Members' Voice (II) - First GI for services recognized in Brazil

By Ana Lúcia Sousa Borda, Dannemann Siemsen

Before the enactment of the Industrial Property Law (IPL) No. 9.279/96, Geographical Indications (GIs) were protected in Brazil on the grounds of unfair competition. This scenario changed when the IPL entered into force. It introduced the protection of GIs by means of a registration issued by the Brazilian Institute of Industrial Property (INPI) not only for products but also for services. It is possible to seek registration (of declaratory nature and for an unlimited period of time) for GIs either as Indicação de Procedência (IP) or Denominação de Origem (DO). Only upon INPI Ordinance no. 75 of 2000, the rules on GI registration were introduced. They are now superseded by INPI Normative Instruction no. 12/2013 of March 19, 2013.

Since the registration in 2002 of the first IP
VALE DOS VINHEDOS" (red, white and sparkling wines), the interest for GIs has been growing fast in Brazil. At the moment, 30 Brazilian GIs are protected in the country for an amazing variety of products, among them: "VALE DOS SINOS" (finished leather), "PEDRO II" (precious opals), "CACHOEIRO DE ITAPEMIRIM" (marble), and "REGIÃO DA SERRA DA MANTIQUEIRA" (coffee).

The first Brazilian DO
"LITORAL NORTE GAÚCHO" (rice), was registered in August 2010 followed, among others, by "REGIÃO PEDRA CARIJÓ RIO DE JANEIRO" (gneiss), "MANGUEZAIS DE ALAGOAS" (red propolis), and "COSTA NEGRA" (shrimps).

But it is the recent recognition of
"PORTO DIGITAL" as IP for IT services, the most interesting case in terms of GI protection. In this case, the right holder had to submit consistent evidence of acquired reputation for this kind of services, as reputation is a key requirement for the registration of an IP in Brazil. Many legal specialists are assessing which will be in practice the effects of such a registration. As the number of Brazilian GIs keeps growing, further IP registrations for different services might follow. It is interesting to see whether the INPI will register a DO for services, since the main features in this case must result from environmental and human factors.

Dannemann Siemsen

Recognised as leaders in Intellectual Property in Latin America, we are a team of experts who has been dedicated to defending industrial and intellectual property since 1900. We operate throughout the world, encompassing first-rate civil and criminal advocacy, covering diverse areas of Law and all segments of industry. We are partners of large national and international companies.

Today we have offices in three Brazilian state capitals and we have gathered a team of practitioners that lead in knowledge of intellectual property, litigation, contracts and other areas of Law.

This allows us to advise our clients in the main legal proceedings, making us a strategic partner in the pursuit of innovation and knowledge.

We have more than 280 lawyers and an extensive team of Industrial Property Agents – an experienced and specialised technical team that is kept up-to-date with the transformations and demands of the market.

We are the support for innovation and knowledge.

We live in a dynamic world, where knowledge is decisive for any company to stand out in the market. We believe in the value of human capital and in creativity as a source of innovation.

With more than a century of experience and a wide range of services, we are proud to be the foundation for our clients to seek innovative and disruptive paths.

Visit Website