Monday, 30 September 2013

Brazil: GI announcement.

Over the weekend I read that the Brazilian Instituto Nacional da Propiedad Industrial (INPI) published a communication establishing the conditions for the registration of Geographical Indications (GI).

The Normative Instruction (IN) No 25/2013 replaces the IN 12/2013. This is so, according to the preamble of the said normative, due to the ‘growing importance of GIs for the economy’ and the need to ‘give adequate protection to GIs in Brazil’. The new normative consist of 30 Articles in total. Article 2 defines as a GI an ‘Indicação de Procedência’ (Indication of Source) and a ‘Denominação de Origem’ (Denomination of Origin) giving a proper definition for each of them. It continues to set up GIs that are not eligible to be recognised as such. A couple of articles covered foreign GIs.

Looking at the whole normative, it appears to be crystal clear. It covers pretty much everything that is needed to be known for anyone wishing to apply for a GI in Brazil e.g. requirements, application process, and examination process -- it even indicates that the reports should be submitted in A4 size paper with particular margins.
INPI’s web page has also been updated as to contain the last record of GI registered. Up to last week, there were 44 GI in total (nationals: 36 and foreigners: 8) - see this link here.

Brazil is not member of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration as other counterparts in Latin America (Costa Rica, Cuba, Mexico and Peru are members). Yet, this has not been a deterrent for establishing clear and precise legislation in the area and indeed, of good standard.

I wonder whether this has something to do with the forthcoming Olympic Games and World Cup. Brazil is hosting both international games and so, expecting millions of tourists. Will Brazil see a boost in the registration of national products?

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