Geographical Indications Law in Argentina
Argentina's legal framework for the protection of Geographical Indications (GIs) and Appellations of Origin (AOs) is primarily governed by Law No. 25.380, enacted on November 30, 2000, and amended by Law No. 25.966 on November 17, 2004. These laws establish a comprehensive system for recognizing, protecting, and regulating GIs and AOs for agricultural and food products within the country
🇦🇷 Argentina’s GI & AO Legal Framework
1. Definition and Scope
Geographical Indication (GI): A name that identifies a product as originating from a specific region, locality, or territory where certain qualities, reputation, or characteristics are attributable to its geographical origin
Appellation of Origin (AO): A more stringent form of GI, indicating that a product's qualities and characteristics are exclusively or essentially due to the geographical environment, including natural and human factors.
These definitions are outlined in Article 2(a) of Law No. 25.380
2. Registration Process
Initiation: Applications for GI or AO recognition can be submitted by producers or their representative organizations.
Requirements: Applicants must provide evidence demonstrating the link between the product and its geographical origin, including historical data, climatic conditions, and production methods.
Approval: The Secretariat of Agriculture, Livestock, Fisheries, and Food (SAGyP) is the implementing authority responsible for granting recognition.
3. Rights and Obligations
Rights of Registered Users:
Exclusive right to use the registered GI or AO.
Authorization to use emblems, logos, and labels associated with the GI or AO.
Certification of product authenticity and quality.
Obligations:
Compliance with established production standards and regulations.
Regular quality control and assurance measures
4. Prohibited Uses
The use of GIs and AOs is prohibited in the following circumstances:
For products not originating from the specified geographical area.
If the use is misleading regarding the product's qualities or characteristics.
When the use involves usurpation, imitation, or evocation of an existing GI or AO, even if the true origin is indicated.
5. Enforcement and Penalties
The Argentine legal system provides mechanisms for enforcing GI and AO rights, including civil and administrative actions against unauthorized use. Penalties for infringement can include fines and other sanctions, as determined by the relevant authorities.
🧠Example: Patagonia GI
A notable case in Argentina's GI landscape is the recognition of "Patagonia" as a GI. Initially hindered by a conflicting trademark, the Instituto Nacional de Vitivinicultura (INV), the regulatory body for Argentina’s wine industry, confirmed "Patagonia" as an official GI in 2022. This decision followed a court ruling that invalidated the existing trademark due to its misleading nature.
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