Geographical Indications Law in Estonia
In Estonia, the Geographical Indications (GI) Law is primarily governed by national legislation aligned with European Union (EU) law, as Estonia is an EU Member State. Here's an overview of the Geographical Indications legal framework in Estonia:
🛡️ Legal Framework in Estonia
National Laws:
Geographical Indication Protection Act – regulates the registration and protection of GIs in Estonia.
Trademarks Act – includes provisions related to collective marks and GIs.
Act on the Protection of Layout Designs of Integrated Circuits and Other Intellectual Property Acts – may overlap for enforcement.
European Union Law (directly applicable in Estonia):
Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs.
Regulation (EU) No 2019/787 for spirit drinks.
Regulation (EU) No 1308/2013 for wines.
Estonian Patent Office:
The Estonian Patent Office is responsible for the registration and handling of national GIs that are not covered by EU regulations.
🏷️ What Can Be Protected:
Estonian law allows GI protection for:
Agricultural products
Foodstuffs
Wines and spirits
Handicrafts and industrial products (though this is more nationally handled)
📝 Registration Procedure:
National Application (if product is not covered under EU GI regulations).
Examination by the Estonian Patent Office.
Publication for opposition.
Registration and protection granted.
For EU-wide products, the application is submitted through Estonia to the European Commission, which assesses and publishes it in the DOOR or E-SPIRIT-DRINKS database.
🧑⚖️ Enforcement and Protection:
GI holders can take civil action against misuse or imitation.
Customs authorities may also help prevent import/export of goods infringing GIs.
Violations can lead to fines or injunctions under Estonian IP law.
🌍 Notable Estonian GI Examples:
Estonian vodka (EU GI under Regulation 110/2008)
Estonian Traditional Farm Cheese – under national protection or in the EU process
📌 Key Points:
Estonia follows EU regulations for agricultural GIs, which means automatic EU-wide protection.
Non-agricultural products can be protected under national law.
Estonian Patent Office handles national GI applications.
Misuse of a GI is subject to legal sanctions under Estonian and EU law.
RELATED Blog
0 comments