Protection for geographical indications is provided through the Geographical Indication Protection Act, as well as through the relevant provisions of the Competition Act on unfair competition (Chapter 8, Sections 28 and 29) and the Commercial Code (Section 63). The recognition of geographical indications requires registration.
There is a single regime for all products with an extended protection for alcoholic beverages
Yes.
The following laws provide for the recognition of geographical indications required by Articles 22.2 and 23.1 of the TRIPS Agreement: (a) Geographical Indication Protection Act, Sections 8(1), 11 and 18; (b) Competition Act, Section 29.
See the answers to questions 1 and 4 above.
[Answer 1: Protection for geographical indications is provided through the Geographical Indication Protection Act, as well as through the relevant provisions of the Competition Act on unfair competition (Chapter 8, Sections 28 and 29) and the Commercial Code (Section 63). The recognition of geographical indications requires registration.]
[Answer 4: The following laws provide for the recognition of geographical indications required by Articles 22.2 and 23.1 of the TRIPS Agreement: (a) Geographical Indication Protection Act, Sections 8(1), 11 and 18; (b) Competition Act, Section 29.]
No domestic geographical indication has yet been registered.
The higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is provided for no other product.
Yes, Section 18 of the Geographical Indication Protection Act stipulates that "in addition to the provisions of Section 11(1) and (3) of the Act, a registered geographical indication shall not be used for identifying an alcoholic beverage not originating in the geographical area indicated by the geographical indication in question, including cases where the true origin of the alcoholic beverage is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like".
According to the Geographical Indication Protection Act, a geographical indication means: "1) the name of or a reference to a geographical area which indicates the specific geographical origin of a good or service if the given quality, reputation or other characteristic of the good or service so identified is essentially attributable to the geographical area where the good is produced, processed or prepared or where the service is rendered; 2) other word, phrase or symbol that, resulting from long-term and consistent use, has become essentially attributable to the geographical area where the good is produced, processed or prepared or where the service is rendered."
The criteria considered are those contained in the answer to question 8 above.
[Answer 8: According to the Geographical Indication Protection Act, a geographical indication means: "1) the name of or a reference to a geographical area which indicates the specific geographical origin of a good or service if the given quality, reputation or other characteristic of the good or service so identified is essentially attributable to the geographical area where the good is produced, processed or prepared or where the service is rendered; 2) other word, phrase or symbol that, resulting from long-term and consistent use, has become essentially attributable to the geographical area where the good is produced, processed or prepared or where the service is rendered."]
Human factors are included in the criteria set out for the recognition of a geographical indication.
No.
The geographic region or area for which rights are claimed is defined in the Geographical Indication Protection Act: "For the purposes of this Act, a geographical area means the territory of a state, or a particular region or locality in that territory. The geographical area does not have to coincide with the administrative unit or settlement unit bearing the same name. The name of the geographical area serving as a geographical indication does not have to coincide with the current official name of that geographical area."
Yes, the relevant provisions are contained in the Geographical Indication Protection Act (Sections 14-18).
Yes. Section 2 of the Geographical Indication Protection Act states the equality of rights and obligations of natural and legal persons of the Republic of Estonia and of foreign states: "The rights and obligations prescribed in legislation regulating the legal protection of geographical indications apply equally to natural and legal persons of the Republic of Estonia and of foreign states (hereinafter persons), considering restrictions provided for in this Act."
Section 8(7) of the Geographical Indication Protection Act states that: "Legal protection is not granted to an indication which has not been granted legal protection in the country of origin or the legal protection of which has been terminated in the country of origin, or which has fallen into disuse in that country."
No distinction is made between the terms "geographical indications", "appellations of origin" and "indications of source".
Yes, the relevant provisions are contained in Sections 15, 16 and 17 of the Geographical Indication Protection Act.
Both a governmental and a private entity can own the rights to a geographical indication (Section 9 of the Geographical Indication Protection Act): "(1) The right to apply for the registration of a geographical indication is vested in: 1) a person who acts as the producer, processor or preparer of the good identified with the indication, or as the renderer of the service in the geographical area specified in the indication; 2) an association of consumers or persons referred to in clause 1 of this Section, regardless of its location or legal form; 3) a competent administrative agency of the country of origin of the good or service. (2) The person referred to in Section 1 of this Section may only apply for the registration of an indication which meets the requirements prescribed for geographical indications and complies with the provisions of § 4 of this Act and which is not excluded from protection under § 8 of this Act. (3) The list of Estonian administrative agencies competent for applying for the registration of geographical indications is approved by the Government of the Republic."
