FAQ on Indication of Geographical Origin

WHAT IS AN INDICATION OF GEOGRAPHICAL ORIGIN?

An indication of geographical origin is any indication by which a country or a place situated therein is directly or indirectly indicated as the country or the place of geographical origin of a product. An indication of geographical origin is used to designate natural, agricultural, industrial, artisan and handicraft products.

WHAT IS AN APPELLATION OF ORIGIN?

An appellation of origin is the geographical name of a country, a region or a locality which serves to designate a product originating therein, the quality and specific characteristics of which are exclusively or essentially due to the geographical environment, including natural and human factors, and the production, processing, and preparation of which take place entirely in a defined limited area.

WHAT IS A GEOGRAPHICAL INDICATION?

A geographical indication is an indication which identifies specific goods as the goods originating in the territory of a specific country, region or locality within that territory, where a specific quality, reputation or other characteristics of the goods may essentially be attributed to its geographical origin.

The procedure for the registration of said rights is conducted before a responsible authority of a state and it lasts for an unlimited period of time in a certain territory.

BASIC TERMS

Generic name is a geographical name which has, although it refers to a geographical location where a product was originally produced or marketed, lost its geographical significance in everyday speech and has become a general name of such product.

Homonymous names – Where the names of two or more places of origin of a product are identical or almost identical in written or spoken form (homonymous names), the protection of such geographical names is granted to all the interested parties that meet the requirements prescribed by law. The grant of production is based on the principles of fair and equal treatment of producers in the market, and truthful informing of consumers, except when it is likely to cause confusion among the public about the exact geographical origin of a product.

Origin of Raw Materials – A product may exceptionally be protected by an appellation of origin or a geographical indication if it has a proven traditional attribute, high reputation and is well-known, and where the raw materials for the production of such product originate in an area different from or larger than the processing area, provided that the production area of raw materials is limited and that specific conditions for the production of raw materials exist, as well as the system of inspection control that ensures supervision of the fulfillment of specific conditions.

Traditional and historical names – indication of geographical origin is also a name which is not the administrative geographical name of a certain country, region or locality, and which, due to its long-term use in trade, has become well-known as the traditional name of a product originating in that area or is the historical name of such an area.

WHY DO INDICATIONS OF GEOGRAPHICAL ORIGIN NEED PROTECTION?

The protection of an indication of geographical origin increases the market value of a product arising from its specific characteristics and established reputation. The protection prevents misuse or an unauthorized use of a geographical indication by other persons.

WHICH NAMES CANNOT BE PROTECTED BY A GEOGRAPHICAL INDICATION OR AN APPELLATION OF ORIGIN?

A geographical indication or an appellation of origin cannot protect a name:

- which is contrary to public order or morality,

- which is the name of a protected plant variety or animal species, and which is likely to cause confusion among the public about the geographical origin of a product,

- the appearance or content of which is likely to cause confusion in trade with regard to the type, origin, quality, production method or other characteristics of a product,

- which is the exact name of a country, a region or a locality in which a product originates, but which deceives consumers into believing that the product originates in another country, region or locality,

- which, due to long-term use, has lost its geographical meaning in everyday speech and become generic or common name for designating a particular product,

- which is not protected or has ceased to be protected in the country of origin or is no longer used in that country,

- of a vine product if such indication is identical with the name of a grape variety that existed in the territory of BIH before January 1, 1995.

PROCEDURE FOR THE REGISTRATION OF INDICATIONS OF GEOGRAPHICAL ORIGIN IN BOSNIA AND HERZEGOVINA

WHAT INSTITUTION IS RESPONSIBLE?

The procedure for the acquisition, maintenance and termination of the status of a geographical indication or an appellation of origin is conducted before the Institute for Intellectual Property of Bosnia and Herzegovina (the Institute). The Institute maintains:

- Register of applications for appelations of origin,

- Register of applications for the grant of the status of authorized users of appellations of origin,

- Register of applications for the grant of the status of authorized users of geographical indications,

- Register of appellations of origin,

- Register of geographical indications,

- Register of authorized users of appellations of origin,

- Register of authorized users of geographical indications,

- Register of international applications for appellations of origin,

- Register of representatives for the protection of geographical indications and appellations of origin in electronic form.

