- The Geographical Indication in Brazil
- July 26, 2012
- Law Firm: Siqueira Castro Advogados - São Paulo Office
In Brazil, and according to articles 176, 177 and 178 of the local Industrial Property Law, (nº 9279/96) a geographical indication is constituted by an indication of source or an appellation of origin.
An indication of source is considered to be the geographical name of a country, city, region or locality of its territory, which has become known as a centre of extraction, production or manufacture of a determined product or for providing a determined service, while an appellation of origin is considered to be the geographical name of a country, city, region or locality of its territory, which designates a product or service, the qualities or characteristics of which are exclusively or essentially due to the geographical environment, including natural and human factors.
Despite the above definitions, and even though the certification of a Geographical Indication (indication of source or appellation of origin) in Brazil is very recent, it is now one of the Brazilian Patent and Trademark
Office's prerogatives to accelerate the examination and grant of these certifications.
Indeed, since the recognition of a GI confers to the products a great notoriety, it has become a huge ally for the producers of those goods, in terms of local and international commercial competitiveness.
The Resolution nº 75/2000, regulates the registration of geographical indications by the National Institute of Industrial Property (INPI) in Brazil and we may expect a geographical indication to be granted within three or four years approximately.
The first Brazilian Geographical Indication to be granted by the Patent and Trademark Office in 2002 was "VALE DOS VINHEDOS" (wines and sparkling wines) in the category of indication of source. The latest one, in April, 2012, also as an indication of source, was "CACHOEIRO DE ITAPEMIRIM" (center of extraction and processing of marble stones).
Among the foreign geographical indications recognized in Brazil we can cite: "REGIÃO DOS VINHOS VERDES" (green wines) - Portugal, "COGNAC" - France and "FRANCIACORTA" (wines) - Italy.