (mutatis mutandis) – with corresponding changes (in sense of the Agreement on trade aspects of intellectual property rights the THRIPS (TRIPS).

Article 3. The legislation on geographical instructions, names of places of origin and the guaranteed traditional product

1. The legislation on geographical instructions, names of places of origin and the guaranteed traditional product consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this Law and other legal acts.

2. If international treaties of the Republic of Armenia establish other regulations than provided by this Law, then regulations of international treaties are applied.

Article 4. Rights of foreign persons

1. Foreign physical persons and legal entities according to international treaties of the Republic of Armenia or on the principle of reciprocity have the rights provided by this Law and bear responsibility on an equal basis with citizens and legal entities of the Republic of Armenia.

2. For use of the principle of reciprocity availability of reciprocity proves any person wishing to use it.

Article 5. Authorized state body

1. The main functions of authorized state body within this Law are:

1) acceptance, consideration, conducting examination and registration of requests for registration of geographical instructions, names of places of origin and the guaranteed traditional product;

2) issue on behalf of the state of certificates on right to use by geographical instructions, names of places of origin;

3) maintaining registers of geographical instructions, names of places of origin and the guaranteed traditional product, and also list of users geographical instructions and users names of places of origin;

4) rendering information services of rather geographical instructions, names of places of origin and the guaranteed traditional product;

5) representation of the Republic of Armenia in the foreign and international organizations in the field of intellectual property;

6) implementation within the competence of other functions.

2. The authorized state body publishes data on the registered geographical instructions, names of places of origin and the guaranteed traditional product, and also other data on the activities in the statement "Industrial property".

3. Appeal council of authorized state body which decision is considered the final decision of authorized state body resolves the matters of argument connected with legal protection of geographical instructions, names of places of origin and the guaranteed traditional product. Any decision of Appeal council can be appealed in court. The charter of Appeal council and procedure for consideration of claims by it affirm the Government.

Article 5.1. Times for notification

1. The state authorized body, within three working days after decision making, by mail or by means of electronic system (including, by means of e-mail specified by the applicant), and also on other means of electronic communication established by the legislation sends the decision to the applicant. Decisions go in one of specified in this part of forms preferred by the applicant. Regardless of the form preferred by the applicant, the applicant can get also in the penal specified in this part the decision personally in the state authorized body.

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