the protection of geographical indications in brazil cristina ninô biscaia ll.m munich intellectual...
TRANSCRIPT
The Protection of The Protection of Geographical Geographical
Indications in Brazil Indications in Brazil
Cristina Ninô Biscaia Cristina Ninô Biscaia LL.M Munich Intellectual Property Law Center LL.M Munich Intellectual Property Law Center
Treaties Protecting GIs in Treaties Protecting GIs in Brazil Brazil
Paris Convention (1883) Paris Convention (1883)
Madrid Agreement (1891) Madrid Agreement (1891)
Lisbon Agreement (1958) Lisbon Agreement (1958)
TRIPs Agreement (1994) TRIPs Agreement (1994)
Comparative View – Comparative View – US US
The United States’ GI system uses administrative trademark structures already in place.
The same governmental authority (the United States Patent and Trademark Office or "USPTO") processes applications for both trademarks and GIs. The United States do not protect geographic terms or signs that are generic for goods/services.
Comparative view – Italy Comparative view – Italy (EU) (EU)
Central to the Italian strategy are GIs Central to the Italian strategy are GIs protected labels, including Protected protected labels, including Protected Designation of Origin (DOP), Protected Designation of Origin (DOP), Protected Geographical Indication (IGP), and Geographical Indication (IGP), and Traditional Specialty Guaranteed (STG) that Traditional Specialty Guaranteed (STG) that tie a product to its territory of origin, tie a product to its territory of origin, signaling its authenticity to consumers.signaling its authenticity to consumers.
Types of GIs in BrazilTypes of GIs in Brazil
Generic Geographical IndicationGeneric Geographical Indication
Indication of sourceIndication of source
Appellation of OriginAppellation of Origin
Industrial Property Law - Industrial Property Law - BRBR Article 176 – A geographical indication is constituted Article 176 – A geographical indication is constituted
by an indication of source or an appellation of originby an indication of source or an appellation of origin
Article 177 – An indication of source is considered to Article 177 – An indication of source is considered to be the geographical name of a country, city, region be the geographical name of a country, city, region or locality of its territory, which has become known or locality of its territory, which has become known as Centre of extraction, production or manufacture as Centre of extraction, production or manufacture of a determined product or for providing a of a determined product or for providing a determined service. determined service.
Article 178 – An appellation of origin is considered to Article 178 – An appellation of origin is considered to be the geographical name of a country, city, region be the geographical name of a country, city, region or locality of its territory, which designates a product or locality of its territory, which designates a product or service, the qualities or characteristics of which or service, the qualities or characteristics of which are exclusively or essentially due toare exclusively or essentially due to
GI vs Trademark GI vs Trademark
The term CACHAÇA, has been asked as The term CACHAÇA, has been asked as trademark in several countries in the world, trademark in several countries in the world, same as what has been happening with the same as what has been happening with the exotic fruits from Northern Brazil, CUPUAÇU exotic fruits from Northern Brazil, CUPUAÇU and AÇAÍ; and AÇAÍ;
For this reason, it was imperative to protect For this reason, it was imperative to protect the term CACHAÇA, in the field of the term CACHAÇA, in the field of Geographical Indications, taking into account Geographical Indications, taking into account the increasing worldwide exportation of the the increasing worldwide exportation of the genuine Brazilian spirit. genuine Brazilian spirit.
CACHAÇA – 2002CACHAÇA – 2002
The first Brazilian geographical The first Brazilian geographical indication was published by a Decree indication was published by a Decree 4.072, signed by the Brazilian 4.072, signed by the Brazilian Government in the year of 2002; Government in the year of 2002;
Certification before the Certification before the BR Patent and BR Patent and
Trademark Office Trademark Office Except for the CACHAÇA, all the Except for the CACHAÇA, all the
Geographical Indications were granted Geographical Indications were granted by the Brazilian Patent and Trademark by the Brazilian Patent and Trademark Office – BPTO Office – BPTO
Since 1999, the BPTO analyzed 75 Since 1999, the BPTO analyzed 75 Geographical Indication applications Geographical Indication applications
GIs Requirements in GIs Requirements in Brazil Brazil
Regulation of the geographical indication term
Official instrument delimitating the geographic area
Description of the products and services
Characteristics of the products and services
Labels of the graphic and figurative geographical indications
A controlling structure of the producers which are going to use the geographical indication
GIs application before GIs application before the BPTOthe BPTO
Application file Application file
Documents analysis Documents analysis
