Ukraine Introduces TSG Protection

On September 7, 2022, a new law entered into force in Ukraine introducing the protection of the so-called “traditional specialities guaranteed” (TSGs), as well as changes regarding the protection of geographical indications (GIs). The changes bring the Ukrainian legislation in line with Regulation (EU) No. 1151/2012 on quality schemes for agricultural products and foodstuffs and with the EU-Ukraine Association Agreement.

TSG designation differs from the GI and PDO (protected designation of origin) insofar that this quality scheme does not link a product to its geographical origin but highlights the specific character of a product, the traditional composition or means of production of the product.

More precisely, the designation has to refer to a traditional agricultural product or foodstuff; indicate the specific character of the product or foodstuff; describe a product that is the result of a specific production/processing method or that is characterized by a composition that corresponds to a traditional production/processing method; or describe a product produced from raw materials or ingredients that have been used traditionally. Moreover, the product has to retain its specific character regardless of changes in its packaging or labeling, while the designation has to be in line with the public interest and principles of humanity and morality.

It is also possible to grant legal protection to foreign TSGs, provided that such designations contain the term “traditional specialty guaranteed” or similar, as well as the name of the country or region of production.

The law provides for the creation of a new government agency which will cooperate with the Ukrainian IPO and be responsible for:

• Appointing a TSG examination commission;
• Processing TSG applications;
• Conducting quality control before and after TSG certificates are issued;
• Creating and maintaining the state TSG register; and
• Establishing boundaries for regions indicated by the GIs.

The law has also introduced a new provision related to GI protection. If an opposition is filed in Ukraine against a joint, cross-border GI application submitted by multiple applicants originating from different countries, the opposition procedure is carried out simultaneously in each country of origin of applicants, and the applicants therefore have to ensure that all relevant documents are submitted to each country’s IPO. This new provision is expected to ensure a thorough evaluation of a contested joint application because it will involve multiple examiners from different countries.

By: Ostap Khomyn

For more information, please contact Ostap Khomyn at our Ukraine office.