The registration of geographical indications in Brazil from the entry into force of the Industrial Property Law-IPL

By Ana Lúcia de Sousa Borda, partner at Dannemann Siemsen

With the entry into force of the Industrial Property Law in 1997, a new milestone was passed with respect to the protection of geographical indications in Brazil. This is because previous laws only dealt with negative protection, that is, they prohibited the registration of geographical indications as trademarks, in order to protect the interests of consumers and also those producers who can legitimately use them to indicate a particular origin.

The mentioned law introduced important changes for this important industrial property asset, changes that have created clear mechanisms and parameters for those interested in obtaining protection for their geographical indications.

In a title specially dedicated to them, the IPL (1) first established that geographical indications cover indications of origin (2) and also appellations of origin (3). It also sought to define the scope of these new concepts. However, it should be emphasised that only geographical names are subject to such protection.

While indications of origin require proof of a reputation to link the product to the geographical area, appellations of origin presuppose scientific evidence that the characteristics of a particular product or service are derived from the geographical area. In other words, in the case of appellations of origin, what prevails is the influence of the geographical area as a determining factor for the properties of the product or service, including natural and human factors.

Given the need to establish rules for the examination and granting of registrations of geographical indications, INPI has issued Resolutions and Normative Rulings over the course of the years. The objective of these acts is to list the documents necessary for INPI to be able to assess whether a given indication of origin or appellation of origin meets the requirements therein. The deadlines for those interested in filing challenges are also specified in these regulations.

The protection of geographical indications included in the IPL had an extremely positive impact, inasmuch as it encouraged a considerable number of Brazilian producers from all over the country to request it and thereby add a differential to their products.

It is truly delightful for those interested in the topic to go through the list of geographical indications (indications of origin and appellations of origin) granted by INPI in the last 17 years, given the enormous variety of products protected by them (4). This variety reflects a characteristic intrinsic to Brazil's dimensions: a country full of diversities.

Indeed, in addition to products traditionally protected by geographical indications and without any demerit to them, such as wine, coffee, cheese and rice, etc., Brazilian producers’ associations were set up to make viable unconventional projects such as jewels and precious stones (Indication of Origin “Pedro II”), marble (Indication of Origin “Cachoeiro de Itapemirim”), information and communication technology services through development, maintenance and support (Indication of Origin “Porto Digital”) and ornamental fish (Indication of Origin “Rio Negro”).

The same diversity is found when dealing with appellations of origin granted thus far, among them cultivated marine shrimps of the species Litopanaeus Vannamei (Appellation of Origin “Costa Negra”) and Gnaisse (Appellation of Origin “Região Pedra Carijó Rio de Janeiro”), for example.

Also worthy of mention are the Appellations of Origin “Ortigueira” (honey from bees - Apis Mellifera) and “Região da Própolis Verde de Minas Gerais" (green propolis).

The last Brazilian appellation of origin granted by INPI was “Banana da Região de Corupá”, the main characteristics of which are a sweeter taste and low acidity content.

The new rules have also attracted foreign associations, so much so that ancient appellations of origin are also protected under the IPL, such as “Região dos Vinhos Verdes”, “Porto”, “Cognac”, “Franciacorta”, “San Daniele”, “Napa Valley", “Champagne” and “Roquefort”.

To date, 69 registrations of geographical indications have been granted, of which 50 refer to Brazilian indications of origin, which makes the existence clear of an interesting market to be explored by our producers. The new rules have opened up space for those who are in a position to place products with a differential on the market, but it was only with the new rules that they have discovered a suitable instrument to protect their intangible assets.

Although the registration granted by INPI is declaratory in nature, the fact is that the granting of so many registrations corroborates its value as an important means of protection for geographical indications and the attractiveness of the institution for the most varied products.

(1) Law 9,279/96 – Available at www.dannemann.com.br
(2) Article 177 – Indication of origin shall mean the geographic 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 particular product or provision of a particular service.
(3) Article 178 – Appellation of origin shall mean 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 due exclusively or essentially to the geographical area, including natural and human factors.
(4) Available at http://www.inpi.gov.br/menu-serviços/indicacao-geografica-no-brasil