The Protection of
Geographical Indications in
Brazil
Cristina Ninô Biscaia
LL.M Munich Intellectual Property Law Center
Treaties Protecting GIs in Brazil
Paris Convention (1883)
Madrid Agreement (1891)
Lisbon Agreement (1958)
TRIPs Agreement (1994)
Comparative View – 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 (EU)
 Central to the Italian strategy are GIs protected
labels, including Protected Designation of Origin
(DOP), Protected Geographical Indication (IGP),
and Traditional Specialty Guaranteed (STG) that tie
a product to its territory of origin, signaling its
authenticity to consumers.
Types of GIs in Brazil
Generic Geographical Indication
 Indication of source
 Appellation of Origin
Industrial Property Law - BR
 Article 176 – A geographical indication is constituted by an
indication of source or an appellation of origin
 Article 177 – An indication of source is considered to be the
geographical name of a country, city, region or locality of its
territory, which has become known as Centre of extraction,
production or manufacture of a determined product or for
providing a determined service.
 Article 178 – An appellation of origin is considered to be the
geographical name of a country, city, region or locality of its
territory, which designates a product or service, the
qualities or characteristics of which are exclusively or
essentially due to
GI vs Trademark
 The term CACHAÇA, has been asked as trademark
in several countries in the world, same as what has
been happening with the exotic fruits from
Northern Brazil, CUPUAÇU and AÇAÍ;
 For this reason, it was imperative to protect the term
CACHAÇA, in the field of Geographical
Indications, taking into account the increasing
worldwide exportation of the genuine Brazilian
spirit.
CACHAÇA – 2002
 The first Brazilian geographical indication
was published by a Decree 4.072, signed by
the Brazilian Government in the year of
2002;
Certification before the BR
Patent and Trademark Office
 Except for the CACHAÇA, all the
Geographical Indications were granted by
the Brazilian Patent and Trademark Office –
BPTO
 Since 1999, the BPTO analyzed
Geographical Indication applications
75
GIs Requirements in 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 the
BPTO
 Application file
 Documents analysis
 Application published
 Period of 60 days for oppositions
 Final analysis
GIs granted by the BPTO
WINE – 2002
COFFEE – 2005
GIs granted by the BPTO
Beef – 2006
Cachaça - 2006
GI certified by the BPTO
Leather – 2009
Wine – 2009
GI Certified by the BPTO
 Until the present date, the BPTO granted
40 Geographical Indications
33 Brazilian
02 Italian
02 French
02 Portuguese
01 American
Italian Gis Granted in Brazil
ITALY - 2ND POSITION
SAN DANIELE
CONSORZIO DEL PROSCIUNTO DI SAN DANIELE
April, 04, 2009 – IG 980003
Italian GIs granted in Brazil
 FRANCIACORTA
 CONSORCIO PER LA TUTELA DEL FRANCIACORTA
October, 21, 2003 – IG 200101
Italian GIs pending in BPTO
 PARMIGIANO REGGIANO – CONSORZIO DEL
FORMAGGIO PARMIGIANO-REGGIANO
Comply with Request – December, 27, 2011
 BAROLO – CONSORCIO DI TUTELA BAROLO
BARBARESCO ALBA LANGHE E ROERO –
Comply with Request, September 21, 2010
 BARBARESCO – CONSORCIO DI TUTELA BAROLO
BARBARESCO ALBA LANGHE E ROERO –
Comply with Request, September 21, 2010
Italian GIs pending in BPTO
 PARMA – CONSORZIO DEL PROSCIUTTO DI PARMA –
Request of Reconsideration – August, 18, 2009
 PADANA – CONSORZIO PER LA TUTELA DEL
FORMAGGIO GRANA PADANO –
Published – June, 11, 2002
 CONEGLIANO – CONSORCIO TUTELA VINO
PROSECCO DI CONEGLIANO-VALDOBBIADENE
Comply with Request – February, 09, 2010
Crimes against GIs – Brazil
 Article 192
Manufacturing, importing, exporting, selling, exhibiting or
offering for sale or maintaining in stock a product that
presents a false geographical indication.
Crimes against GIs – Brazil
 Article 193
Using on a product, container, casing, belt, label, invoice,
circular, poster or any other means of disclosure or
advertisement, indicative terms, such as “type”, “species,
“kind”, “system”, “substitute, “identical”, or the equivalent,
without making clear the true source of the product.
GIs Perspective in Bazil
 In Brazil, the GEOGRAPHICAL INDICATION
expression is almost unknown to consumers and
producers.
 Since 2005, the Agriculture Minister created a
program to stimulate the recognition to the
agriculture and cattle farming Geographical
Indications.
GIs Perspective in Brazil
GI Perspective in Brazil
 Due to the relevant numbers of geographical indication
files before the Brazilian Patent and Trademark Office –
BPTO in the last decade, we assume that Brazil will be a
considered as a strong and potential market to the
geographical indications producers.
 A creation of a committee under the responsibility of the
Agriculture Minister in order to stimulate the protection of
new geographical indications and the national and
international enforcement regarding the Brazilian
geographical indications already granted.
GRAZIE
Cristina Biscaia
cnbiscaia@gmail.com