Grounds for termination of protection: the transformation of a name into a generic term and the loss of special characteristics

Abstract

In the field of intellectual property law, procedures for terminating the legal protection granted to appellations of origin constitute a specific guarantee of the stability of property rights and the protection of consumer rights. The purpose of this study is to improve, from a legal perspective, the theoretical foundations and practical mechanisms for terminating exclusive rights in national jurisprudence when an appellation of origin becomes a generic term or when the special characteristics of a product are lost. Using comparative legal, formal legal, and legal hermeneutic methods, the practices of the European Union Intellectual Property Office, the requirements of the TRIPS Agreement, and the national legislation of Uzbekistan were comparatively analyzed. The findings demonstrate that the current regulatory framework does not establish objective legal criteria for determining when and according to which criteria a name becomes a generic designation. Furthermore, when the special characteristics of a product are lost due to climate change or human factors, there is no independent monitoring mechanism for the early termination of protection. Introducing a sociological and linguistic examination procedure for assessing the transition to generic status and clarifying the rules governing the allocation of the burden of proof in proceedings concerning the termination of rights would provide practical solutions. This approach would prevent unfair competition and ensure the reliability of the national intellectual property register in accordance with international standards.