Geographical Indications Law in Portugal
Geographical Indications (GI) Law in Portugal
1. Legal Framework
Portugal, as a member of the European Union (EU), follows the EU legal framework for Geographical Indications. The main legal acts governing GI protection in Portugal include:
Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs — this covers Protected Designations of Origin (PDO), Protected Geographical Indications (PGI), and Traditional Specialities Guaranteed (TSG).
National laws implementing and complementing EU GI regulations.
Portugal also adheres to international agreements like the WTO TRIPS Agreement.
2. Types of GI Protection
Protected Designation of Origin (PDO - Denominação de Origem Protegida - DOP)
Products whose production, processing, and preparation take place in a specific geographical area, with qualities or characteristics essentially due to that area.
Protected Geographical Indication (PGI - Indicação Geográfica Protegida - IGP)
Products closely linked to the geographical area, where at least one of the stages of production, processing, or preparation occurs in the area.
Traditional Specialities Guaranteed (TSG)
Protects traditional character, either in composition or means of production, without a link to a geographical area.
3. Registration Process
Applications are made at the National Authority for Food and Economic Safety (ASAE) in Portugal.
After national examination, applications are forwarded to the European Commission for EU-wide registration.
The process includes:
Definition of the product specification
Geographical area description
Evidence of link between product and area
Public opposition period
Once registered, the GI is protected across the EU, including Portugal.
4. Enforcement
Enforcement is carried out by Portuguese authorities, including ASAE and judicial courts.
Infringement of GI rights may lead to fines, injunctions, and criminal penalties.
Customs authorities assist in preventing the import/export of infringing products.
5. International Treaties
Portugal, via the EU, complies with the WTO TRIPS Agreement.
It is also part of the Lisbon Agreement for the protection of appellations of origin.
Bilateral trade agreements involving GI recognition are active within the EU framework.
6. Examples of Portuguese GIs
Port Wine (Vinho do Porto) - PDO
Queijo Serra da Estrela (Cheese) - PDO
Presunto de Chaves (Ham) - PGI
Azeite do Alentejo (Olive Oil) - PGI
7. Summary Table
| Feature | Details |
|---|---|
| Governing Law | EU Regulation 1151/2012; National implementing legislation |
| Competent Authority | ASAE (Portugal); European Commission |
| Types of Protection | PDO (DOP), PGI (IGP), TSG |
| Registration | National application followed by EU registration |
| Enforcement | ASAE, courts, customs |
| International Agreements | WTO TRIPS, Lisbon Agreement, EU bilateral agreements |
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