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Geographical Indication as an Object of Intellectual Property Rights

Student: Sidaga Victor

Supervisor: Valentina Sinelnikova

Faculty: Faculty of Law

Educational Programme: Private Law (Bachelor)

Year of Graduation: 2021

The aim of the study is the analysis of the regulation of the institution of geographical indications in Russian civil law, foreign legislations and international treaties to find out the specifics of this legal institution, as well as its controversial elements and prospects for further practical application. Within the framework of this study, the following tasks were set: analysis of the constituent elements of the concept of "geographical indication", in particular, the stages of production of goods in relation to which such designations are registered, clarification of the element "significant influence" specified in clause 1 of Article 1516 of the Civil Code of Russian Federation, and an assessment the applicability of the general rules on exclusive rights in relation to geographical indications. As a result of the study, the author proposes to apply the experience of European legislation to clarify the stages of production in the application specifications, to reveal the element of "significant influence" on the basis of the foreign concept of "terroir" and comes to the conclusion about the different nature of exclusive rights and geographical indications, so the author proposes to transfer the rights to geographical indications in a separate category, different from the traditional exclusive rights.

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