This week, the Ukrainian delegation at the United Nations (UN) actively opposed the illegal registration of the geographical indication "Melitopol cherry" by Russia. According to official statements from Ukraine, this move by Russia is a violation of international laws and agreements on intellectual property.
The Ukrainian government delegation calls on the General Assembly of the World Intellectual Property Organization (WIPO), which is currently taking place in Geneva, to respond to Russia's appropriation of the geographical indication "Melitopol Cherry", reports the Ministry of Economy.
On July 12, 2024, the Federal Service for Intellectual Property of the Russian Federation (Rospatent) announced on its website the registration of the designation "Melitopol Cherry". In particular, it is said that "Melitopol cherry" became the first registered regional brand of the so-called new regions of the Russian Federation (actually - temporarily occupied territories of Ukraine) — a geographical indication from the Melitopol district of the Zaporizhia region.
Rospatent also called on representatives of the temporarily occupied parts of Donetsk, Luhansk, Zaporizhzhya and Kherson regions to register their brands and other objects of intellectual property in order to promote their goods and services on the markets, and declared that he would provide all necessary assistance.
The department emphasizes that Ukraine has repeatedly expressed strong protests on the sidelines of the WIPO General Assemblies against the constant violations of international standards in the field of intellectual property by the authorities of the Russian Federation. In particular, Russia continues to provide false information about the addresses of applicants from the temporarily occupied territories of Ukraine through international trademark and industrial design registration systems.
The head of the government delegation, Deputy Minister of Economy of Ukraine Vitaly Kindrativ, emphasized the inadmissibility of such actions on the part of Russia: "It is very difficult to use the words "Russia" and "intellectual property" in the same sentence, because Moscow has proven that it has never respected either rights or property , nor the achievements of others. The world community will never recognize this theft. Melitopol will be liberated and the Melitopol cherry will remain Ukrainian."
This is another crime of a terrorist country against the national property of Ukrainians, said the director of the Ukrainian National Office of Intellectual Property and Innovation (IP Office) Olena Orliuk, who is also a member of the government delegation:
"Russia is killing our children, razing our cities and our self-identity to ashes. The fact that the rospatent actually stole the Ukrainian geographical indication is yet another proof of Moscow's wretchedness. Having no inheritance of their own, they occupy, steal and appropriate other people's gains."
When was the "Melitopol cherry" registered trademark and what is it
In Ukraine, "Melitopol cherry" was registered as a geographical indication in July 2020 (register of geographical indications at the link).
A geographical indication (GI) is an object of intellectual property that identifies a product originating from a certain geographical location and confirms its compliance with high quality standards. In order to register a GZ, it is necessary to go through a number of permitting procedures in various bodies (depending on the type of product), because it is about the high quality and uniqueness of the product and its reputation.
The country of origin of "Melitopol cherry" is Ukraine within internationally recognized borders.
So, with its actions, Russia once again nullifies any international obligations and international agreements, in this case — in the field of intellectual property.
In particular, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines mechanisms for the protection of intellectual property rights, including geographical indications, in member states of the World Trade Organization, which also includes Russia.
The Convention on the Establishment of the World Intellectual Property Organization of 1967, to which Ukraine became a member as a co-founding state of the UN, aims to promote the protection of intellectual property throughout the world through mutual understanding and cooperation between states, based on respect for sovereignty and equality.
In 2019, Ukraine implemented the norms of European legislation in terms of legal protection of geographical indications to fulfill obligations under the Association Agreement with the EU. And the GZ "Melitopol cherry", like other geographical indications of Ukraine, was officially transferred to the European side for obtaining legal protection on the territory of the EU.
Ukraine will use all legal mechanisms to protect its geographical indications.
Russia has been appropriating Ukraine's intellectual property since 2014 — since the occupation of the Crimean peninsula. In particular, such Crimean wines as "Balaklava", "Magarach", "Noviy Svit", "Meganom", which are also geographical indications of Ukraine, are illegally registered in the Russian Federation.
