IPTango: Denomination of Origin

Showing posts with label Denomination of Origin. Show all posts

Tuesday, 27 October 2020

Indigenous Land as a Geographical Indication

Patricia Covarrubia October 27, 2020 No comments:

‘INPI grants first denomination of origin to indigenous people’

This is the title that the Brazilian Institute Nacional da Propiedad Industrial (INPI) uses for its headlines. My mind started to think of other cases in which a national IPO has recognized in one way or another indigenous peoples and communities. The first, that came into my mind was ‘Tejedurias Wayuu’ [maybe because I love a pretty bag –Xmas list (husband, are you reading this?] (Resolution 71098, 07 Dec 2011) which is a recognized Colombian Denomination of Origin (DO) and it refers to handicraft made by the women from the Wayuu tribe. The second example that came into mind was again from Colombia, the ‘Sombrero Zenu’ (DO) (Resolution 71097 07 Dec 2011) for a hat made by the Zenú Indigenous Reservation [husband, I don't want a hat or a new pot!]. ore in DOs in Colombia here.

Going back to the title and Brazil, the news was a bit different from what I was expecting. Why? you may ask. The Geographical Indication (GI) granted is the name of an Indigenous land and this is something new to me in the recognition of indigenous peoples on GI. In my previous examples, the DOs name refer to the peoples rather than to the land. While GI usually, if not always refers to the link with the region, or better say, the origin in a given ‘place’ - the terroir, the Colombian examples refer to the people.

Moreover, Brazil and more specifically, the INPI is recognizing the ‘Andirá-Marau’ (RPI 2598, 20 Oct 2020) an Indigenous Land as a GI for warana (native guarana) and warana bread (guarana stick). It is the first GI in the form of DO in Brazil to be used by indigenous people, which as noted in my thoughts, refers to the land. Conflicts over indigenous lands and territories have always existed and continue to exist. In this particular GI case, while we may appreciate the recognition of the government and state over the Andirá-Marau Indigenous land, the reality is that there is a pending conflict between the ownership of the area. The area was demarcated in 1982 and approved in 1986, which covers approx. 7,885 square kilometers (3,044 square miles) (Decreto 93.069 - 07/08/1986); Indigenous lands are administratively demarcated by the Fundação Nacional do Índio (FUNAI). Since 2002, the Sateré-Mawé people have asked FUNAIL to correct the boundaries of the Indigenous Andirá-Marau land so that it ‘corresponds to the area they actually occupy’.

The INPI reports that local biome in the ‘Andirá-Marau’ Indigenous land and the know-how of the indigenous Sateré-Mawé people play a key role in obtaining a differentiated product.

Today! Don't forget the 'event' TK and IP

Patricia Covarrubia September 11, 2020 No comments:

As noted early on the week under 'upcoming events on this week', today is the day to attend the webinar by the World Intellectual Property Organization (WIPO) E-commerce and Intellectual Property for Indigenous Peoples and Local Community Entrepreneurs.

I will be in attendance, will you?

The majority, if not all of our countries in Latin America are rich in genetic resources and traditional knowledge. Many do indeed protect traditional handicraft under Geographical Indications and for instance, Panama has a sui generis Law 20 (2020) which aims to protect TK and TCEs.

In Brazil, there are many local products that have benefited from GI protection (as a sui generis system), and some of them were globally seen in the Olympic games Rio 2016 (opening ceremony). Here you can see a very helpful map of GIs in Brazil.

In Colombia, there are 11 Denominations of Origin granted to handicraft, one of them is the weaving products 'Wayuu' referring to the Wayuu indigenous people. Check out (here) the list of DOs already granted in Colombia.

For more inside in how TK is seen as economic activity, check out this paper (available here) that I wrote back in March 2019 (IIC). Remember, GI has the potential to benefit rural communities, but there is some instance that there is no gold at the end of the rainbow.

Colombia: smell [successful] coffee

Patricia Covarrubia July 10, 2020 No comments:

SIC, the Colombian IPO office recently published a short graphic noting Colombian's coffees that have successfully been registered as Denominations of Origin.

Every morning, before I even brush my teeth, I enjoy an espresso. I not only enjoy the taste, but the smell of fresh coffee is very pleasant. I am use to strong coffee, (being Venezuelan with an Italian husband) and actually, I was raised in a farm that on my teenager years was just harvesting coffee beans – what a wonderful time (except the mosquito bites).

I am, by nature please to see how farmers and their respective associations try to protect their products and with it, their farms, their people, their family. I do also understand (as academic and researcher) that no everything is gold at the end of the rainbow when we discuss Geographical Indications. However, just the fact that farmers unite for a common aim, for me, it is a successful goal. Sharing good practices and feeling part of a community is extremely important. In this regard, I see the value of the product as it is explained by the Lisbon Agreement when referring to appellation of origin – a human factor.

