Правовые особенности географического указания как средства индивидуализации

Abstract

The object of the study is civil legal relations arising in the process of formation and implementation of such a means of individualization of the results of the activities of subjects of civil law as a geographical indication. The subject of the study is the norms of civil law regulating the legal regime of geographical indication as an object of civil rights. The aim is to identify gaps in the regulation of the formation of the legal regime of geographical indication and to develop proposals to eliminate them. The specific tasks are: the study of issues related to the possible choice of a designation that can be registered as a geographical indication; the identification of features associated with the registration procedure of a geographical indication. One of the main research methods is comparative, the study is based on the relationship with another means of individualization – the name of the place of origin of the goods. The results of the study can be represented by the following main conclusions. There are no legal requirements for the designation of a geographical indication, and therefore the designation of a geographical indication can be of various types and, by analogy with the norm – paragraph 1 of Article 1482 of the Civil Code of the Russian Federation, expressed verbally, figuratively, volumetrically or otherwise, allowing combinations of these types. Understanding the essence of a geographical indication, as well as distinguishing it from the name of the place of origin of the goods, does not arise from the characteristics of the goods, but by virtue of other legal criteria specified in this article.