Approved
by Decree of the Cabinet of Ministers
of Azerbaijan Republic
September 11, 2000
No.: 166

RULES
FOR FILING AND EXAMINATION
OF THE APPLICATION ON REGISTRATION
OF GEOGRAPHICAL INDICATIONS

"Rules For Filing And Examination of the Application for Registration of Geographical Indications" have been prepared and are based on the Law of the Republic of Azerbaijan "On Trademarks and Geographical Indications".

The List of abbreviations used:

Chapter I
General Provisions

1. In accordance with the Article 1 of the Law, the geographical indication is an indication which informing on a good of origination in the territory of a State, or a region or locality in that territory (geographical area) reflected special quality, reputation or other essentially characteristic of the good.

Geographical indication identifies geographical area of one or several enterprises (undertakers), making some kinds of the goods or rendering some kinds of services with use of the given geographical indication.

Each enterprise located in the area of geographical indication, has the right to use the given indication for the goods, originally concerned to the given geographical object, or for services, rendered in the given geographical object, if are observed quality and essentially characteristic of the good determined for the made goods and for each rendered service.

Geographical indication may be registered as a collective mark. A collective mark may be determined as a mark for distinguishing the goods or services, materials, modes of production, quality or other general characteristics of the various enterprises simultaneously using the collective mark under the control of its owner. Thus, all members of association should have the enterprises in the specified geographical object, to make the goods or to render service according to the requirements determined by a special commission of local executive authority.

2. Signs registered as geographical indications

2.1. Geographical names of the country, city, zone or locality may be registered as geographical indications in accordance with Article 8 of the Law.

Along with the geographical name, legal protection of the geographical indication shall extend both to its graphic or figurative representation.

A geographical name may be used as a characteristic element of goods or services if it does not signify misleading or false origin.

The use of geographical indication shall be intended for undertakers of services rendered in the locality.

The official name of the geographical area, its historical name or any derivates from them may be constituted as a geographical indication.

Special quality, reputation and characteristic of the geographical indication can be expressed (created) by an origin of the goods, due to natural conditions and human factor or, simultaneously expressed as natural conditions and human factor.

Natural conditions especially are meant as a climate, configuration of locality, structure of ground, water and other factors.

Human factor is meant as professional experience, know-how, ethnographic characteristic and traditions of the people living within a geographical object.

2.2. The following signs shall not be registered as geographical indications:

Chapter II
Application

1. Filing an Application

The application for registration of geographical sign is to be filed with SCSE by the applicant (legal entity or natural person).

The applicant may file the application with SCSE in following order: Foreign legal entities or natural persons shall file the application with SCSE only through patent attorney, excluding persons, engaged in undertaking activity in the Republic of Azerbaijan, if intergovernmental treaties to which the Republic of Azerbaijan is party are provided by other provisions.

2. Contents of the application

The application shall contain a request and the required documents attached thereto and shall relate to one geographical indication only.

A request for registration of geographical indication shall contain: The request for registration shall be accompanied by the following: 3. Language of the application

The request for the registration of geographical indication is to be submitted in Azerbaijani language.

Other documents enclosed in the application may be submitted in Azerbaijani language or in another language. The translation into Azerbaijani language of materials of the application, submitted in other languages should be provided within 2 months after the date of document's submission.

If the applicant fails to submit, within the prescribed time limits, the documents translated in Azerbaijani language to the SCSE or fails to file a request for extension of the mentioned time limits containing reasonable grounds therefore, the application shall be considered not to be submitted. After the payment of additional state fee the established term can be extended up to 2 months.

4. The number of copies

The application shall be submitted in two copies. All other documents enclosed therewith shall be submitted in one copy except the sign submitted for registration.

The picture of the claimed sign shall be submitted in 12 copies.

The application and documents enclosed therewith shall be in typed format.

5. Signature

The applicant or his patent attorney shall sign the application.