SIC explain DO as ‘a sign that is directly related to the community and in which associativity plays a role of special importance’ – I could not agree more. Colombian DOs are defined in Decision 486, which is the Andean Community legislation (equivalent to ‘Regulation’ in EU law) and nationally, under Resolution No 57530. The spirit and the wording of the texts are similar to the one noted as Appellation of Origin under the Lisbon Agreement because they include the natural factors of the region focusing on human factors such as traditional knowledge and methods of elaboration.

Up to today, Colombia has registered as Denomination of Origin SEVEN coffees. And please, if you are taking notes, it is Colombia (country), no Columbia (US state). [I was so heart broken when I saw the final publication of a chapter in a book that I was involved with, that the editorial decided to change Colombia for Columbia !! (that is another story to tell you later)]. Anyways, all started with ‘Café de Colombia’ (2005) which was the first DO in Colombia itself but also the first foreign DO registered in the EU (what an achievement). This opened the door to other farmers that saw the benefits. In 2011, TWO coffees were granted DO: ‘Café de Nariño’ and ‘Café de Cauca’; [I wrote a chapter in a book (not the one that edited Colombia) covering a case study on Café de Narino and a company that wanted to registered as a trade mark such name in Spain [published online by Inter-America Association of Intellectual Property (ASIPI)]. In 2013, ‘Café de Huila’ and 2014, ‘Café de Santander’ successfully registered their DOs. The last TWO were granted on the same date, 30 January 2017 to ‘Café de Tolima’ and ‘Café de Sierra Nevada’.

Way to go Colombia!
The graphic can be seen here.

Chile on promoting national products

Patricia Covarrubia September 12, 2019 No comments:

In Sept 2019, the Chilean Intellectual Property Office (INAPI) and Pro Bono Foundation signed a cooperation agreement seeking to promote the ‘education and culture of industrial property protection.’ The aim is to disseminate and guide users about ‘how to protect their brands and innovations’.

Background: Pro Bono is a NGO and a non-profit organization launched back in 2000. The organization ‘promotes and facilitates democratization in access to justice for the benefit of vulnerable people and groups and social organizations.’ It is made of 39 legal firms, 10 companies and an array of lawyers.

One of the key areas will be the use of ‘sello de origen’ - seal of origin, which aims to preserve and stimulate particular forms of traditional manufacturing/production, traditional crafts, and unique ‘national’ products. The purpose of ‘sello de origen’ is to promote the ‘adequate use of industrial property tools for the recognition and protection of Chilean products through the registration of Geographical Indications (GI), Denominations of Origin (DO), Collective (CoM) and Certification Marks (CeM)’. Check our previous post on this here.

There are six regions in continental Chile and as on the 12th of Sept 2019, the following products are benefiting (or to benefit) from these tools:

Norte Grande
Oregano de la Precordillera de Putre (oregano) – registered as GI
Aceitunas de Azapa (olives) – registered as GI
Maíz Lluteño (corn) – registered as GI
Limon de Pica (lime) – registered as GI

Norte Chico
Aceite de Oliva del Valle del Huasco (olive oil) – registered as DO

Centro
Manos de Isla negra (textiles handicraft) – registered as CeM
Dulces de Ligua (sweet pastries) – registered as GI
Sabor Limachino (tomatoe) – registered as CeM
Chicha de Curacaví (alcolic drink) – registered as DO
Dulces de Curacaví (sweet pastries) – registered as GI
Viñedos Casablanca Route (wine products) - registered as CoM
Sandía de Paine (watermelon) – registered as GI
Corazón de Paine (watermelon_ - registered as CoM
Chamantos y mantas corraleras de Doñihue (textiles) – registered as DO
Sal de Cahuil - Boyeruca Lo Valdivia (salt) - registered as DO
Alfarería de Pomaire (traditional clay jars) – registered as DO
Crin de Rari (miniature knitting) – registered as DO
Loza de Pilén (clay pots) – registered as DO
Puerro Azul de Maquehue (leek)– pending as GI
Mieles Altos de Cantillana Producida en Alhué 100% Natural (honey) – pending as a CoM

Sur
Alfarería de Quinchamalí (sweet pastries) – registered as DO
Tomate Angolino (tomatoes) – registered as GI
Prosciutto de Capitán Pastene (ham) – registered as DO
Piedra Cruz (semiprecious stone) – registered as DO
Sidra de Punucapa (cyder) – registered as DO
Cerveza Valdiviana Región de Los Rios (beer) – registered as CoM
SIPAM Chiloé (agricultural patrimony products) – registered as CeM
Cordero Chilote (lamb) – registered as GI
Chupallas de Ninhue (traditional handmade hats) – registered as DO

Austral
Calidad Aysén Patagonia-Chile (products and services) – registered as CeM

Insular
Atún de Isla de Pascua (tuna) – registered as GI
Langosta de Juan Fernández (lobster) – registered as GI
Cangrejo Dorado de Juan Fernández (crab) – registered as GI
Joya Negra del Pacífico (handicraft) – registered as CeM

