Geographical Indications Law in Venezuela
Venezuela has established a legal framework for the protection of Geographical Indications (GIs) through the Servicio Autónomo de la Propiedad Intelectual (SAPI), the country's intellectual property office. This framework aligns with international standards, including the TRIPS Agreement, which mandates the protection of GIs.
📜 Legal Framework
In December 2020, SAPI introduced a new procedure for granting GIs, effective from December 28, 2020. This procedure allows for the protection of products originating from specific regions within Venezuela, where their characteristics, quality, or reputation are attributable to their geographical origin. Applications can be submitted by public or private entities, producer associations, or any other recognized organizations in Venezuela. Independent producers may also use the GI if they comply with the approved regulations and are authorized by SAPI.
📝 Application Process
To apply for a GI in Venezuela, the following steps are required:
Submission of an Application Form: This includes the name and address of the applicant, the name of the GI, a description of the product, the production process, and a project regulating the use of the GI
Regulatory Project: This project must detail the organization filing the request, the purpose of the organization, a full description of the GI, internal approval of the project, requirements for producers, product classification, product description, link between the geographical origin and product characteristics, production process, origin of raw materials, geographic delimitation, legal requirements, supervision mechanisms, penalties for improper use, and any other requirements specified by SAPI.
Examination by SAPI: SAPI will analyze the application following the procedures for trademark applications established in the current Industrial Property Law and the Law for Administrative Procedures
Publication: Once approved or rejected, the decision will be published in the Intellectual Property Gazette.(
🛡️ Protection and Enforcement
Once registered, a GI is protected and may be identified with the phrase “PROTECTED GEOGRAPHICAL INDICATION” or “PGI” next to the SAPI name or logo. The protection ensures that only authorized producers can use the GI, and unauthorized use may lead to legal penalties. (
🌍 International Context
Venezuela's GI protection aligns with international standards, including the TRIPS Agreement, which requires WTO members to provide protection for GIs. However, Venezuela's withdrawal from the Andean Community has impacted the filing of GIs, as the community previously provided a regional framework for GI protection
🧴 Notable GIs in Venezuela
Venezuela has recognized several GIs, including:
Ron de Venezuela: A rum produced in twelve designated states, following specific production processes and quality standards.
Cacao de Chuao: Cacao produced in the town of Chuao, known for its unique flavor and quality.
Cocuy de Pecaya: A traditional spirit drink produced in the town of Pecaya.
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