Geographical Indications Law in Tajikistan
Geographical Indications Law in Tajikistan governs the legal protection of product names that identify a good as originating from a specific territory, where a particular quality, reputation, or other characteristics of the good are essentially attributable to its geographic origin.
Here's an overview of the Geographical Indications (GI) legal framework in Tajikistan:
1. Legal Framework
Primary Law: The main legal basis for the protection of GIs in Tajikistan is the Law on Geographical Indications, adopted in 2006, and amended in 2012.
Other Relevant Laws:
Law on Trademarks and Service Marks
Law on Protection of Competition
Civil Code of Tajikistan
2. Definition of a Geographical Indication
Under Tajik law, a Geographical Indication (GI) refers to a designation used to identify a product as originating in a certain region, locality, or country, where a specific quality, reputation, or other characteristic is essentially attributable to that geographic origin.
3. Criteria for Protection
A GI is protected in Tajikistan if:
The product originates from a defined geographical area.
The product possesses a specific quality, reputation, or characteristic.
This quality or characteristic is due essentially to its geographical origin.
The production or processing takes place in that geographic area.
4. Registration Process
Applications are submitted to the National Center for Patents and Information (NCPI) of Tajikistan.
Required documentation:
Proof of the specific quality/reputation of the product.
Description of the product and production process.
Geographical boundaries of the region.
Opposition period: Interested parties may oppose the registration after publication.
Once registered, the GI is entered into the official State Register of Geographical Indications.
5. Duration and Renewal
Protection is granted for 10 years, and can be renewed indefinitely in 10-year periods.
6. Rights Conferred
Exclusive right to use the registered GI for the relevant goods.
Right to take legal action against unauthorized use or misuse of the GI.
Right to license usage to other producers within the defined geographical area.
7. Enforcement and Infringement
Enforcement can be sought through:
Civil proceedings
Administrative procedures
In some cases, criminal actions
Remedies include injunctions, damages, and seizure of infringing goods.
8. International Treaties
Tajikistan is a member of:
WTO (joined in 2013), hence bound by the TRIPS Agreement, which sets minimum standards for GI protection.
Paris Convention and Lisbon Agreement (through CIS membership), supporting mutual recognition of GIs.
9. Notable Examples
Some potential GIs from Tajikistan include:
Pamir Honey (from the Pamir Mountains)
Rasht Valley fruits
Badakhshan herbal products
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