"Melitopol sweet cherry" is Ukrainian: Kyiv calls on WIPO General Assembly to respond to theft of geographical indication by Russia

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 Melitopol Cherry geographical indication, UNN reports with reference to the Ministry of Economy.

Details

On July 12, 2024, the Federal Service for Intellectual Property of the Russian Federation (Rospatent) announced on its website the registration of the Melitopol Cherry designation. In particular, it is stated that "Melitopol Cherry" became the first registered regional brand of the so-called new regions of the Russian Federation (in fact, the temporarily occupied territories of Ukraine) - a geographical indication from the Melitopol district of Zaporizhzhia region.

he USPTO also called on representatives of the temporarily occupied parts of Donetsk, Luhansk, Zaporizhzhia and Kherson regions to register their brands and other intellectual property to promote their goods and services in the markets and stated that it would provide all necessary assistance. 

The office emphasizes that Ukraine has repeatedly expressed strong protests on the sidelines of the WIPO General Assemblies against the constant violations of international intellectual property standards by the Russian Federation authorities. In particular, Russia continues to provide false information about the addresses of applicants from the temporarily occupied territories of Ukraine through the international trademark and industrial design registration systems.

The head of the government delegation, Deputy Minister of Economy of Ukraine Vitaliy 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 the rights, property, or achievements of others. The international community will never recognize this theft. Melitopol will be liberated and Melitopol cherries will remain Ukrainian.

"This is another crime of the terrorist country against the national heritage of Ukrainians," said Olena Orliuk, director of the Ukrainian National Office of Intellectual Property and Innovation (IP Office), who is also a member of the government delegation:

"Russia is killing our children, turning our cities and our self-identity to ashes. The fact that Rospatent actually stole the Ukrainian geographical indication is yet another proof of Moscow's pathetic nature. Having no heritage of their own, they occupy, steal and take credit for other people's achievements."  

When Melitopol Cherry was registered and what it is

In Ukraine, "Melitopol sweet cherry" was registered as a geographical indication in July 2020 (the register of geographical indications is available at link).

A geographical indication (GI) is an intellectual property object that identifies a product originating from a specific geographical location and confirms its compliance with high quality standards. In order to register a GI, it is necessary to undergo a number of licensing procedures with various authorities (depending on the type of product), as it is about the high quality and uniqueness of the product and its reputation.

The country of origin of Melitopol Cherry is Ukraine within its internationally recognized borders.

Thus, by its actions, Russia is once again leveling 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 the mechanisms for the protection of intellectual property rights, including geographical indications, in the member states of the World Trade Organization, which also includes Russia. 

The 1967 Convention Establishing the World Intellectual Property Organization, to which Ukraine became a party as a founding member of the UN, aims to promote the protection of intellectual property throughout the world through mutual understanding and cooperation among States, based on respect for sovereignty and equality.

In 2019, Ukraine implemented the norms of European legislation in part  of the legal protection of geographical indications to fulfill its obligations under the Association Agreement with the EU. And GI "Melitopol sweet cherry", as well as other geographical indications of Ukraine, was officially transferred to the European side for legal protection in the EU. 

Ukraine will use all legal mechanisms to protect its geographical indications.

Russia has been misappropriating Ukraine's intellectual property since 2014, when it occupied the Crimean peninsula. In particular, Russia has illegally registered such Crimean wines as Balaklava, Magarach, Novy Svet, and Meganom, which are also geographical indications of Ukraine.