Russian company secured Georgian Khvanchkara as its trademark
31 March, 2011
Russian company secured Georgian Khvanchkara as its trademark

While Georgian wine companies long for getting back to Russian market, a Russian-based Dozortsev & Sons company enjoys an exclusive right of distribution of one of the most famous Georgian wine Khvanchkara in the US market. The case smells of the forgery of legal papers.
Trade embargo imposed on Georgian wines and agriculture products that started in 2006, never hampered the Russian-based companies to get profit out of Georgian wines. They produce Georgian-branded wines in Russia for domestic use on

the one hand and on the other hand, some of them export famous wines produced in Georgia to the overseas market.
Early this March one of the Kremlin-connected company’ founded in Dagestan, a federal subject of Russia located in the North Caucasus region, asked official patent body of Russian federation to register ten famous brands of Georgian wines as its trademarks so as to enjoy sales of these brands within the Russian territory. Russian side neither approved nor turned down the application as of yet and disseminates information [through its media] that Russia prohibited not brands but Georgian wines produced in Georgia. And that Georgian wines produced and bottled in Russia are in sale without restriction.
A Russian-based company Dozortsev & Sons went as far as secured exclusive right of distribution of Georgian Khvanchkara, one of the most famous Georgian wine brands, harvested and produced in Georgia to the US market. The story traces back to the notorious year of 2006 when Russian sanitary service prohibited Georgian wines for allegedly quality problems.
Dozortsev & Sons  has been distributing Khvanchkara provided by its Georgian partner  Racha Wines [Racha is a highland region of Georgia where Khvanchkara grape is exclusively growing and the single place where Khvanchkara wine can be produced] to the US market starting  1999 of the past century. In 2004 Dozortsev & Sons asked the US patent body to register Khvanchkara as its trademark to enjoy by exclusive right of Khvanchkara distribution in America, but the American patent body refused for lack of legal backgrounds.
But in 2006 Dozortsev & Sons [that very likely disagreed with official Russian sanitary standpoint finding Georgian wine risky for health] presented a legal paper endorsed by Racha Wines on granting the exclusive right of Khvanchkara distribution to the US market and the US patent body approved the long-awaited request, Irakli Gvaladze, Head of Geopatent, Georgian national patent body explained to Georgian Journal.
And since then Dozortsev & Sons enjoyed the right of exclusive distribution of Khvanchkara at American market illicitly without the consent of Georgian state that is the legal owner of Khvanchkara trademark [as Khvanchkara is one of wine brands acknowledged as national intellectual property] and only state and not any wine company was mandated to dispose with the disposal rights of national geographic appellation.
The problem was that Georgia started registration of its intellectual property including wines only in 2010 and first of all it registered 18 geographic appellations of wines in the EU where Georgian wine brands were more frequently violated than in the US. Now Geopatent started works on registration of geographic appellations of those 18 wines including Khvanchkara in the US and no sooner it submitted an application they encountered that Dozortsev & Sons have an exclusive right on distribution of Khvanchkara to the US  market.  
“No wine company has either a moral or a legal right to handover this right to any other company,” Gvaladze accentuates.” I do not exclude that we have an affair with a forgery of legal papers and prosecutors’ office may get involved ultimately as far as representative of Racha Wine who allegedly endorsed the questioned paper asserts that he never signed any paper like this as Dozortsev claims. This man apparently lacks due English writing and speaking skills to either compose such an immaculate legal paper in English or even understand its content. But our primary goal is at the moment to get back this right and then let’s see how things develop.”
Georgian side has already hired an American advocate bureau to claim for its rights and carries out negotiations with the Dozortsev & Sons.
According to Paata Chavchanidze, Deputy Head of Samtrest, vine and wine department of Agriculture ministry, Dozortsev appears quite negotiable and very likely prefers to give the disputed right to Georgian side without court interference, but if he refuses Georgian state will go to court. And here, Andro Aslanishvili, a legal expert with Samtresti, assures Georgia will win without much quibbles. 
“We will raise a pursuit in two directions: who has registered the disputed trademark as the zone of origins, and where the geographic appellation of the disputed trademark is. And Dozortsev will lose for sure because the entire world acknowledges Khvanchkara as Georgian geographic appellation,” Aslanishvili told GJ. 
Dozortsev managed to register Georgian trademark in the US thanks to its liberal principles that unlike EU does not acknowledge geographic appellations and cares only for trademarks. America is not a member of Lisbon agreement protecting intellectual property rights, therefore it has simpler registration rules and when it registers trademarks it just announces of possible registration in its official bulletin and if nobody remonstrates within 3 months it approves the registration.
“However, it also fixes 5 year-term for possible protests and this deadline is not elapsed as of yet and we can claim our right over Khvanchkara trademark back,” Aslanishvili elaborates.

