Geographical indications of origin for agricultural products: legal realities and perspectives in the conditions of eurointegration

Abstract

The article researches the international legislation and EU legislation in the field of protection of geographical indications of origin for agricultural products, analyzes the national legislation in this area, suggests ways and means of its improvement with the aim of implementation in the conditions of European integration. The author finds that one of the areas of adaptation of national legislation to EU legislation within the framework of quality policy is the protection of geographical indications of origin for agricultural products and foodstuffs. The concept of geographical indication, which according to EU legislation is considered in two categories: protected designation of origin, and protected geographical indication. Their common and distinctive features have been clarified. The article researches in detail the dual procedure for the registration of geographical indications of origin for agricultural products at the national and EU level in accordance with European legislation. The legislation of Ukraine in the field of legal protection of geographical indications is analyzed and the conclusion about its is non-conformity with European requirements in the part of the subject structure, state registration, specification, marking and legal protection. It is noted that the draft Law "On Amending Certain Legislative Acts of Ukraine on Improving the Legal Protection of Geographical Indications", which was adopted in the first reading, is currently being drafted. It is indicated on its positive aspects, in particular: the introduction of geographical indications of the State Register of Ukraine as well as requirements for product specification and labeling, which are important in the aspect of adaptation to EU requirements, however, also revealed a number of significant shortcomings. The author argues that the system of geographical indications for agricultural products is not formed, but its establishment is important for the development of rural areas, it is proposed the establishment of a number of legal, organizational and economic measures.