Perm University Herald. Juridical Sciences. 2018. Issue 4 (42)

O. A. Ruzakova, Kutafin Moscow State Law University (MSAL)

E. S. Grin, Kutafin Moscow State Law University (MSAL)

Introduction: the article is devoted to the analysis of legislation on geographical indications in the Russian Federation and foreign countries. We have witnessed the emergence of an imperative to introduce some measures for protection of geographical indications as means of providing brand identity into the laws of the Russian Federation. This imperative trend is predetermined by Russia’s participation in several international treaties, the problems with registration of geographical indications for production (appellations of origin), the need to develop regional branding, as well as foreign experience. At the same time, the introduction of legal protection for geographical indications gives rise to several problems with regard to the enforcement of these measures in conformity with the norms of public law, specifically with the Federal Law No. 171-FZ of November 22, 1995 On the State Regulation of the Production and Turnover in Ethyl Alcohol, Alcoholic and Alcohol-Containing Products, and on the Restriction of the Consumption (Drinking) of Alcoholic Products and others. The article reviews the international experience of regulating rights to geographical indications, considers reasons to introduce the protection of geographical indications in the Russian Federation, and the specific features of the proposals incorporated in the draft federal law No. 509994-7 On Amending Part Four of the Civil Code of the Russian Federation, passed by the State Duma in its first reading in July 2018. Purpose: to identify the special aspects of international legal regulation of relationships where the object is a geographical indication, in order to establish the possibility of using them to improve the laws of the Russian Federation, and to evaluate the prospects for introducing legal protection of geographical indications in the legislation of the Russian Federation taking into account the existing legal mechanisms. Methods: dialectical, formal, logical, functional and other general scientific methods as well as special techniques used by legal scholars: comparative law research and legal research. Results: the current Russian and foreign mechanisms used to protect the names of geographical locations where products with specific qualities are produced have been identified and described. Based on a comparative and formal legal analysis, the possibilities to introduce legal protection for geographical indications in the Russian Federation and problems arising as a result of such introduction have been identified, possible solutions to the problems have been proposed. Conclusions: based on the analysis of the laws on product brand identity in Russia and several foreign countries and taking account of the vector of the development of the regional policy in the Russian Federation, it is concluded that now is the time when all of the necessary prerequisites for the introduction of legal protection for geographical indications into Russian legislation should be available, including through amendments to article 1225 of the Civil Code of the Russian Federation and improvements to the civil and legal mechanisms of registration and protection of appellations of origin of products. As a result of the analysis of the proposals to amend legislation under the draft federal law No. 509994-7 On Amending Part Four of the Civil Code of the Russian Federation  (hereinafter the Draft Law),  several problems which require a solution have been identified, specifically: the problem of conformity with the norms of the Federal Law No. 171-FZ of November 22, 1995 On the State Regulation of the Production and Turnover in Ethyl Alcohol, Alcoholic and Alcohol-Containing Products, and on the Restriction of Consumption (Drinking) of Alcoholic Products. In order to solve this problem, it is proposed to introduce a transitional stage whereby the liability provisions proposed in the Draft Law would not apply to persons in possession of licenses to produce wine products with protected geographical indications, etc.