Designation of origin and geographical indications

What is it and how to register it ?

What is a designation of origin ?

Designation of origin for a product is the name of a specific place, a region or, in exceptional cases, a country, used to describe an agricultural product originating in that specific place, region, or country, if the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined specific place, region, or country.

What is a geographical indication ?

Geographical indication for a product is the name of a specific place, a region or, in exceptional cases, a country, used to describe an agricultural product originating in that specific place, region, or country which possesses a specific quality, reputation or other characteristics attributable to that specific place, region, or country and the production, processing or preparation of which take place in the defined specific place, region, or country.

How and who may apply for registration of designation of origin or geographical indication ?

An application for designation of origin ("application") may be filed by the corporation or association of producers or processors regardless of legal form or composition ("association") for a product produced, processed and prepared in the specified territory. An individual natural person or a legal entity may apply for registration, provided that at the time of filing of the application it is the only person that produces, processes and prepares the product in the specified territory ("applicant"). Another natural person or legal entity which submits the application independently, provided that production, processing and preparation of the product with defined quality or characteristics takes place in the defined specific place, has the right to become a member of association, if fulfils conditions of membership in association, that are neither discriminatory nor in conflict with legally binding rules of economic competition. The association is obliged to issue a certificate of membership to its members upon request.

Request for registration of designation of origin or geographical indication is necessary to submit with determination of the product or, in case of agricultural product or foodstuff, their specification agreed by the Ministry of Agriculture of the Slovak Republic.

What rights are conferred to the holder and users of designation of origin and geographical indication by registration?

Only the holder of the registration certificate for a designation of origin for product ("holder of the registration certificate") and user of registered designation of origin for product ("user") is entitled to use registered designation of origin. Holder of the registration certificate has the right to prohibit the use of designation of origin by user if the designated product lacks the characteristics or quality which are due to a particular geographical environment or does not comply with the requirements of specification for agricultural product or foodstuffs.

Holder of the registration certificate or the user may assign on the product the information that this is a registered designation of origin. No license may be granted for the registered designation of origin. The right of lien on registered designation of origin may not be established. Registered designation of origin may not be a subject of an assignment. Protection of designation of origin arises on the day of its entering in the register. Duration of protection of designation of origin is not limited in time.