The competent authorities are the Ministry of Economic Affairs and the Ministry of Agriculture.
The recognition of a geographical indication takes place either on the initiative of a government entity or a person (see the answer to question 17 above).
[Answer 17: Both a governmental and a private entity can own the rights to a geographical indication (Section 9 of the Geographical Indication Protection Act): "(1) The right to apply for the registration of a geographical indication is vested in: 1) a person who acts as the producer, processor or preparer of the good identified with the indication, or as the renderer of the service in the geographical area specified in the indication; 2) an association of consumers or persons referred to in clause 1 of this Section, regardless of its location or legal form; 3) a competent administrative agency of the country of origin of the good or service. (2) The person referred to in Section 1 of this Section may only apply for the registration of an indication which meets the requirements prescribed for geographical indications and complies with the provisions of § 4 of this Act and which is not excluded from protection under § 8 of this Act. (3) The list of Estonian administrative agencies competent for applying for the registration of geographical indications is approved by the Government of the Republic."]
The following state fees are involved in the application and maintenance of rights in a geographical indication: (a) A state fee of EEK 1,6002 shall be paid upon submission of an application for registration of a geographical indication. (b) A state fee of EEK 400 shall be paid for the extension of the term for elimination of deficiencies in an application for registration of a geographical indication, or for the provision of explanations. (c) A state fee of EEK 500 shall be paid for an entry to amend the registration data of a geographical indication.
Under Sections 24-26 of the Geographical Indication Protection Act, a registration application shall comprise: "1) a request for the registration of the geographical indication; 2) a description; 3) a certificate of the protection of the geographical indication in its country of origin, or a certificate issued by the competent agency of the country of origin certifying the link of the given quality, reputation or other characteristic of the good or service with the geographical origin of the good or service, and a certificate issued by the competent agency of the country of origin of the right of the applicant to apply for registration of the geographical indication pursuant to the provisions of Section 9(1) of the Act; 4) a document certifying payment of the state fee; 5) an authorization, if the applicant has a representative." A request for the registration of the geographical indication shall include: "1) a statement requesting the registration of a geographical indication; 2) a reproduction of the geographical indication; 3) the name and address of residence or location of the applicant and other contact information; 4) information about the possession of the right to apply for the registration of the geographical indication pursuant to the provisions of Section 9(1) of this Act; 5) a short summary of the description, which shall comply with the contents of the description; 6) the name of the representative, if the applicant has a representative; 7) the signature of the applicant or representative." The description of a good or service shall comprise: "1) the name of the good or service; 2) features characterising the good (physical, chemical, microbiological, organoleptic or other qualities according to the particular good); 3) features characterising the service or the method of producing the good; 4) identification of the geographical area; 5) details certifying the link of a given quality, reputation or other characteristic of the good or service with the geographical origin. (2) The description may contain features characterising the raw material, information about the use of the warning notice and other details which the applicant considers necessary to submit. (3) The description shall give a clear and complete depiction of the link of the given quality, reputation or other characteristic of the good or service with the geographical origin of the good or service. (4) If the same geographical indication is used to identify goods or services with different features, the description shall be submitted for each good or service separately."