If the applicant is a legal entity, he/she shall bear the signature of the head of the organization or a person authorized to do so. The name, surname and post held by the person that put his signature shall be indicated, and the signature shall be affixed with the seal of this organization.

All other documents enclosed the application shall be signed and affixed with the seal as indicated above.

When a patent attorney files the application, the patent attorney shall sign it.

6. Application

The application shall be filed in accordance with the form provided by SCSE, and shall contain all necessary information.

In case any information does not fit in its corresponding place, by writing in this place "See continuation on additional page", the required information is given on the additional page.

7. Claimed sign

7.1. The description of the claimed sign

Description of the claimed sign, the name of geographical indication (official name, historical name or derivative from them) is represented by a standard font.

Description of the claimed sign can be represented as well as the picture.

The sign registered as the geographical indication, can additionally have independent, legally not protected kind (kind of characteristic of the goods, signs with fantasy, picture).

Image of the claimed sign is submitted as a printed copy or graphical reproduction in 50x50 mm size (depending on the sign type, size of one of the sign's side my be shown up to 100 mm). If claimed sign is represented as a label, a label itself, shown in its natural sizes, may be submitted as a picture of the claimed sign.

The geographical indication can be registered black and white or in any color or combination of colors.

Picture of a sign should be done in a qualitative graphical form. One variant of a sign description is enclosed to each application.

7.2. Kind of application

Application has the below-mentioned kinds: 7.3 Kinds of goods with the indication of a place of origin

The name of the goods or service (services) should be specified in the application, to which the geographical indication will concern. In this case should be specified only such kinds of goods origin, which characteristics are connected to natural conditions or human factors of the geographical indication. (i.e. manufacture of foodstuffs, including wines and spirits on the basic raw materials of the geographical indication).

The origin of goods should be submitted by the borders of geographical object (zone covered with geographical object). The borders of geographical object should be designated by indications of coordinates of natural borders of object - rivers, mountains, lakes, administrative borders, capital structures, communications etc.

7.4. Description of characteristics of goods or services

Characteristics of goods or services should specify characteristics that are different from similar characteristics and rendered services.

The characteristics of geographical object describing its dependence on natural conditions and (or) human factors should be reflected in the picture.

The picture should be of an informative character. The presence in geographical object of an initial product, the appropriate climate, geological or other environment, people (collective) manufacturing the given goods by a traditional way should be especially underlined.

7.5. Documents enclosed with the application

Document enclosed with the application and issued by a body of local executive power should specify, that the applicant is really located in the indicated geographic point and is engaged in manufacture of goods, should be marked, that his own specific properties are determined by the natural conditions and human factor of the respective geographical object.

At definition of characteristics of goods and services the body of local power could involve the organizations and experts competent of the given field. The Revocation response should be prepared by the specialized organization authorized to estimate a product and rendered services. The presence of the person who has produced an offered product should be confirmed within the geographical object.

7.6. Document attesting the right of the foreign applicant to the claimed geographical indication

The said document should be a license or certificate issued by a body authorized on use the geographical indication in the country of goods' origin. The original of the license (certificate) or its duly certified copy is represented.

Chapter III
Execution of Applications with SCSE for Registration Geographical Indication

1. The Representative Assignment

1.1. The applicant having submitted the application to SCSE appoints his representative by giving him a corresponding power of attorney to fulfill the process connected with application and protection of his interests.

1.2. Fulfillment of legally important activities connected with the trademarks' protection can be performed by the applicants, that are natural persons and legal entities of the Republic of Azerbaijan, themselves or through a patent attorney registered in SCSE.

1.3. Representatives of natural persons living outside the Republic of Azerbaijan or foreign legal entities (foreign applicants) or their patent attorneys may submit the applications, receive the protection document, provide its validity and other legally important actions only through their patent attorneys registered in SCSE.

1.4. Power of attorney for a representative can be presented together with the application or during the clerical work, according to Article 9 of the Law.