Geographical Indication in Brazil: Jan-June 2019

Patricia Covarrubia July 01, 2019 No comments:

The latest news re. GI in Brazil relates to the granting of a GI in the form of Indicação de Procedência to a national product. In May, the Brazilian Instituto Nacional da Propriedade industrial (INPI) registered the name ‘Coffea arábica do Oeste da Bahia’ for coffee coming from the municipalities of Formosa do Rio Preto, Santa Rita de Cássia, Riachão das Neves, Barreiras, Luís Eduardo Magalhães, São Desidério, Catolândia, Baianópolis, Correntina, Jaborandi e Cocos. The GI was granted to the Associação dos Cafeicultores do Oeste da Bahia who will be administering the GI.

In February, INPI granted a GI in the form of Denomination of Origin to the Consejo Regulador del Tequila A.C. to ‘tequila’. The application was submitted back in August 2008 and was finally granted this year – published at the Revista da Propriedade Industrial (RPI) nº 2510.

Before this, in January INPI granted a GI in the form of Indication of Source (Indicação de Procedência) to the national Associação Cultural e Fomento Agrícola de Tomé-Açu (ACTA) for ‘Cacau de Tomé-Açu’ (cocoa).

Brazil recognizes Geographical Indication in the form of Denomination of Origin and Indication of Source. A GI aims to delimit a geographical area’s name to the producers, providers of a particular product/service. In the case of DO, it refers to a country region, city whose products or services have certain features given by its geographical environment including natural and human factors. An Indication of Source refers to the name of a country, region, city whose products or services have certain features given by its geographical environment (no natural/human factor needed).

Finally, in March the Normative Instruction No. 095 (published in the Magazine of Industrial Property (RPI) nº 2504) was in force. The Normative establishes the conditions for the registration of Geographical Indications replacing Normative Instruction No. 25, 2013. Among the new conditions one can observe that the ‘Regulamento de Uso’ (Use Regulation) is now called Technical Specifications; there is now the possibility to change a GI already registered to, include or suppress the name of the product or service and; it is possible to change the GI’s graphic/figurative representation.

Brazil: Geographical Indication gets e-application running

Patricia Covarrubia February 22, 2019 No comments:

Yesterday, 21th February, 2019 the Brazilian Instituto Nacional da Propriedade Industrial (INPI) has made available the electronic system for Geographical Indications (GIs). This was approved by Resolution No. 233 of January 18, 2019.

The system aims to speed the process and allows the applicant to file the petition from any place and any day of the week. Through the system, you could get assistance on how to complete the forms.
The system is available by using the same login and password registered in the (Union Collection Guide GRU) if you have one. If not, then you need to obtain a GRU number which is payable – you need to do so before starting the application.

A user’s guide can be found here.

The Industrial Property Law no. 9279/96, sets up the system for GI protection in Brazil. The law distinguishes between 2 types of GIs: Indication of Source (Indicação de Procedência) and Appellation of Origin (Denominação de Origem).
The INPI has registered 51 Indicação de Procedência (all nationals) and 20 DOs (9 of them are nationals).

They are:
Alta Mogiana
Altos Montes
Cachoeiro de Itapemirim
Canastra
Cariri Paraibano
Carlópolis
Colônia Witmarsum
Costa Negra
Cruzeiro do Sul
Divina Pastora
Farroupilha
Franca
Goiabeiras
Linhares
Litoral Norte Gaúcho
Manguezais de Alagoas
Maracaju
Mara Rosa
Marialva
Maués
Microrregião de Abaíra
Monte Belo
Mossoró
Norte Pioneiro do Paraná
Oeste do Paraná
Ortigueira
Pampa Gaúcho da Campanha Meridional
Pantanal
Paraíba
Paraty
Pedro II
Pelotas
Piauí
Pinto Bandeira
Porto Digital
Região de Corupá
Região da Serra da Mantiqueira
Região das Lagoas Mundaú-Manguaba
Região do Pinhal
Região de Própolis Verde
Região de Salinas
Região do Cerrado Mineiro (DO)
Região do Cerrado Mineiro(IP)
Região do Jalapão
Região Pedra Carijó
Região Pedra Cinza
Região Pedra Madeira
Região de São Bento de Urânia
Rio Negro
Sabará
São João del Rei
São Matheus
São Tiago
Serro
Sul da Bahia
Vales da Uva Goethe
Vale do Submédio São Francisco
Vale dos Sinos
Vale dos Vinhedos(DO)
Vale dos Vinhedos(IP)
Venda Nova do Imigrante

Source, the INPI.

The battle of Pisco

Patricia Covarrubia January 28, 2019 No comments:

Peru has scored once more in the international recognition of Pisco, their national drink.
The Registry of Industrial Property of Guatemala recognized Pisco as a Denomination of Origin (DO) produced in Peru. By Guatemala recognising Pisco as a drink from Peru, it prevents the registration of the name and any marketing of Pisco within the Guatemalan market if it has not complied with the Peruvian national regulation.