Mechanisms for opposition are set out in the Geographical Indication Protection Act, Sections 43, 44, 46 and 47: "§ 43. Contestation of registration (1) Any interested person or supervisory agency who considers that the applicant, pursuant to Section 9(1) of this Act, had no right to file a registration application, may submit a petition in court against the applicant, his successor or legal successor to declare the registration unlawful. If the applicant, his successor or legal successor is missing, the court shall hear the declaration of the registration unlawful as proceedings on petition. (2) A petition specified in paragraph 1 of this Section may be filed within one year from the publication date of the entry of registration data. (3) Any interested person or supervisory agency who considers that the applicant, pursuant to Section 9(2) of this Act, had no right to file a registration application, may submit a petition in court against the applicant, his successor or legal successor to declare the registration unlawful. If the applicant, his successor or legal successor is missing, the court shall hear the declaration of the registration unlawful as proceedings on petition. (4) A petition specified in paragraph 3 of this Section may be submitted during the term of the registration. (5) Any interested person who considers that the registration is contrary to the requirements of Sections 4, 24, 25, 26(1) or 26(4) of this Act, or to public order or morality, may submit an appeal in the administrative court to declare the registration unlawful and require that the Patent Office restore the processing and make a new decision. (6) An appeal specified in paragraph 5 of this Section may be submitted within 3 months from the publication date of the entry of the registration data. (7) If the court declares the registration unlawful, a deletion of the registration entry shall be made upon the request of the interested person or supervisory agency on the basis of a court order that has entered into force. § 44. Contestation of registration for amending registration data (1) Any interested person or supervisory agency who considers that the list of goods or services, identification of geographical area or description in the registration are inaccurate or insufficient, may submit a petition in court against the applicant, his successor or legal successor for amending the registration data. If the applicant, his successor or legal successor are missing, the court shall hear the amending of the registration data as proceedings on petition. (2) A petition specified in paragraph 1 of this Section may be submitted during the term of the registration. (3) If the court satisfies a petition for amending registration data, an entry to amend the registration data entry shall be made upon the request of the interested person or supervisory agency on the basis of a court order that has entered into force. § 46. Specifications for resolution of disputes relating to geographical indications (1) Appeals and actions specified in this Act fall within the jurisdiction of the court in the jurisdiction of which the Patent Office is located. (2) The court notifies of the submitting of petitions specified in Sections 43(1), 43(3) and 44(1) of this Act in the official gazette Official Announcements and establishes a term during which the users of a geographical indication may submit a petition in court to intervene in the proceedings in support of the plaintiff or the defendant, whereby the term shall be no less than two months from the publication date of the notice. § 47. Representatives in court disputes relating to geographical indications (1) Upon the resolution of disputes relating to geographical indications, patent attorneys may act as representatives in court. (2) A patent attorney shall present to the court his or her patent attorney's certificate."
Any interested person or supervisory agency can oppose the recognition of a geographical indication.
The same procedure applies both to foreign and Estonian applicants with the additional condition that the foreign applicants must proceed through a local representative (Estonian patent attorney).
The recognition of a geographical indication is perpetual.
Recognition of a geographical indication requires neither renewal nor reaffirmation.
Maintaining rights in a geographical indication is not dependent on its use.
Supervision over the lawfulness of use of a protected geographical indication, including the complying of the good or service identified with the geographical indication with the description contained in the register is exercised by the following agencies according to their competence: (1) Competition Board; (2) Plant Production Inspectorate; (3) Consumer Protection Board; (4) Veterinary and Food Board. A supervisory agency exercises supervision on its own initiative or on the basis of a request from an interested person.
According to Section 45 of the Geographical Indication Protection Act, an interested person may initiate a procedure against the illegal use of a geographical indication. The rights of relevant government entities, as set out in Section 50 of the Geographical Indication Protection Act, include the right to: "1) receive from state agencies, agencies administered by state agencies, local government agencies and legal and natural persons information necessary for exercising supervision; 2) take samples for establishing potential offence; 3) to receive all information from the register free of charge. Further rights of government entities are specified in legal acts regulating the functioning of each respective entity."
No means are available by which interested parties may request termination of a geographical indication based on non-use. In cases defined under Section 43(3) and 43(4) of the Geographical Indication Protection Act, "any interested person or supervisory agency who considers that the applicant, pursuant to Section 9(2) of the Act, had no right to file a registration application, may submit a petition in court against the applicant, his successor or legal successor to declare the registration unlawful. If the applicant, his successor or legal successor is missing, the court shall hear the declaration of the registration unlawful as proceedings on petition." The petition may be submitted during the term of the registration.
The procedures leading to forfeiture of a geographical indication may take place both ex officio or based on the initiative of any entity or a person (see the answer to question 34 above).
[Answer 34: No means are available by which interested parties may request termination of a geographical indication based on non-use. In cases defined under Section 43(3) and 43(4) of the Geographical Indication Protection Act, "any interested person or supervisory agency who considers that the applicant, pursuant to Section 9(2) of the Act, had no right to file a registration application, may submit a petition in court against the applicant, his successor or legal successor to declare the registration unlawful. If the applicant, his successor or legal successor is missing, the court shall hear the declaration of the registration unlawful as proceedings on petition." The petition may be submitted during the term of the registration.]
Persons who have the right to use a geographical indication are defined in Section 10 of the Geographical Indication Protection Act: "A registered geographical indication may be used for identifying goods or services by a person who acts as the producer, processor or preparer of the good specified in the registration or as the renderer of the service in the geographical area specified in the registration, and whose good or service has all the qualities, reputation or other characteristics specified in the registration."
