Geographical Indications Law in Brazil
Certainly! Here’s an overview of Geographical Indications (GIs) Law in Brazil:
Geographical Indications Law in Brazil
1. Legal Framework
Brazil has a comprehensive legal regime for the protection of Geographical Indications.
The main legislation is Law No. 9,279 of May 14, 1996, also known as the Industrial Property Law, which governs patents, trademarks, industrial designs, and GIs.
The Brazilian Patent and Trademark Office (INPI - Instituto Nacional da Propriedade Industrial) is responsible for the registration and protection of GIs.
Brazil is a member of international agreements like the Paris Convention and the TRIPS Agreement, ensuring international standards for GIs.
2. Types of Geographical Indications Protected
Brazil recognizes two main types of GIs:
Indicação de Procedência (IP) – Indication of Source/Origin
This indicates that a product originates from a certain region and has specific qualities or characteristics due to that origin.
Denominação de Origem (DO) – Appellation of Origin
A stricter form of GI that requires that the entire production, processing, and preparation of the product occur in the defined geographical area, with qualities or characteristics essentially due to the geographic environment.
3. Registration Process
Applications for GI protection must be filed with the INPI.
The applicant must be an association or group of producers from the geographical area.
The application must include:
The name of the geographical region
The product description
Proof of the link between the product’s qualities and the geographic origin
Production methods and specifications
Defined delimitation of the geographical area
Once registered, the GI is protected for 10 years and renewable indefinitely.
4. Protection and Enforcement
Protection prevents unauthorized use of the GI by producers outside the region.
Only producers located within the registered geographical area who comply with production specifications may use the GI.
Use of the GI by unauthorized parties can be subject to administrative and judicial sanctions.
INPI maintains a public register of GIs.
5. Examples of Brazilian GIs
Brazil has many registered GIs, especially for agricultural and food products, including:
Cachaça da Região da Caninha de Maragogipe (DO) — a type of sugarcane spirit
Café do Cerrado Mineiro (DO) — coffee from the Cerrado region of Minas Gerais
Queijo Canastra (DO) — cheese from the Canastra region
Pão de Mel de Ponta Grossa (IP) — honey bread from Ponta Grossa
6. International Recognition
Brazil actively participates in international GI protection through:
WTO TRIPS Agreement
Paris Convention
Membership in the Lisbon Agreement (via accession)
Brazil is also working on bilateral agreements to protect Brazilian GIs abroad.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Law (Law No. 9,279/1996) |
| Regulatory Body | INPI (Brazilian Patent and Trademark Office) |
| Types of GI | Indicação de Procedência (IP), Denominação de Origem (DO) |
| Registration | By producer groups, requires proof of origin and qualities |
| Duration | 10 years, renewable indefinitely |
| Protection | Exclusive use by authorized producers, enforcement through courts |
| International Commitments | TRIPS, Paris Convention, Lisbon Agreement |
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