Geographical Indications Law in Paraguay

31 May 2025 --
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Geographical Indications (GIs) Law in Paraguay

1. Legal Framework

Paraguay's primary legislation governing the protection of Geographical Indications (GIs) is Law No. 4.923/2013, enacted on June 20, 2013. This law specifically addresses GIs and Designations of Origin, providing a legal framework distinct from the general trademark law. It repeals certain provisions of the previous Trademark Law No. 1.294/1998 related to GIs. (WIPO, Marcasur)

2. Key Provisions of Law No. 4.923/2013

Definitions:

Geographical Indication: A name identifying a product as originating from a specific region, where its quality, reputation, or other characteristics are primarily attributable to its geographical origin.

Designation of Origin: A name identifying a product whose quality or characteristics are exclusively or essentially due to the geographical environment, including natural and human factors. (Marcasur)

Eligibility for Registration:

Natural or legal persons directly engaged in the production or development of the product may request the recognition and registration of a GI or designation of origin.

Associations representing producers or manufacturers in the designated area are also eligible.(Marcasur)

Regulatory Committees:

Each registered GI or designation of origin is managed by a regulatory committee composed exclusively of those engaged in the production or processing of the protected product within the designated area.

The committee is responsible for administering the GI or designation of origin. (Marcasur)

Registration Process:

Applications for GIs or designations of origin must be submitted to the National Directorate of Intellectual Property (DINAPI).

The application is published in the Official Gazette and a widely circulated newspaper.

There is a 30-day period for opposition after publication.

Upon approval, the registration is valid for 10 years and is renewable. (berke.com.py, Marcasur)

Rights and Enforcement:

Registered GIs and designations of origin grant the right to use the protected name and associated symbols.

Unauthorized use of a registered GI or designation of origin constitutes an act of unfair competition and is subject to legal action. (Wipolex Resources)

3. International Agreements

MERCOSUR Agreement:

Paraguay is a member of the Southern Common Market (MERCOSUR), which includes Argentina, Brazil, Paraguay, and Uruguay.

The Agreement for Mutual Protection of GIs within MERCOSUR establishes a framework for the mutual recognition and protection of GIs among member states.

Each member state is responsible for the protection of GIs within its jurisdiction, and the agreement facilitates the recognition of GIs across borders. (oriGIn, Lexology)

World Trade Organization (WTO):

As a member of the WTO, Paraguay is bound by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which includes provisions for the protection of GIs.

4. Recent Developments

First Registration:

In 2019, Paraguay issued its first certificate of registration for a designation of origin, marking a significant milestone in the implementation of the GI law. (berke.com.py)

EU-MERCOSUR Trade Agreement:

The EU-MERCOSUR Trade Agreement, finalized in 2024, includes provisions for the protection of GIs.

Paraguay's engagement in these discussions signals a commitment to aligning its IP policies with global standards and enhancing the protection of GIs. (European Papers, Marcasur)

5. Summary Table

Aspect

Status in Paraguay

Dedicated GI Law

Yes (Law No. 4.923/2013)

Protection Mechanism

Geographical Indications and Designations of Origin

Registration Authority

National Directorate of Intellectual Property (DINAPI)

Duration of Protection

10 years, renewable

Enforcement Authority