For Unlawful Use of “Kindzmarauli” an Infringer was sentenced to Imprisonment in the Russian Federation

Successful enforcement of rights on Georgian appellation of origin “Kindzmarauli” took place in the Russian Federation. The court sentenced a person who was using unlawfully the appellation of origin “Kindzmarauli” to imprisonment for a term of one year and one month. In February of last year, the relevant unit of the Ministry of Internal Affairs of the Russian Federation arrested in Volgograd an entrepreneur accused of storing 830 bottles of counterfeit alcoholic drink, labeled with Georgian appellation of origin “Kindzmarauli”. The National Intellectual Property Centre of Georgia Sakpatenti, through a hired legal company, became engaged in the legal proceedings related to the given case and requested implementation of legal measures with respect to the infringer. In February, 2018, the District Court of Volgograd passed a verdict of guilty against the accused infringer. By the ruling of the court, the counterfeit goods bearing the given appellation of origin were also destroyed.

Sakpatenti is working actively on the protection of Georgian geographical indications and appellations of origin abroad. A few months ago, Sakpatenti applied to the European Commission Directorate-General for Agriculture and Rural Development and requested prevention of the presumably unauthorized use of the appellation of origin of Georgian wine “Kakheti” (Kakhuri) as well as the geographical indication of Georgian cheese “Sulguni” on the territory of Poland and Latvia.

In accordance with Article 175 of the Association Agreement between Georgia and the European Union, appropriate administrative measures were carried out in these countries. Namely, in case of the cheese the labeling was changed, whereas the wine batch was withdrawn from the market. 

In addition, a meeting of the Geographical Indications Sub-committee of the European Union and Georgia will take place on March 14, 2018, in Tbilisi. During the meeting the parties will discuss facts of infringement of rights on Georgian geographical indications and appellations of origin (“Khvanchkara”, “Kindzmarauli”, “Churchkhela”) on the territory of the European Union, in particular, Estonia and Latvia, and, in this regard, will consider issues of rights enforcement and implementation of protection mechanisms by the European Union in accordance with the Association Agreement.

The above-mentioned cases are good precedents for wine producers  to intensify  the protection of their rights.