1.5. Power of attorney is to be enclosed with the exacting document.

1.6. Representative authority is limited by the term shown in the power of attorney.

2. Correspondence with SCSE

2.1. Correspondence is performed by the applicant or his authorized representative separately on each application.

All additional materials concerned with the application and represented to SCSE after the application submittal shall indicate the application number, date of submittal, and confirmed by the signature of the applicant or his representative.

2.2. Clerical work connected with the application is performed within a term defined by the Law. If a term of clerical work is defined with the words "within the period ………." and last day of the term is turned out to be a nonworking day, the day coming after the last defined day will be the last day of clerical work. If the last day (date) of the defined term does not coincide with the day of a corresponding month, i.e. this month has no such day; last day of the current month is considered to be the last day of the term.

2.3. If correspondence is performed by the applicant representative, the term of the materials submitted to SCSE are defined by the materials submittal date to SCSE by a representative.

3. Amendments and correction of materials of the exacting document

3.1. During the application expertise, but before taking any decision on this application, the applicant has a right on his initiative to amend, adjust and correct the application materials.

3.2. Any changes in the application are made by submission of an exacting document of the determined form by the applicant. The applicant receives the notification from SCSE about acknowledgment of receipt and results of the expertise.

The exacting document should include the certificate at the payment of the state fee determined for making any changes in the application.

If the exacting document does not include the certificate at the payment of the state fee or the amount paid does not correspond to the indicated amount, the materials will not be accepted for expertise and the applicant receives corresponding notification.

If the patent attorney and correspondence address have been changed, no fee should be charged.

3.3. In case of mistakes in the materials of the exacting document the applicant should submit the appropriate application to SCSE. Application should be signed by the applicant or his/her patent attorney and should indicate the number of the exacting document. SCSE shall make appropriate corrections according to applicant's request.

4. Familiarization with materials of the exacting document

The applicant shall have the right to get familiar with the materials specified in the examiner's decision. The applicant may request a copy of the said materials within one month following the date of receipt of the decision, provided that he pays prescribed state fee.

5. Consideration of the exacting document with participation of the applicant 5.1. Consideration of the exacting document with participation of the applicant or his representative is generally carried out in cases of simultaneous dependence of goods and services (on which the sign is applied) on the natural conditions and human factor, clarification of applicant's positions and expertise on the ability of protection of the claimed sign, possibility to grant of the right to use of the geographical indication for given goods and services and their registration, and expertise's need for additional explanations.

Consideration of the exacting document with participation of the applicant (or his representative) carried out if necessity in the additional explanations about the claimed sign and clarification of terms of its registration. This process is performed by the expertise request or the applicant's request after familiarization of both the parties with a raised question.

5.2. The expertise requirements are shown in the request sent to the applicant. Applicant, in response to expertise's request, should submit additional documents within 2 months after the receiving of the request (regardless of applicant's participation in discussions).

Any question connected with the application the applicant may submit through request.

5.3. The date and term of the application examination should be agreed beforehand. If one of the parties connected with consideration of the exacting document is not able to participate in the process, the other party should be notified of the fact.

5.4. Participation of the representative in the application examination is permitted by fulfillment of the terms shown in the Paragraph 15 of the Law.

6. Extension of submission period of materials on the basis of request

6.1. Following the applicant's request, provided that additional state duty is paid, terms of representation of any materials can be extended for 2 months since the obtaining of the request.

6.2. The applicant should submit the request on the term extension within 2 months since obtaining of the request.

6.3. The applicant is notified of the decision concerning the term extension on the requested materials.

6.4. Should the applicant submit the term extension application not following the Paragraphs 15.1 and 15.2 of the Rules or the paid duty is not equal to the determined one, the documents submittal term is not extended and the exacting documents is considered not to be submitted. Applicant is notified of the fact.