The use by a particular party may take place in conformity with Section 10 of the Geographical Indication Protection Act. Any further responsibilities depend on an individual case.
There are no fees involved in receiving authorization to use a particular geographical indication.
Procedures for contesting an unlawful use of a registered geographical indication are provided under Section 45 of the Geographical Indication Protection Act: "(1) An interested person may file an action in court: 1) for termination of the unlawful use of a registered geographical indication; 2) for restoration of the situation which existed prior to the unlawful use of a registered geographical indication; 3) for compensation for moral and proprietary damage caused by the unlawful use of a registered geographical indication. (2) Actions may be filed in court as follows: 1) actions specified in clauses 1 and 2 of paragraph 1 of this Section may be filed in court during the term of the registration; 2) actions specified in clause 3 of paragraph 1 of this Section may be filed in court within three years from the date on which the user of a geographical indication becomes or should have become aware of the violation of his rights."
Authorized users of a geographical indication are not required to use that geographical indication continually to retain their right to use it. See the answers to questions 30 and 31 above.
[Answer 30: Maintaining rights in a geographical indication is not dependent on its use.]
[Answer 31: Maintaining rights in a geographical indication is not dependent on its use.]
Not applicable.
The Estonian regime for the protection of geographical indications does not allow geographical indications to be licensed.
Under Section 20 of the Geographical Indication Protection Act, an "Estonian citizen or any person who has permanent residence or location in Estonia and who has consistently and in good faith used a geographical indication registered for identifying an alcoholic beverage before 15 April 1994, or used it consistently for not less than 10 years before the said date, may continue to use the indication in the same extent for goods or services which are identical or of the same kind".
Under Section 7 of the Trademark Act, the following trademarks are excluded from registration: "- trademarks which are of such nature as to deceive the consumer as to the kind, quality, quantity, intended purpose, value or geographical origin of the goods and services, the time of production of the goods or of the rendering of the services, or other characteristics of the goods or services; - trademarks which contain a registered geographical indication or are confusingly similar to it if it may result in an unlawful use of the geographical indication pursuant to the provisions of Sections 11 or 18 of the Geographical Indication Protection Act." Section 12 of the Geographical Indication Protection Act provides for the right of prior use of a trademark containing a geographical indication: "(1) A trademark which has been filed for registration or registered in good faith for goods which are identical or of the same kind before the date of entering into force of this Act or before the geographical indication has been granted protection in its country of origin shall not be declared invalid, shall not be refused registration or its use shall not be prohibited for the reason that the trademark contains a registered geographical indication or is misleadingly similar to it, unless otherwise specified in this Act. (2) The trademark is filed for registration or registered in good faith if the person having applied for the registration of or registered the trademark did not know nor should he have known that the indication in question identifies the good or service as originating in a specific geographical area and a given quality, reputation or other characteristic is essentially attributable to the geographical origin of the good or service."
See the answer to question 44 above.
[Answer 44: Under Section 7 of the Trademark Act, the following trademarks are excluded from registration: "- trademarks which are of such nature as to deceive the consumer as to the kind, quality, quantity, intended purpose, value or geographical origin of the goods and services, the time of production of the goods or of the rendering of the services, or other characteristics of the goods or services; - trademarks which contain a registered geographical indication or are confusingly similar to it if it may result in an unlawful use of the geographical indication pursuant to the provisions of Sections 11 or 18 of the Geographical Indication Protection Act." Section 12 of the Geographical Indication Protection Act provides for the right of prior use of a trademark containing a geographical indication: "(1) A trademark which has been filed for registration or registered in good faith for goods which are identical or of the same kind before the date of entering into force of this Act or before the geographical indication has been granted protection in its country of origin shall not be declared invalid, shall not be refused registration or its use shall not be prohibited for the reason that the trademark contains a registered geographical indication or is misleadingly similar to it, unless otherwise specified in this Act. (2) The trademark is filed for registration or registered in good faith if the person having applied for the registration of or registered the trademark did not know nor should he have known that the indication in question identifies the good or service as originating in a specific geographical area and a given quality, reputation or other characteristic is essentially attributable to the geographical origin of the good or service."]
