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Pashinyan: Foreign intangible property cannot be appropriated, cognac is produced in France
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Background
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On March 23, 2023, Armenian Prime Minister Nikol Pashinyan stated that foreign intangible property cannot be appropriated and that cognac is produced in France. This statement was made in response to the recent decision by the Russian government to recognize the designation of origin of cognac for a number of Russian companies.
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Armenia's Position
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Armenia has long maintained that cognac is a product that is unique to Armenia and that the name "cognac" can only be used to refer to brandy produced in Armenia. The Armenian government has argued that the use of the name "cognac" by Russian companies is a violation of international law and that it will take all necessary steps to protect its intellectual property rights.
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Russia's Position
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The Russian government has argued that it has the right to recognize the designation of origin of cognac for Russian companies because cognac has been produced in Russia for centuries. The Russian government has also argued that the name "cognac" is not a generic term and that it can be used to refer to brandy produced in any country.
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The Legal Framework
The World Trade Organization (WTO) has established a number of rules and regulations governing the use of intellectual property rights. These rules and regulations are designed to protect the rights of holders of intellectual property rights and to prevent the unauthorized use of intellectual property.
The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the main international agreement that governs the protection of intellectual property rights. The TRIPS Agreement establishes minimum standards for the protection of intellectual property rights, including the protection of trademarks, patents, and copyright.
The TRIPS Agreement also includes provisions that allow countries to protect their intellectual property rights through the use of geographical indications. Geographical indications are signs that identify a product as originating from a particular region or country. The TRIPS Agreement allows countries to protect geographical indications by preventing the unauthorized use of those indications on products that do not originate from the region or country in question.
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The Dispute
The dispute between Armenia and Russia over the designation of origin of cognac is likely to be resolved through the WTO's dispute settlement mechanism. The WTO's dispute settlement mechanism is a process that allows countries to file complaints against other countries that they believe are violating WTO rules and regulations.
The WTO's dispute settlement mechanism is a complex and time-consuming process, but it is the only way to resolve disputes between WTO members. The outcome of the dispute between Armenia and Russia is likely to have a significant impact on the global trade in cognac.
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Conclusion
The dispute between Armenia and Russia over the designation of origin of cognac is a complex and important issue. The outcome of the dispute is likely to have a significant impact on the global trade in cognac.