Back in 2017, 'Pisco' was declared Cultural Heritage of the Peruvian Nation (Law 30639). In the same year, the DO Pisco was also granted (by The Peruvian Institute for the Defense of Competition and Protection of Intellectual Property INDECOPI) the character of ‘reputable mark’ due to its well-known status.

It is relevant to mention that Pisco is original to Peru as it is original to Chile – therefore there is a long battle between these two countries over the name ‘Pisco’. Pisco has obtained DOs in both jurisdiction as an original and native drink. Some countries would recognise Pisco as coming from Chile and others, from Peru, but not from both countries at the same time, except the EU. This is so because the EU registered Peruvian Pisco as a DO but acknowledged a previous trade agreement (2002) between Chile and the EU in which Pisco was recognized as a DO from Chile. The note clarifies that the protection granted to "Pisco" as a DO to Peru does not hinder the use of that name for products originating in Chile.

Malasia recognizes Pisco as a DO from Peru as well as, Israel, Nicaragua, Algeria, Cuba, Georgia, Haiti, Bolivia, Colombia, Ecuador, El Salvador, Guatemala, Panama, Dominica Republic, Venezuela, Nicaragua and India (since November 2018). However, Costa Rica, United States, China, Malaysia, Singapore, Thailand and Vietnam recognize Pisco as a DO from Chile.

More information about Pisco here.

Public consultation: Brazil opens up on GIs

Patricia Covarrubia November 13, 2018 No comments:

November saw the Brazilian Intellectual Property Office opening a public consultation for the Draft on the ‘Normative Instruction’ that will establish the conditions for registration of Geographical Indications (GIs). This move aims to provide ‘transparency to the analysis and examination procedures’. Moreover, INPI adds that it is important to hear suggestions from users.

Comments and suggestions are open to anyone and they can be submitted until December 6, 2018 to consultapublicaig@inpi.gov.br. If you want to put your thoughts forward, here you can find the way to do it (a form available online). The Draft of the ‘Normative Instruction’ is available here (in Portuguese).

Talking about GIs in Brazil, in October two new GIs were granted, both in the agricultural sector.

Jabuticaba, Brazil

23 October 2018 an Indicação de Procedência (indication of source) was granted to products derived from jabuticaba, located in the municipality of Sabará. Products represented under this GI would be liqueur, jelly, sauce, crystallized bark and jam. Sabará is known for the production of jabuticaba derivatives. Jabuticada (Myrciaria cauliflora) is a seasonal fruit, a type of berry, native from Brazil. The city has been performing the Jabuticaba Festival of Sabará for more than twenty-five years. The derivatives come from traditional recipes (from generation to generation) which is ‘considered a strong element of cultural manifestation of who resides in the municipality’.
26 October 2018, a Denomination of Origin was granted to bananas of the region of Corupá. The Association of Banana Growers of Corupá (Asbanco) in Brazil, made this application back in February 2018. While they wished to obtain the certification by the Banana Day celebration on the 18th April, they still managed to obtain it in 2018. The bananas grown in the region of Corupá claim to be the ‘sweetest in the country’.

Brazil recognizes two types of GIs: Indicação de Procedência and Denominação de Origem. The latter has a strong link with the regions as it recognizes the name of a country, city or region whose product or service has certain specific characteristics thanks to its geographical environment, including natural and human factors. An Indicação de Procedência does not require all links with the region (extraction, production and manufacture) but just one will suffice. Moreover, the specific characteristics due to their geographical environment be it natural or human factors are not required.

Chile's project: promoting, protecting and boosting traditional products

Patricia Covarrubia October 05, 2017 No comments:

Through the ‘Sello de Origen’ program the Chilean presented to the legal representative of the Sociedad Agrícola Punucapa SA, producers of Cider. With the certification of a Denomination of Origin (DO) to ‘Sidra de Punucapa’. The successful application was the result of a collective effort to “recognize, distinguish and protect this traditional low alcohol drink, based on apple juice, whose history goes back to the middle of 1800.”

Sidra de Puncapa is totally handmade, and it is said to be derived from the traditions of the place. This, added to the “climate of the area, with humid oceanic characteristics with low thermal oscillation and considerable rainfall, allow to obtain a unique product that has led to its recognition.”

Looking at these characteristics one can see why this fall under DO and not just a geographical indication. The Chilean Industrial Property Law defines a Geographical Indication as aimed to “identify a product as originating in the country or region or locality in the country, when its quality, reputation or another property is fundamentally attributable to its geographical origin.” From here you can notice that the Sidra de Puncapa is not just a locality where the product is produced and manufactured and that it has a reputation but it goes farther than these factors. Following then the definition of DO under the Chilean Industrial Property Law we see that DOs “identify a product as originating in the country or region or locality in the country, when its quality, reputation or another property is fundamentally attributable to its geographical origin, also considering other natural and human factors that affect the product’s properties.” We therefore understand that Sidra de Puncapa has other special characteristics that are essentially due to the geographical environment in which they are produced. It bears a qualitative and stronger connection between the product and the place of origin which is determined by a set of natural factors (climate), and by a set of human factors (know-how such as in this case the traditional knowledge).