See the answer to question 44 above. Section 19 of the Geographical Indication Protection Act stipulates that "any interested person may request a declaration of invalidity of a trademark registered for identifying an alcoholic beverage before the date of entry into force of this Act if the trademark contains a registered geographical indication or is misleadingly similar to it and the alcoholic beverage identified by the trademark in question does not originate in the geographical area indicated by the geographical indication". Section 241(1) of the Trademark Act provides that "any interested person has the right to request the invalidation of a trademark filed for registration or registered in bad faith in the following cases: 1) the trademark contains a registered geographical indication or a confusingly similar indication; 2) the goods or services identified with the trademark and the geographical indication are identical or of the same kind; and 3) the trademark has been registered or filed for registration after the geographical indication has been granted legal protection in its country of origin. (2) If the trademark specified in paragraph 1 of this Section contains the name of an Estonian geographical area, the condition specified in clause 3 of paragraph 1 of this Section shall not be applied upon the invalidation of such trademark. (3) The filing for registration or registration of a trademark is done in bad faith if the person who registers a trademark or files it for registration knew or should have known that the indication in question identifies the good or service as originating in a certain geographical area and a given quality, reputation or other characteristic of the good or service is essentially attributable to its geographical origin. (4) Any interested person may request the invalidation of a trademark registered for identifying an alcoholic beverage before the date of entry into force of the Geographical Indication Protection Act, if the trademark contains a registered geographical indication or is confusingly similar to it and the alcoholic beverage does not originate in the geographical area identified by the geographical indication. (5) A request for the invalidation of the registration of trademarks specified in paragraph 1 and 4 of this Section shall be filed with the Board of Appeal. (6) Upon invalidation of the registration of a trademark, the Patent Office deletes the trademark from the register. (7) The provisions of this Section are also applied upon the invalidation of trademarks containing a geographical indication which were filed for registration or registered before the date of entry into force of the Geographical Indication Protection Act."
Yes. See the answer to question 44 under I above.
Protection for geographical indications is provided under the Geographical Indication Protection Act; Trademark Act (Section 7(6), (61) and Section 241); Competition Act (Chapter 8, Sections 28 and 29); Consumer Protection Act (Section 8); Customs Act (Sections 26 and 45); Alcohol Act (Section 6); Commercial Code (Section 12 (31); Criminal Code (Section 33, paragraph 6, subparagraph 3 and Section 2831). Texts of the laws have been notified under Article 63.2 of the TRIPS Agreement.
Any interested person or supervisory agency may contest the registration of a geographical indication; and any interested person may file an action in court against unlawful use of a geographical indication.
Liability for unlawful use of a geographical indication is specified in Chapter 7 of the Geographical Indication Protection Act. Section 52(1) foresees for violation of the Act an administrative, civil or criminal punishment pursuant to the procedures provided for in the law. The protection of geographical indications is subject to ordinary jurisdiction. According to Section 46 of the Geographical Indication Protection Act, "appeals and actions specified in the Act fall within the jurisdiction of the court in the jurisdiction of which the Patent Office is located". Civil matters are heard at the City Court of Tallinn and administrative offence matters involving legal persons are heard at the Administrative Court of Tallinn. In civil and administrative proceedings, legal costs include state fees; costs essential to proceedings; security on cassation. When filing a complaint to contest a decision of the Patent Office, a state fee of EEK 3,200 shall be paid. In a proprietary dispute, a state fee shall be paid on the basis of the value of the action or as a specific sum. In case of a non-proprietary dispute, a state fee of EEK 60 shall be paid. In case of criminal proceedings, legal costs consist of: "1) amounts collected for the benefit of witnesses, victims, experts or forensic examination institutions, and amounts paid or payable to specialists, interpreters, translators and impartial observers of investigative activities; 2) amounts spent on the storage, forwarding and investigation of physical evidence; 3) amounts payable for the participation of sworn advocates, senior clerks and clerks of sworn advocates in a criminal matter, in the cases prescribed in Sections 361(2) and 36(5) of this Code; 31) compensation levies paid upon a judgment of conviction; 4) other costs which are borne by a preliminary investigation authority or a court in connection with the proceedings in a criminal matter." (Code of Criminal Procedure, Section 87)
Under Section 22(3) of the Geographical Indication Protection Act, "notices of entries of registration data, entries to amend a registration data entry and deletions of a registration entry are published in the official gazette of the Patent Office".
Section 2831 of the Criminal Code provides that "unlawful use of a registered geographical indication shall be punishable by a fine or imprisonment for up to four years".
Estonia has not entered into any international agreement for the notification and/or registration of geographical indications.
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