PLURALITY OF EXCLUSIVE RIGHTS OF GEOGRAPHICAL INDICATION

Abstract

The author in this study examines the features of the subject composition of the holders of the exclusive right to a geographical indication and appellation of origin. The author aims to identify gaps and problems in the normative legal regulation of the studied designations using theoretical and practical analysis of the current legislation. Uniqueness and active development of the institute requires increased attention to it due to its own peculiarities of regulation and legal protection. One of the most important tasks of the research is to resolve the issue of plurality of exclusive rights which is different from the concept of plurality of subjects of law. In the paper we study the individual subjects of such rights, in particular the associations. The author questions the appropriateness of granting associations an exclusive right because of the very mediocre connection of some of their members to the process of commodity production. In order to better understand the author’s intention, examples of situations constructed from official data of Russian and foreign associations are examined. The topic explores the positions and views of Russian academics, including the legal nature and nature of the right to geographical indication and appellation of origin in terms of exclusivity and absoluteness of these rights. The author also touches upon the topic of allocation of shares of the exclusive right and its prospects. As a result, the risks of vesting the right in such entities and the actual possibility of occurrence of adverse consequences have been assessed. In addition to his own assessment of the advantages and disadvantages, the author considers the opinions of leading experts in the field, including the head of the department of examination of applications for registration of geographical indications and independent, practicing lawyers.