7. Recall of exacting document

7.1. The exacting document can be recalled at applicant's request on any stage of its consideration.

7.2. The exacting document for registration of geographical indication as collective mark can be recalled only with consent of all members of association, entitled to use this sign.

7.3. The exacting document is considered recalled from the date of notice to the applicant on acceptance of his request.

Chapter IV
SCSE Consideration of Exacting Document

1. Registration of the exacting document

1.1. The submittal date of the exacting document to SCSE is considered to be the incoming date of the exacting document. The exacting document and the application submitted to SCSE get their corresponding numbers that are to be noted on the exacting document. Alongside with it, the exacting document submittal date to SCSE (including an hour and minute next to the date as well) should be noted on the exacting document. At the same time these indications are to be noted on the second copy of the exacting document and be presented to the applicant (his patent attorney, representative).

1.2. Should the application submitted in other language than Azeri, it is not considered to be submitted and return to the applicant.

1.3. The registered application does not return.

2. Preliminary Examination

2.1. A preliminary examination of the exacting document shall be carried out within one following the date of receipt of the exacting document.

2.1.1. A preliminary examination of exacting document shall be carried out to verify the compliance of enclosed documents with fixed requirements, the contents of documents, as well as availability of below mentioned documents:

a) a request to register a geographical indication and the application for granting the right of use or application for granting the right of use by the registered geographical indication;

b) the name of the applicant, residential place, signature (when the application is filed through a patent attorney- the name, second name, address and signature of the patent attorney);

c) the picture of the claimed geographical sign;

d) the list of goods or services for which the claimed geographical sign is sought and granting the right of use or application for granting the right of use by the registered geographical indication;

e) the borders of the geographical area, where the product is manufactured or service are to be rendered;

f) the description essentially characteristics of goods' and services;

g) document, confirming payment of state fee;

h) where the application is filed through a patent attorney, a document certifying the power a of the patent attorney;

i) document and reference of the respective body of executive power about location of the applicant at the specified geographical area, production of goods or rendering of services, specialties of which are essentially a consequence of its geographical location;

j) the regulations of the collective mark including the name of the association authorized to have the collective mark registered in its name, the name of all constituting members of the association that are authorized to use collective mark, the list of goods and services in respect of which the collective mark is intended to be used specifying qualitative or other common characteristics thereof;

k) document attesting the right of the foreign applicant in the claimed geographical indication in the country of origin of the goods;

l) translation of enclosed materials of the exacting document, submitted in other languages than Azeri.

2.1.2. A preliminary examination shall be carried out in order to verify the presence of the necessary documents and information and their compliance with the conditions of these Rules prescribed in subparagraphs a, b, c, d, e of this paragraph.

2.1.3. The date of receipt of the exacting document is determined by incoming date of the information and documents, stipulated in subparagraphs a, b, c, d, e, paragraph. 2.1.1, Chapter IV of these Rules.

2.2 Request on the materials not found in the exacting document or amendments

2.2.1. If on the first stage of the expertise it is determined that the application does not meet the requirements set out in the present Rules, the applicant is notified of the request to submit the necessary or correctly filed documents.

The applicant is obliged to answer the request within 2 months after its receiving.

This term can be extended to 2 months at the applicant's request and under payment of the state fee.

2.1.4. The following may be specified as the request basis: During examination of the exacting document the expert could request of the applicant the necessary additional documents.

2.2.3. If the applicant's answer does not satisfy the request, the applicant may be sent a repeated request.

2.2.4. If the applicant violates the conditions shown in the Paragraph 21, Chapter IV or does not answer the request, the application is considered not to be submitted and the applicant is notified on this fact.

2.3. Decision on Acceptance of the Application for Consideration

If the application materials meet the specified requirements, and the applicant submitted necessary information or documents in time, the applicant receives decision on acceptance of the application for consideration from the date of its submission.

2.4. The decision on the refusal to consider the exacting document

The decision on the refusal to consider the exacting document should include the request for additional documents and information, stipulated in the Law and present Rules.