LEGISLATION

- Law on the Protection of Indications of Geographical Origin, Official Gazette of BIH, No. 53/10;

- Regulations Concerning Procedure for the Acquisition of an Indication of Geographical Origin, an Appellation of Origin, and a Geographical Indication, Official Gazette of BIH, No. 109/10;

- Administrative Fees Law, Offiicial Gazette of BIH, No. 16/02, 19/02, 43/04;

- Decision on Specific Costs of the Procedure for the Acquisition and Maintenance of Industrial Property Rights, Official Gazette of BIH, No. 109/10;

- Administrative Procedure Law, Official Gazette of BIH, No. 29/02, 12/04, 88/07, 93/09.

WHO MAY FILE AN APPLICATION WITH THE INSTITUTE?

An application for the registration of a geographical indication or an appellation of origin may be filed by:

- national natural persons and legal entities who or which produce in a defined geographical area the products marked by the name of such geographical area,

- associations of national natural persons and legal entities, chambers of commerce, consumers' associations, municipal, cantonal, entity, and state authorities interested in the protection of a geographical indication/an appellation of origin, within the framework of their activities,

- foreign natural persons or legal entities, foreign associations provided that a geographical indication/an appellation of origin is granted in a country of origin in accordance with international treaties.

HOW ARE GEOGRAPHICAL INDICATIONS AND APPELLATIONS OF ORIGIN PROTECTED?

The protection includes two separate procedures:

- procedure for the registration of an appellation of origin or a geographical indication,

- procedure for the grant of the status of an authorized user of an indication of geographical origin.

WHAT ARE THE PHASES OF PROCEDURE FOR THE REGISTRATION OF GEOGRAPHICAL INDICATIONS/APPELLATIONS OF ORIGIN?

A holder of a registered geographical indication/an appellation of origin or an applicant for the registration may be a national or foreign natural person or legal entity. Foreign natural persons and legal entities enjoy the same rights in respect of the protection of indications of geographical origin in BIH as are enjoyed by national natural persons and legal entities, provided that it arises from the international treaties or conventions acceded to or ratified by BIH or from the principle of reciprocity. The existence of reciprocity shall be presumed until proven to the contrary.

The procedure for the registration of a geographical indication/an appelation of origin is initiated by filing an application for the registration of a geographical indication/an appellation of origin. The steps include :

1. Filing an application with the Institute.

2. Formal examination of the application in the Institute.

3. Publication of the application for a geographical indication/an appellation of origin in the Official Gazette of the Institute, available in paper form and electronic form on the Institute website at www.ipr.gov.ba.

4. Issuing a decision to register a geographical indication/an appellation of origin in the Institute.

5. Publication of the registered geographical indication/an appellation of origin in the Official Gazette of the Institute, available in paper form and electronic form on the Institute website at www.ipr.gov.ba.

WHAT NEEDS TO BE DONE TO INITIATE PROCEDURE FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION/AN APPELLATION OF ORIGIN?

A procedure for the registration of a geographical indication/an appellation of origin is initiated by filing the appropriate application with the Institute. The application for a geographical indication/an appellation of origin may be filed for only one indication or name of a geographical area, and for only one product type.

It is necessary to furnish a completed request for the registration of a geographical indication/an appellation of origin, accompanying documents, and proof that the costs have been paid. The application is filed in written form, directly or through the post, as well as by fax, provided that within eight days of its filing, it is furnished to the Institute in a required number of copies.

The application for the registration of a geographical indication or an appellation of origin contains:

- Request for the registration of a geographical indication or an appellation of origin (Form OGP-01). The request is available on the Institute website www.ipr.gov.ba.

- Description of geographical area contains information on the geographical area in which a product originates, and it includes a more detailed definition of administrative boundaries of that area, geographical map of that area, and information on human and geographical factors to which specific characteristics, quality or reputaion of the product concerned are due.