The Chilean Ministry of Economy together with the Chilean Instituto Nacional de Propiedad Industrial (INAPI) launched the program ‘Sello de Origen’. The project aims to promote traditional products through the grant of Geographical Indication (GI), denomination of Origin (DO), Collective Trade Marks and/or Certification Marks.

Source INAPI. More information about GIs in Chile here. There is also a Factsheet specifically focused on the Chilean system to protect Geographical Indications produced by the Latin America IPR SMEs Helpdesk here.

Brazil: Geographical Indications in a map

Patricia Covarrubia September 28, 2017 No comments:

Mapa das Indicações Geográficas brasileiras Source:INPI

We hear about a new map…GI map? The Brazilian Instituto Nacional da Propriedade Industrial (INPI) together with the Brazilian Institute of Geography and Statistics (IBGE) have prepared a Map of Geographical Indications of Brazil - available since September 13th, 2017. The Map is one of the results of the agreement between the two Institutes. The aim is to map the Brazilian production and service areas which have received a GI from INPI.

The map incorporates 4 new products recently recognised as Indicação de Procedência (Indication of Source). Brazil has two forms of Geographical Indication (GI): Denominação de Origem (DO) [there are 10 DOs in Brazil] and Indicação de Procedência [49 ISs in total]. DO is more valued because it depends on proof that the product has special characteristics due to its geographical environment, including natural AND human factors.

The new 4 products are: inhame da região São Bento de Urânia (yam), erva-mate de São Matheus (yerba mate), uvas finas de mesa de Marialva (grapes), and the mel de abelhas do oeste do Paraná (honey). The map also shows the farinha de mandioca (flour) of Cruzeiro do Sul, located in the region of Juruá, Acre registered on August 22.

Pisco: Cultural Heritage of Peru

Patricia Covarrubia August 17, 2017 No comments:

The Peruvian denomination of origin (DO) 'Pisco' has been declared Cultural Heritage of the Peruvian Nation.

Law 30639 which was published yesterday in the Official Gazette of Peru, aims to elevate to the rank of law the Resolution Jefatural 179-88/INC-J. The Peruvian Congress therefore, has declared Pisco as Cultural Patrimony of the Nation.

Law 30639 only contains two articles: Art 1 which establishes the purpose of the Law, that is to raise the rank of Resolution 179-88 / INC-J; and Art 2 which covers the compliance with the declaration granting power to the Ministry of Culture, the Ministry of Foreign Trade and Tourism, the Ministry of Foreign Affairs and the Ministry of Production to monitor and comply with this law.

What is the Law of cultural heritage for?
The Peruvian Law for the Cultural Heritage of the Nation (Law No. 28296) in its Preliminary Title, Art 5 establishes that “…assets belonging to the Cultural Heritage of the Nation, regardless of their private or public status, are protected by the State”. Also Chapter II, Art 24 institutes that the protection of intangible property includes its “identification, documentation, registration, research, preservation, promotion, valorisation, transmission and revitalisation.”

Last month we reported that Peruvian Pisco was granted (by INDECOPI) the character of reputable mark due to its well-known status (here).

In regards to the status of cultural heritage, the newspaper notes a remark made by INDECOPI (which is the national IPO office) that “Peru is here (in Spanish)).
moving forward with its strategy of obtaining the original name of Pisco, taking into account that it currently shares it with Chile”. But is this relevant? How will anything change by obtaining the official status of ‘cultural heritage’? Pisco is original to Peru as it is original to Chile. Both of them has obtained DO in their respective jurisdiction. There are some states that recognise Pisco as coming from Chile and Peru. Other states will recognised as only coming from Chile and others only from Peru (see this report from La Republica

Moreover, this goes in line with something that we reported recently i.e. that Peruvian Pisco could not compete in the category of ‘Pisco’ but of the ‘aguardientes’ in the international contest "Spirits Selection by Concours Mondial de Bruxelles" (Brussels Competition), taken place next week in La Serena, Chile.

Sources here, here and here.

Uruguay and Chile: new agreement in the region

Patricia Covarrubia August 09, 2017 No comments:

Economic and trade relations between Chile and Uruguay are currently governed by the Economic Complementation Agreement between Chile and the Southern Common Market (MERCOSUR) which comprises also Argentina, Brazil, and Paraguay. In order to deepen and stimulate trade relations, both countries agreed to start negotiations in early 2016 to set up a Free Trade Agreement.