Print
Other Stories
The World Digital Mining Summit to be held in Georgia
The summit is scheduled to take place between 21st-23rd September in the Hualing Hotel, Tbilisi, Georgia.
Galt and Taggart - Tourism Boom Continues in Georgia
Tourism has become one of the key drivers for the Georgian economy. Galt and Taggart has recently published research about the Georgian tourism sector in the first half of 2018.
"The worst dream for Putin is that Russians want to live in Georgia"
This year, visitors to the Adjara region would notice that there is a boom in construction in and around Batumi.
Underground gas storage facility to be built in Georgia
KfW, a German government-owned development bank signed a EUR 150 million promotional loan with the state-owned Georgian Oil and Gas Corporation (GOGC) for the construction of the first underground gas storage facility in Georgia.
New gambling rules for Georgia
Georgian lawmakers are preparing a new draft law relating to online-casinos and gambling that will seek to curb gambling addiction in Georgia.
How expensive is it to visit Georgia?
The Georgian Lari (GEL) is the official currency of Georgia and is the only legal means of payment in the entire territory of Georgia.
Trade with the EU and the Commonwealth of Independent States (CIS) has grown significantly
Trade with the EU and the CIS has grown by 26% and 33.5 % respectively, says GeoStat, the Georgian National Statistics Office.
The unemployment rate decreases in Georgia
The unemployment rate decreased in Georgia by 1,9% and amounted to 12.1% in the 2nd quarter of 2018 compared with the previous quarter,
Memorandum of Understanding to be signed between Georgia and Malaysia
According to the Georgian Ambassador to Malaysia Nikoloz Apkhazava, Georgia plans to sign a Memorandum of Understanding (MoU) with Malaysia.
“Blauenstein Georgia” due to expand in Georgia
“Blauenstein Georgia” is planning to open more shops in Georgia. It is an agriculture company that sells meat products, meat and convenience food.
The amount of Direct Foreign Investment rises in Georgia
According to the information of the National Statistics Office of Georgia, the amount of direct foreign investment in Georgia has risen
It’s going to get  harder for foreigners to get residence permit in Georgia
It’s going to get harder for foreigners to get permit of residence in Georgia.
Mziuri Park in Tbilisi to be renovated soon
It was the dream of prominent Georgian writer Nodar Dumbadze that when the original Mziuri park was constructed and opened in 1892 that it should be a park for children,
Winemakers to produce Kvanchkara in its place of origin - Racha
Khvanchakara is a semi-sweet Georgian red wine which originates from Racha, in the western part of Georgia. Kvanchkara is made of two types of grape Mujuretuli and Aleksandrouli.
The level of Georgian wine and Chacha exported has increased
The National Wine Agency of Georgia has recently published statistical information about the level of Georgian wine and Chacha exported between January and July, 2018.
New fire engines to be Manufactured in Georgia
The Acting Head of the Emergency Management Agency Shalva Khutsishvili said that the old Zili fire engines (which were made in the USSR) will be phased out and replaced with new ones, manufactured in Georgia.
Georgia witnesses a record number of tourists
The Georgian National Tourism Administration publishes statistical information about international visits to Georgia.
Canadian businessman plans to build a hotel in Bakhmaro
Canadian businessman Vadim Malishev plans to build a hotel in Bakhmaro resort, Guria, in the western part of Georgia.
Coffee Factory will open in Tbilisi in October
The first coffee factory (which will be located on the Kakheti highway) in Tbilisi will open in October.
Places in Georgia where real estate is the most expensive
The real estate market in Georgia is growing annually. In Tbilisi as well as other regions of Georgia new developments are increasingly taking place.
How much does a vacation cost in Tbilisi?
It is the middle of summer and those who have not yet taken a vacation are looking for an appropriate place for sure!
The price for extreme sports in Georgia
Georgia offers a variety of options to extreme sport lovers.
The number of Georgians who own property abroad increases
The number of foreign properties owned by Georgians is increasing.
How much does Taxi cost in Tbilisi?
Stories how Taxi drivers try to deceive passengers and charge them with more money than they should pay are known for everybody all over the world.
What are the highest paid areas in Georgia
According to the data collected by the National Statistics Office of Georgia in the first quarter of 2018 the highest paid jobs in Georgia are found in the financial and insurance fields.
PHOTO OF THE DAY
Exchange Rates
GEL Exchange Rate
Convertor
22.09.2018
23.09.2018
USD
1
USD
2.6216
2.6216
EUR
1
EUR
3.0854
3.0854
GBP
1
GBP
3.4584
3.4584
RUB
100
RUB
3.9340
3.9340
Other Stories
Recently Toyota rolled out Global Campaign under this slogan that reflects the Olympic and Paralympic Spirit of Encouragement,
A couple from Switzerland combines Swiss tradition and technology with Georgian products. Their cheese is made in the Georgian mountains and sold in local stores and hotels.
It has been more than five years since the residents of Lilo village, near Tbilisi, cannot open their windows.
63 000 GEL was received by the Georgian Agro Export Group which is just a small part of the European Neighbourhood Programme for Agricultural and Rural development.
Georgian entrepreneur Guka Tavberidze, who runs his own business in the UK and does it quite well, has been invited by BBC
The grand opening of 7-star The Biltmore Hotel Tbilisi took place in Georgia’s capital on July 31.
DUSHETI, Georgia – The Georgian government and the World Bank will allocate USD 5.6 million (12 million GEL) to fund
A new Georgian clothing brand named Person has emerged in Georgian market.
Georgia is in the midst of an economic maelstrom, Euronews reports.
Situation at Georgia’s mineral water market is interesting: over the last year, the volume of export has grown by 56 percent. According to “GeoStat”, over $114 million worth of mineral water was sold
GEL Exchange
USD
1
USD
2.6216
EUR
1
EUR
3.0854
GBP
1
GBP
3.4584
RUB
100
RUB
3.9340