Application published Application published
Period of 60 days for oppositions Period of 60 days for oppositions
Final analysis Final analysis
GIs granted by the GIs granted by the BPTOBPTO
WINE – 2002 COFFEE – 2005
GIs granted by the GIs granted by the BPTOBPTO
Beef – 2006
Cachaça - 2006
GI certified by the GI certified by the BPTOBPTO
Leather – 2009
Wine – 2009
GI Certified by the BPTO GI Certified by the BPTO
Until the present date, the BPTO granted Until the present date, the BPTO granted
40 Geographical Indications 40 Geographical Indications
33 Brazilian33 Brazilian
02 Italian02 Italian
02 French 02 French
02 Portuguese 02 Portuguese
01 American 01 American
Italian Gis Granted in Italian Gis Granted in BrazilBrazil
ITALYITALY - - 22NDND POSITION POSITION
SAN DANIELESAN DANIELE
CONSORZIO DEL PROSCIUNTO DI SAN DANIELE CONSORZIO DEL PROSCIUNTO DI SAN DANIELE
April, 04, 2009 – IG 980003 April, 04, 2009 – IG 980003
Italian GIs granted in Italian GIs granted in Brazil Brazil FRANCIACORTAFRANCIACORTA
CONSORCIO PER LA TUTELA DEL CONSORCIO PER LA TUTELA DEL FRANCIACORTA FRANCIACORTA
October, 21, 2003 – IG 200101 October, 21, 2003 – IG 200101
Italian GIs pending in Italian GIs pending in BPTO BPTO PARMIGIANO REGGIANO PARMIGIANO REGGIANO – CONSORZIO DEL – CONSORZIO DEL
FORMAGGIO PARMIGIANO-REGGIANO FORMAGGIO PARMIGIANO-REGGIANO Comply with Request – December, 27, 2011Comply with Request – December, 27, 2011
BAROLOBAROLO – CONSORCIO DI TUTELA BAROLO – CONSORCIO DI TUTELA BAROLO BARBARESCO ALBA LANGHE E ROERO – BARBARESCO ALBA LANGHE E ROERO – Comply with Request, September 21, 2010Comply with Request, September 21, 2010
BARBARESCOBARBARESCO – CONSORCIO DI TUTELA BAROLO – CONSORCIO DI TUTELA BAROLO BARBARESCO ALBA LANGHE E ROERO – BARBARESCO ALBA LANGHE E ROERO – Comply with Request, September 21, 2010Comply with Request, September 21, 2010
Italian GIs pending in Italian GIs pending in BPTO BPTO
PARMAPARMA – CONSORZIO DEL PROSCIUTTO DI PARMA – – CONSORZIO DEL PROSCIUTTO DI PARMA – Request of Reconsideration – August, 18, 2009Request of Reconsideration – August, 18, 2009
PADANAPADANA – CONSORZIO PER LA TUTELA DEL – CONSORZIO PER LA TUTELA DEL FORMAGGIO GRANA PADANO – FORMAGGIO GRANA PADANO – Published – June, 11, 2002Published – June, 11, 2002
CONEGLIANOCONEGLIANO – CONSORCIO TUTELA VINO – CONSORCIO TUTELA VINO PROSECCO DI CONEGLIANO-VALDOBBIADENE PROSECCO DI CONEGLIANO-VALDOBBIADENE Comply with RequestComply with Request – February, 09, 2010 – February, 09, 2010
Crimes against GIs – Crimes against GIs – Brazil Brazil
Article 192Article 192
Manufacturing, importing, exporting, selling, exhibiting Manufacturing, importing, exporting, selling, exhibiting or offering for sale or maintaining in stock a product or offering for sale or maintaining in stock a product that presents a false geographical indication. that presents a false geographical indication.
Crimes against GIs – Crimes against GIs – Brazil Brazil Article 193 Article 193
Using on a product, container, casing, belt, label, Using on a product, container, casing, belt, label, invoice, circular, poster or any other means of invoice, circular, poster or any other means of disclosure or advertisement, indicative terms, such disclosure or advertisement, indicative terms, such as “as “type”, “species, “kind”, “system”, type”, “species, “kind”, “system”, “substitute, “identical”,“substitute, “identical”, or the equivalent, or the equivalent, without making clear the true source of the product. without making clear the true source of the product.
GIs Perspective in Bazil GIs Perspective in Bazil
In Brazil, the GEOGRAPHICAL INDICATION In Brazil, the GEOGRAPHICAL INDICATION expression is almost unknown to consumers expression is almost unknown to consumers and producers. and producers.
Since 2005, the Agriculture Minister created a Since 2005, the Agriculture Minister created a programprogram to stimulate the recognition to the to stimulate the recognition to the agriculture and cattle farming Geographical agriculture and cattle farming Geographical Indications. Indications.
GIs Perspective in BrazilGIs Perspective in Brazil
GI Perspective in Brazil GI Perspective in Brazil
Due to the relevant numbers of geographical Due to the relevant numbers of geographical indication files before the Brazilian Patent and indication files before the Brazilian Patent and Trademark Office – BPTO in the last decade, we Trademark Office – BPTO in the last decade, we assume that Brazil will be a considered as a strong assume that Brazil will be a considered as a strong and potential market to the geographical indications and potential market to the geographical indications producers. producers.
A creation of a A creation of a committeecommittee under the responsibility under the responsibility of the Agriculture Minister in order to stimulate the of the Agriculture Minister in order to stimulate the protection of new geographical indications and the protection of new geographical indications and the national and international enforcement regarding the national and international enforcement regarding the Brazilian geographical indications already granted. Brazilian geographical indications already granted.