This project has now reached the Chilean Chamber of Deputies for its First Constitutional Process.
This Agreement in general will coexist with the international agreements in which both countries are parties. Therefore in regards to Intellectual Property they reaffirm the commitment of both parties to the Berne Convention, Paris Convention, the TRIPS agreement and to its amendment protocol contained in the Doha Declaration (re. access to generic medicines).

If you are looking at the agreement, see chapter 10 (at page 183) which is the one that covers IP.

Article 10.5 covers ‘principles’ which refers to a balanced treatment between the rights of innovators on their creations and the social component of the use of knowledge for the benefit of citizens – provided they are compatible with the IPRs provisions. In this we observed that Article 10.5bis refers to the commitment to public health acknowledging the Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health WT/L/540; and furthermore, the commitment to support the agreement presented by WT/L/641: inserting Article 31bis after Article 31 and by inserting the Annex to the TRIPS Agreement after Article 73.

Article 10.11 covers ‘denominations of origin and geographical indications’. In this, it asserts that each party must ensure in its legal system the protection of DOs and GIs and this to be in line with the TRIPS. The agreement further contains an Annex, if you look at Annex 10.11 it only covers Pisco and it contains this disclaimer “The foregoing shall be understood without prejudice to the recognition that Uruguay may grant to a country which is not a party in relation to homonymous geographical indications and denominations of origin.” According to MENSAJE Nº 348-364/ Pisco then has automatically secured access to the Uruguayan market without any geographical identifier.

Annex 10.7 has a list of DOs and GIs from both parties. From Uruguay is is mainly wines while Chile shows others such as ‘Limón de Pica’, ‘Sandía de Paine’, ‘Aceituna de Azapa’, ‘Dulces de la Ligua’, ‘Oregano de Putre’, and ‘Cordero Chilote’ to name a few.

Peruvian Pisco: Renowned reputation

Patricia Covarrubia July 31, 2017 No comments:

From the Peruvian Institute for the Defense of Free Competition and the Protection of Intellectual Property (Indecopi) we read the news that Pisco, a denomination of Origin, has been given the character of reputable due to its well-known status (Resolución N° 13880-2017/DSD-Indecopi).

INDECOPI recognised that Pisco has ‘reached a relevant level of knowledge, recall, great quality and positioning that put it at same level of other famous denominations of origin and world-wide marks.’ Giving this distinction means that Pisco ‘reinforces its protection and extends it to the countries of the Andean Community of Nations.’ [Bolivia, Colombia and Ecuador are the other members of the Andean Community]

The director of INDECOPI’s Distinctive Signs, Mr Meloni García, noticed that 'in order to determine this notoriety, attention was paid to a number of factors, including sales volume, advertising of the denomination of origin, intensity and duration of use, prestige and value achieved over time, among others aspects.’

The notoriedad en grado de renombre (literal translation would be renowned reputation) is given to signs that are known by consumers belonging to diverse markets and, in addition, it enjoys of high prestige and reputation.

'Desperados' for Tequila?

Patricia Covarrubia July 12, 2017 No comments:

For some years, the Mexican producers of tequila have manifested disagreement with the use of the word ‘tequila’ in ‘Desperados’ one of the brands of the company Heineken Enterprise. ‘Tequila’ is an alcoholic beverage native from Mexico, specifically, from the region comprising part of the states of Jalisco, Nayarit, Tamaulipas, Michoacán and Guanajuato. It is obtained by distillation and rectification from the agave tequilana blue variety or tequila agave. References to its production date back to 1943, but the efforts to secure legal recognition started in the 1970s after some countries began to produce spirits to whom they called ‘tequila.’ As a result, in 1974 the appellation of origin Tequila was declared.

For its quality and particular flavour, the tequila has earned international recognition as a symbol of the Mexican cultural identity. Since 1993, the Mexican Tequila Regulatory Council (Consejo Regulador del Tequila – CRT) has been the organisation dedicated to safeguard the appellation of origin, and to verify and certify as to whether or not a product complies with the Mexican Official Standard of Tequila (NOM-006-SCFI-2012).

The question in dispute is that the beer ‘Desperados’ does not contain tequila but ‘flavours’ of which 75% is tequila, and yet it uses the word tequila in its trademark. It is noteworthy that such word is highlighted in the trademark because of the high-contrast made by its red letters over the beer’s yellow colour.

Two weeks ago, CNN in Spanish reported the disapproval of the tequila industry with this situation. According to the news agency, the CRT considers that the use of ‘tequila’ in the trademark misleads consumers as the beer Desperados neither has tequila nor is a CRT’s certified product. Consequently, the CRT affirms that ‘tequila’ should no longer be used in the trademark, or that tequila must be one of the ingredients of Desperados. In the same news is informed that a representative of Heineken stated that the flavouring utilised for the production of the beer contains genuine tequila, which is purchased from a member of the CRT.

