Geographical Indications
Legal Basis
– Law on Geographical Indications, No. 855, dated July 3, 2012.
Protection
Definition: the term geographical indications means appellations of origin or indication of source (geographical or historical name).
Foreigners: enjoy the same rights as nationals; may appoint a Tajik agent or file directly to the Patent Office.
Granting of protection: for appellations of origin, by registration.
Duration – extension: ten years from the filing date, extendible for a further ten years.
Termination of the protection: where the relationship between the properties of the goods and the geographical environment no longer exists.
User right: appellations of origin may be used only by person(s) registered as user(s) of the appellations of origin.
Assignment: not admissible.
License: not admissible.
Invalidation: by request of an interested party, when it is registered in violation of the law or when the protection of a foreign geographical indication is declared invalid in the country of origin.
Appeal: the refusal of registration may be appealed before the Appeal Board of the Patent Office and then before the Economic Court of Tajikistan.