How to acquire legal protection to a geographical indication in Estonia?
Registration of a geographical indication in the Estonian Patent Office may be acquired by a person who is the producer, processer or preparer of the good or the renderer of the service, an association of aforementioned persons or consumers or a competent authority of the country of origin of the good or service. Registration takes place pursuant to the Geographical Indication Protection Act.
When Estonia acceded to the European Union a change entered into force pursuant to which national law does not regulate any more the protection of geographical indications of agricultural products, food products and alcoholic beverages, which are protected on the European Union level. Council Regulation No 1151/2012 regulates legal protection of geographical indications in the European Union. Besides that, Regulation No 110/2008 of the European Parliament and of the Council regulates the protection of geographical indications of spirit drinks.
An application for registration of a geographical indication in Estonia shall be filed with the Estonian Patent Office on a prescribed form. The text on the application form should be typed and a state fee should be paid. The application may contain only one geographical indication.
Procedures related to the registration of geographical indications can be performed by an applicant or a patent attorney authorised by the applicant. If the applicant has residence or seat outside Estonia, procedures following filing an application shall be performed only by a patent attorney authorised by the applicant.
Documents to be filed in the application for registration of a geographical indication:
- a request for the registration of a geographical indication;
- a description showing the link between the given quality, reputation or other characteristic of the good or service and the geographical origin of the good or service, and defining the geographical area;
- a certificate of the protection of the geographical indication in its country of origin, or a certificate issued by a 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;
- a certificate issued by a competent agency of the country of origin on the right of the applicant to apply for registration of the geographical indication pursuant to the provisions of Section 9 (1) of the Geographical Indication Protection Act;
- a document certifying the payment of the state fee;
- an authorisation document if the applicant has a representative.
The procedure for issuing the aforementioned certificates is regulated by the Government of the Republic in the Regulation of Competence of administrative agencies in implementing the Geographical Indication Protection Act.