Apart from the appellation of origin achieved in 1974, in June this year, under the registration number 5225126 the United States Patent and Trademark Office - USPTO granted the Certification Mark ‘Tequila.’ This was the result of a joint action of the tequila industry and the Mexican Government. It would be expected, thus, that the concession of this trademark is presented as another argument against the use that Heineken has been making of the word tequila. Nonetheless, it is important to highlight that Heineken has also achieved recognition of the brand Desperados by the USPTO.

In this state of affairs, no end to this dispute is in sight. However, there is no doubt that whatever its outcome may be; this case is of relevance for trademark law.

Post written by Florelia Vallejo Trujillo
Assistant Professor, Universidad del Tolima, Colombia
PhD Candidate University of Nottingham, UK

Sweet Colombia: bocadillo gets GI

Patricia Covarrubia June 28, 2017 No comments:

Few opportunities I have had to try all the beautiful food from Latin America. I mean, there are so many countries that it would be no possible for me to have tried everything from each country. So today I announce the granting of Denomination of Origin (DO ) to 'El bocadillo veleño'.

Back in 2012 the Association of producers Fedeveleños started to work towards this certification.

Image result for en que envuelven el bocadillo

The bocadillo veleño is a confectionery made of guava pulp, it is shaped in a small rectangular block, its consistency is firm and colour wise is reddish.they are wrapped in dry corn plant leaves. In Venezuela (my country) we also made similar confectionery but the Colombian one is in another league! I used to leave near the border with Colombia and this bocadillo was is my shopping list every time I crossed the border. I prefer to have it with a bit of white (fresh) cheese and sometime I put in in a blender with a glass of milk...Oh God! I was in heaven. [someone bring me some, pretty please]

The geographical link is established within the town of Vélez, Santander. This is the second DO granted in the region (the first one was Cafe Santarder) [another one in my list].

A ceremony is taking place this coming 30 June 2017 where the certificate will be granted.

More information here at the Superintendencia de Industria y Comercio (SIC).

Peruvian Pisco or Chilean Pisco: a world competition

Patricia Covarrubia June 06, 2017 2 comments:

This is some news that we got in here today: the Peruvian National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI) has announced that it is considering cancelling authorizations for the use of ‘Pisco’ Denomination of Origin (DO) and even initiating infringement procedures against ‘certified’ producers who participate in the contest "Spirits Selection by Concours Mondial de Bruxelles" (Brussels Competition), taken place La Serena, Chile from 22 to 24 August 2017.

What is this about? The Peruvian ‘pisco’ will not be able to participate in this prestigious competence which rewards the best spirits in the world, unless their name is changed to ‘Peruvian Grape distillate’. INDECOPI rhetorically noted that not calling ‘pisco’ for its DO will denigrate the prestige and commercial value of the product.
Brussels competition changes annually, and this year taken effect in Chile, the authorities requested to change the rules so that the Peruvian producers of ‘pisco’ cannot participate in the category of pisco but can participate in the category of ‘Peruvian grape distillate’. This decision denies the possibility of Peruvain ‘pisco’ participating in the category that corresponds to it and so, denying the use of its DO.

INDECOPI’s measure: it noted that by the Peruvian producers of pisco that by not been able to use theirs DO it will “weaken the defence of exclusivity over [their] denomination of origin and all the efforts that are channeled for the protection and promotion at the international level” therefore it considers that the most reasonable measure will be not to participate in this contest.
While the measure appears to be well intended and advisory, it also warned that if pisco producers participate in the Concours Mondial de Bruxelles, INDECOPI may cancel the authorizations of use of DO to such producers. The measure comes after INDECOPI noticed that if they do so, it will “affect the prestige and commercial value” of Peruvian Pisco. This is so because it will “cause uncertainty regarding the quality of the product” since it will not need to have gone through the controls required for ‘pisco’ DO and all the restrictions of its regulation.

Finally it remarked that if Peruvian products were to obtain medals in the competition they could not display it in the Peruvian market, since these would not have been won in the 'pisco' category. If they do so, it would deceive consumers.

Why the change of rules in the competition? The battle over this term is not something new. Chilean Pisco vs Peruvian Pisco. As the competition is taking place in Chile one can guess that under the ‘pisco’ category only those product produced in accordance with the Chilean regulation will be considered.This has been ratified by the organizers explaining that "Chilean and Peruvian legislation does not recognize the “Pisco” denomination in the other country." Therefore Peruvian pisco to go through customs, it must be labelled as “grape spirit”.

Internationally for instance the EU recognizes Chilean Pisco and Peruvian Pisco as DOs. Yet, when the EU registered Peruvian pisco as a DO it acknowledged a previous trade agreement between Chile and the EU in which Pisco was recognized as a DO from Chile. The note clarifies that the protection granted to "Pisco" as a DO to Peru does not hinder the use of that name for products originating in Chile. Malasia recognizes Pisco as a DO from Peru as well as Costa Rica; Chile and Nicaragua recognizes Pisco as a DO from Chile.

