Brands are allowed to use designations of origin that are still not formally recognized

By Estudio Chaloupka

The National Institute of Viticulture (INV), together with the National Institute of Intellectual Property (INPI), issued a resolution allowing the use of appellations of origin and geographical indications in labels of wines and wine-based spirits while they still are under the process of recognition.

This represents a significant change for, up to this date, the national regulation established that the signs could not be used by those geographical areas that had not yet been recognized as falling within any of the categories established by Law No. 25.163, namely: indication of source, geographical indication and controlled appellation of origin.  This law, which had been enacted in 1999, created the system for the recognition, protection and registration of Argentine geographical names for designating the origin of wines and wine-based spirits.

The new resolution, No. 247/2017, states that the recognition for wines and wine-based spirits with a geographical indication involves the intervention of different actors and requires to take into account different interests and often complex regulations, a process which may require several months or even years to be concluded.

Consequently, and in order to avoid a lack of protection for wines and wine-based spirits susceptible of being used under the terms of Law No. 25.163, resolution No. 247/2017 grants them the right to use geographical indications in a “provisional” manner, even though they have not been recognized as falling in any of the categories established by Law No. 25.163, on account of being in process of recognition.

This “provisional” right to use geographical indications that have not yet been recognized, may only be enjoyed as long as certain requirements are met, and it will be a temporary, conditional, precarious and revocable right, which shall not be indefinitely maintained or compensated in case of revocation.