If the necessary documents or materials are not represented in the applicant's answer to the expertise request, the application is not submitted for consideration and the corresponding decision will be made.

The decision on the refusal should be based on the following: 3. Expertise of the claimed geographical indication

3.1. The expertise of geographical indication is to be carried out after the completion of the expertise of exacting document.

During the expertise the following is to be checked:

3.2. During examination of compliance of the claimed mark (sign) with the requirements for geographical indication the following is to be checked: 3.3. Decision on the Registration of the Geographical Indication and the Grant of the Right to Use of Given Geographical Indication. Decision on the Grant of the Right to Use of Already Registered Geographical Indication.

3.3.1. In case of compliance of the claimed sign with the requirements of the present Rules and if the sign is not found in the register, the decision on the registration of the geographical indication and grant of the right to use of the given sign should be taken.

3.3.2. In case of compliance of the claimed sign with the requirements of the present Rules and if the sign is found in the register, the decision on grant of the right to use already registered geographical sign should be taken.

3.3.3. The following information should be reflected in the decisions on the registration of the geographical indication, grant of the right to use of the given sign and on the grant of the right to use of already registered geographical sign: 3.4. Decision for refusal of registration of geographical indication and granting of the right to use it. Decision for refusal of granting of the right to use of already registered geographical indication.

3.4.1. The decision for refusal of registration of a geographical indication and grant of the right to use it should be taken, if as a result of expertise of the claimed sign it does not conform with the established requirements and if the given sign is not found in the register.

3.4.2. The decision for refusal of grant of the right to use of geographical indication should be taken if as a result of the expertise of the claimed sign it does not conform with the established requirements and if the given sign is already registered in the register.

3.4.3. The decision for refusal of registration of geographical indication and granting of the right to use it and the decision for refusal in granting the right to use already registered geographical indication should explained the reasons of refusal of registration of geographical indication and granting of the right to use it.

4. Examination of additional materials

4.1. The additional materials, submitted by the applicant according to the request of the expertise, are examined on the fact of time constraints, established for their submission.

4.2. The additional materials, submitted by the applicant on his own initiative or by expertise request and accepted for consideration, are examined on the fact if they affect on the essence of the application.

If the additional materials represent the below-mentioned, it is considered that they change the essence of the application: 4.3. In case, the additional materials are considered to be changing the essence of the exacting document, before acceptance a corresponding decision of examination, the document reflected the grounds of a corresponding decision included in additional information, is required.

5. Filing a notice of opposition against to the preliminary examination of exacting document

5.1. The applicant shall have the right, within 3 months following the date of receipt of the decision, to file a notice of opposition with the commission of Appeal against to the preliminary examination of geographical indication.

5.2. The commission of Appeal, within 2 months following the date of receipt of the opposition shall consider the notice of opposition.

5.3. The applicant and his patent attorney shall have the right to participate in consideration with the commission of Appeal of the notice and to familiarize with the taken decision.

5.4. The applicant shall have the right, within 3 months following the date of receipt of the decision of the commission of appeal to the Courts.

6. Restoration of rights contingent on time limits

6.1. An applicant who fails to comply with the time limits for applying with the notice of opposition to the commission of Appeal may by reinstated in his rights by the SCSE within six months, if he presents legitimate reasons and pays the prescribed fee.

6.2. Along with the legitimate reasons for restoration of rights contingent on time limits the necessary documents according to the requirements of examination and document confirming payment of the prescribed state fee should be submitted. The application is considered not handed over at the Lack of these documents.

7. Registration of geographical indications

The applicant should pay the prescribed state fee within 2 months following the date of receipt of the notice about registration a geographical indication, publishing official information and issuing related certificate.

On the basis of the examiner's decision or in the case of a favorable decision of commission of Appeal concerning the opposition, SCSE shall register within 1 month thereof in the State registers.