- Information on specific characteristics of a product:

+ For geographical indications – the aplication contains a description of the manner of product manufacture, precise indication of specific characteristics or quality of the product, including information on the established reputation, who is entitled to use a geographical indication and under what conditions, as well as the rights and obligations of the user of a geographical indication.

+ For appellations of origin – the application is filed in the form of an elaborate on the manner ofproduct manufacture and specific characteristics, and quality of the product.

The form is completed on the computer or the typewriter. It is filed in one of the official languages of BIH, in two copies. One copy is retained by the Institute, and the other copy, with the entered number of the application for a geographical indication/an appellation of origin, incoming correspondence serial number, and is date stamped and stamped with the official seal, is returned to the applicant and serves as proof of accordal of the filing date to the application.

For further information, please refer to the Regulations Concerning Procedure for the Grant of an Indication of Geographical Origin, an Appelation of Origin, and a Geographical Indication (currently available in local language).

WHAT NEEDS TO BE DONE TO INITIATE PROCEDURE FOR GRANTING THE STATUS OF AN AUTHORIZED USER OF AN APPELLATION OF ORIGIN OR A GEOGRAPHICAL INDICATION?

The procedure for granting the status of an authorized user of an appellation of origin or a geographical indication is initiated by filing the application for the registration of the same.

The application may be filed by natural persons or legal entities, as well as their associations who or which produce, in a specific geographical area, the products to which an applied for or a registered geographical indication/appellation of origin refers. Filing the application is subject to payment of the prescribed fee and costs of the procedure.

The application for granting the status of an authorized user contains:

- request for granting the status of an authorized user of an appellation of origin or a geographical indication,

- proof of performance of a specific activity in a specific geographical area - document (confirmation letter, decision) issued by responsible authority,

- proof of the control of specific characteristics of a product carried out by an authorized accredited organization indicated in the application for an appellation of origin. The validity of such document is one year from the date of issuing.

The status of an authorized user of an appellation of origin or a geographical indication lasts three years from the date of entry of the granted status in the Register of Authorized Users of Appellations of Origin or Geographical Indications. The status of an authorized user of an appellation of origin or a geographical indication may, on request of the authorized user and subject to furnishing proof of fulfilling the conditions prescribed by Law and proof of payment of the fee and costs of the procedure, be renewed an unlimited number of times, as long as the respective geographical indication/appellation of origin lasts.

WHAT DOES IT COST TO PROTECT AND MAINTAIN AN INDICATION OF GEOGRAPHICAL ORIGIN?

All the actions in the procedure for the acquisition, maintenance, record keeping of the transfer, and termination of an indication of geographical origin, as well as providing information services are subject to the payment of administrative fees and costs of the procedure. For information on the amounts of fees and costs, see the Institute website at www.ipr.gov.ba, section fees and costs.

Proof of payment is furnished on filing the application.

IS HIRING A REPRESENTATIVE MANDATORY?

Hiring a representative by a national natural person or legal entity is not prescribed by Law, therefore it is up to the applicant to decide to hire a representative.

A foreign natural person or legal entity must be represented in the procedure before the Institute by a representative recorded in the Register of Representatives.

The Register of Representatives for the protection of geographical indications and appellations of origin is available in electronic form on the Institute website at www.ipr.gov.ba.

HOW LONG DOES THE PROTECTION OF AN INDICATION OF GEOGRAPHICAL ORIGIN LAST?

The protection of the registered geographical indication/appellation of origin is unlimited in time and it runs from the filing date of the application.

HOW CAN I PROTECT AN INDICATION OF GEOGRAPHICAL ORIGIN IN OTHER COUNTRIES?

A registered user of a geographical indication/an appellation of origin, or an applicant for the registration may file a request for the international registration of a geographical indication/an appellation of origin under the international treaty that is binding for BIH. A request for the international registration, with the payment of the prescribed fee and costs of the procedure, is filed through the Institute.