About the author: Abbess Xenia (Chernega), head of the legal department of the Moscow Patriarchate
Christian civilization is inconceivable without the culture of winemaking plunging into the distant past. The Holy Gospel contains quite a few references to wine, to the vine. And the first miracle of the Saviour — it is the transformation of water into wine at the wedding of Cana of Galilee. It would seem that the use of wine for a Christian who believes and knows the measure of his consumption cannot lead to quarrels and divisions. But everything turns out differently when the culture of wine meets the absence of culture of trade.
The company “Aleksandrovy Pogreba” LLC, which imports and sells alcohol, has attempted to challenge in court Rospatent's refusal to register the trademark “Saint Vincent”.
Saint Vincent of Zaragoza, the patron saint of French winegrowers, to whom most likely the name of this wine dates back, of course could not have assumed that his name would become the property of a Russian alcohol trading company which benefits from the use of this name. By the way, we are talking about an ancient saint of the 4th century, who is also revered by the Orthodox Church, and not only by Catholics.
Is it normal for names of saints to be reduced to trademarks and become the subject of commercial litigation? I do not exclude that French and Spanish winegrowers pray to Saint-Vincent, cultivating a grape variety that bears his name. In such a case, especially since it is unacceptable to offend the memory of the saint by appropriating and commercial use of his name.
< p>That is why the Legal Department of the Moscow Patriarchate has taken all possible measures to prevent the formation of a judicial practice allowing the registration of trademarks with the names of saints.
On October 18 last year, the Interreligious Council of Russia, chaired by the Patriarch of Moscow and All Russia, decided that “the application of images or names of saints on” alcoholic products, using them as a mark may be considered an act committed for the purpose of insulting the religious feelings of believers and desecrating the object of veneration, including the name of the saint. The use of the name of a saint recognized by a duly registered religious denomination, or of his image, cannot be the exclusive right of a natural or legal person who is not an organization religious or is not established by it.
Therefore, based on the official position of the Church and traditional denominations, the heads of which are members of the Presidium of the Interreligious Council of Russia, the application of images or names of saints on certain types of products, including alcohol, can be considered an act that offends the feelings of believers. And it's not alcohol per se; the position of the Interfaith Council will remain unchanged even if "under the label" Saint Vincent or any other saint, bricks or pots will be sold.
In their official responses to Rospatent's requests, the Legal Department of the Moscow Patriarchate and the Moscow Theological Academy literally reproduced the position of the Interreligious Council of Russia.
Nevertheless, baseless accusations rained down that we allegedly presented our "staff" opinion, and not the position of the Church.
And now, briefly, about the trial. Initially, the trial court ruled upholding the legality of registering a trademark containing the saint's name. But then, on the basis of the appeals in cassation of Rospatent and the defendant, the Presidium of the CPI Court annulled this decision and issued a new one, indicating that the designation, which is part of the spirituality culture of the whole of society as a whole, the State cannot grant an exclusive right to a person as a means of individualizing his possessions. If merchants had carte blanche, then, alas, the time would not be far off when they would register the Christian cross itself as a trademark and sue for the right to use it. That would indeed be an insult to all of Christian civilization.
At the same time, a mark containing the name of a saint can be registered, for example, as a means of individualizing the church wine used in the celebration of the Eucharist, provided that the request registration either filed by a religious organization or an organization created by it.
Thus, the court issued a decision that should become a precedent for this category of cases. I believe such a decision is an important step towards ensuring adequate legal protection for shrines and other objects of religious veneration.
It is sad that some Orthodox experts, including a professor at the #39;St. Tikhon University< fort> AL Dvorkin, has decided to represent the interests of the plaintiff in this litigation — LLC “Alexandrovy Pogreba” by power of attorney issued by this body. Obviously, representing the interests of a liquor company in court is not part of the official duties of an Orthodox university teacher. In addition, the mentioned experts tried to prove that Rospatent's refusal to register the trademark "Saint Vincent" is illegal, because wine named after a saint does not offend the feelings of believers. They probably don't know the position of the Church, which is not in the fact that the wine named after the saint can offend someone, but in the fact that ;it is impossible to make it an object of commercial circulation from the name of the Saint. It is a position of principle, which we will steadfastly defend, no matter what, hiding behind the name of the Church, win this or that trade dispute.