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Law No. 2800-IX “On geographical indications of alcoholic beverages.”

Pays/Territoire
Ukraine
Type du document
Législation
Date
2022
Source
FAO, FAOLEX
Sujet
Alimentation et nutrition
Mot clé
Viticulture/pratiques vinicoles Traçabilité/traçage du produit Droits de propriété intellectuelle/brevets Certification Transformation/manutention Emballage/étiquetage Enregistrement Contrôle de qualité alimentaire/innocuité des produits alimentaires
Aire géographique
Mer Noire, CEI (Communauté des États indépendants), Europe de l'Est, Europe, Europe et Asie Centrale
Entry into force notes
This Law enters into force on the day following its publication and shall be enforced two years after its entry into force.
Résumé

This Law defines the specifics of preparation for registration, use and protection of geographical indications of alcoholic beverages, as well as control over such geographical indications in order to prevent improper use of registered geographical indications of alcoholic beverages. Geographical indication of an alcoholic beverage shall be intended a name that identifies an alcoholic beverage that originates from the territory of a certain country or region as part of a country, settlement or locality in this territory, if the special quality, reputation or other characteristics of the alcoholic beverage are due mainly to this geographical place of origin. The National Intellectual Property Authority (NIPO) is a state organization that is part of the state system of legal protection of intellectual property, defined at the national level by the Cabinet of Ministers of Ukraine as exercising powers in the field of intellectual property, defined by this Law and other laws of Ukraine in the field of intellectual property, acts of the central executive body that ensures the formation and implementation of state policy in the field of intellectual property, and the statute, and has the right to represent Ukraine in international and regional organizations. The official name of the alcoholic beverage must consist of the term "alcoholic beverage made from distillation" and the name of the fruit (fruits) used in order of decreasing their quantity in the finished product. The right to register a geographical indication of an alcoholic beverage belongs to a producer or an association of producers, regardless of its organizational and legal form or composition, who produce an alcoholic beverage in a specified geographical location, the special quality, reputation or other characteristics of which are mainly determined by this geographical location, and in the cases established by this Law - the state in the person of an authorized body of state power. One producer has the right to register a geographical indication of an alcoholic beverage if: (a) he is the only producer of an alcoholic beverage in a specified geographical location and wishes to submit an application for registration of a geographical indication; and (b) the geographical territory in which the alcoholic beverage is produced has characteristics that are significantly different from the surrounding territories, or the characteristics of the alcoholic beverage differ from alcoholic beverages produced in the adjacent territories, or the alcoholic beverage has a special quality, reputation or other characteristics, mainly due to its geographical origin. Producers have the right to register geographical indications exclusively for alcoholic beverages they produce. The specification of the alcoholic beverage contains the following information: (a) the name applied for the registration of the geographical indication of the alcoholic beverage; (b) the category of alcoholic beverage or the term "alcoholic beverage" - if the alcoholic beverage does not meet the requirements of any of the categories of alcoholic beverages; (c) a description of the alcoholic beverage with an indication of the raw materials from which it is produced, the main physical, chemical or organoleptic characteristics, as well as special characteristics of the alcoholic beverage compared to other alcoholic beverages of the category to which it belongs; (d) definition of a geographical location that determines the special quality, reputation or other characteristics of an alcoholic beverage; (e) description of the production method, in particular the use of authentic and unchanged local methods (if available); (f) information that substantiates the relationship between the special quality, reputation or other characteristics of the alcoholic beverage and its geographical origin; (g) the name and location of the certification bodies that will check the compliance of the alcoholic beverage with the geographical indication of the specification, and their functions; and (h) special labelling rules (if available). This Law contains VII Sections divided into 26 Articles. Section I lays down general provisions. Section II regards preparation for registration and the procedure for registration alcoholic beverage. Section III establishes the particulars of the use of registered geographical indications of alcoholic beverages. Section IV regards certification of spirits with registered geographical indication. Section V establishes state control in the field of geographical indication of alcoholic beverages. Section VI establishes liability for violations of the legislation in the field of geographical indications of alcoholic beverages. Section VII lays down conclusive and transitional provisions.

Texte intégral
Ukrainien
Site web
zakon.rada.gov.ua