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Olá! Boa vinda a nosso blog para a lei da propriedade intelectual e a prática na América Latina

A fishy application


Ornamental fish? this is the one I like!

The Brazilian Instituto Nacional da Propiedade Industrial(INPI) received an application for a Geographical Indication for the ornamental fish ‘Rio Negro’ (black river). The application was filed by a group of representatives from Sebrae/AM (Serviço Brasileiro de Apoio às Micro e Pequenas Empresas -- Brazilian Service to Support Micro and Small Enterprises). The GI is in the form of indicação de procedência (Indication of source/origin). The area covers those municipalities of Barcelos and Santa Isabel of Rio Negro.

The ornamental fish is handled by communities of fishermen that preserve the species -- used in ornamental aquaria. INPI informs that the “taking of the species is allowed by the Ministry of the Environment, through the Center for Research and Conservation of Amazonian Biodiversity (CEPAM), and it is carried out sustainably. This means ensuring compliance with environmental standards associated with the possibility of income for coastal communities, contributing to the preservation of river and forest”. It adds that the registration of the ornamental fish Rio Negro will serve to combat overseas sale which are label as authentic.

So far so good. Yet I did not understand the last part [lost in translation?!] - I even use ‘Google translate’. The issue is: what do they mean by protecting the market of ornamental fish overseas? As far as we know, the registration of a GI is a territorial one. Thus, they cannot block anyone in a foreign country to sell ornamental fish labelled Rio Negro which is not authentic – Am I wrong to think that? Source INPI.

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