Pisco: Chile vs Peru

Patricia Covarrubia August 19, 2016 No comments:

The Chilean Association of Producers of Pisco has heatedly reacted after a commercial banner located in a main area in Santiago de Chile remarking ‘#PISCOISPERUVIAN’.

Mr Hernandez, the Chilean Association Producers of Pisco’s president, said that this action is “an open campaign of provocation from the neighbouring country". The banner infringes national laws which protect the designation of origin of Pisco as a distilled drink only produced in the regions of Atacama and Coquimbo (see DFL 181, Law 18,455).

The association requested a hearing with the Minister of Agriculture, as well as contacting the Agriculture and Livestock Service (SAG). This set of events made SAG to bring a ‘Complaint and Summons’ (ADC) to the company's commercial advertising SUR S.A. (MASSIVA), which is the one that installed the banner – associated with the brand ‘PERUVIAN’.

SAG’s director informed that the reason “we have completed this ADC to the company have to do with the designation of origin of pisco…That is why the aforementioned company must go to the offices of SAG RM to provide background on hiring this ad space".

Added to the banner, there is also a video through Youtube produced by the brand ‘PERUVIAN’ which emits strong statements against the Chilean Pisco industry (to watch the video click here). For instance the video made remarks that “Pisco is 100% Peruvian due to geopolitical reasons, etymological, geographical and historical"; that the Chilean Pisco is a sign which “mislead the designation of origin”; and generally that the Peruvians need to react against this and need to claw-back the term Pisco as the Spaniards did with the term ‘Jerez’ and France with ‘Champagne’.

The Pisco Producers Association also reported this situation to regional parliamentarians, and now the Chilean Chamber of Deputies has published the discontent of not only the Producers but the Chileans. In this regard, Deputy Sergio Gahona said "it is unacceptable that in our own country the designation of origin of pisco is infringed". The MP argued that "in cases like this all public actors responsible for it should take a more active role in the defence of the Designation of Origin of the Chilean Pisco”.

The battle over this term is not something new. For instance, in 2013, the EU registered Pisco as a DO from Peru. However, this registration acknowledged a previous trade agreement between Chile and the EU in which Pisco was recognized as a DO from Chile. The note clarifies that the protection granted to "Pisco" as a DO to Peru does not hinder the use of that name for products originating in Chile. Other trade agreements also see the dispute over the term: Malasia recognizes Pisco as a DO from Peru; a trade agreement between Chile and Nicaragua recognizes Pisco as a DO from Chile; another trade agreement between Peru and Costa Rica recognized Pisco as a DO from Peru.

Colombia: Se autoriza uso del Sello Oficial de Denominación de Origen Protegida a artesanos

Gilberto Macias (@gmaciasb) December 22, 2015 No comments:

La Superintendencia de Industria y Comercio (SIC) entregó la autorización del Uso del Sello Oficial de Denominación de Origen Protegida a 40 artesanos pertenecientes a 12 regiones de Colombia sobre los productos a los que se les ha declarado la protección como Denominación de Origen.

Los artesanos a quienes se les entregó el Sello actualmente participan y exponen sus productos en la edición XXV de Expoartesanías 2015.

Entre las artesanías que recibieron este reconocimiento se encuentran diferentes productos emblemáticos de Colombia como la cerámica del Carmen de Viboral, las mochilas Wayuu y la tejeduría Zenú, entre otros.

El Sello Oficial de Denominación de Origen permite a los artesanos identificarse como beneficiarios y productores o transformadores del respectivo producto protegido por denominación de origen y así garantizarle al consumidor la originalidad y calidad por éste esperada en cada uno de esos productos. Los consumidores podrán ver que los productos de los artesanos autorizados tendrán las respectivas “marquillas” que incluyen el Sello Oficial y el lugar geográfico identificado.

La SIC también entregó 9 marcas colectivas: CISLOA, ECOSOMBRIO, ASOJAMAR, SANTALT, ARTE & SEDA, ACEDAR, SARAWATI, ASOCHIARTE y LA ESPERANZA, a nueve Asociaciones de Artesanos ubicadas en Caldas, Risaralda y Boyacá que cumplieron con los requisitos exigidos por la Decisión 486 de la Comunidad Andina.

Más información aquí.

Pisco: controlled and guaranteed denomination of origin

Patricia Covarrubia October 19, 2015 No comments:

The Peruvian Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi), informs of recent operation set up to verify the use of the term ‘pisco’.

INDECOPI conducted an operation in the city Chincha (Ica region) where it visited 21 shops to verify the use of the denomination of origin ‘pisco’ in alcoholic beverages. Through the Directorate of Distinctive Signs together with the staff of the national customs and tax administration (SUNAT), they seized more than 500 bottles filled with alcohol which were using the said DO despite not having the respective authorization.

In 2011 INDECOPI awarded to the National Association of Producers of Pisco, the authorization to operate as the Regulator of the said DO. The Regulatory Council guides, monitors and control the production and processing of Pisco. Besides, if a manufacturer wants to use a DO, it needs to be authorized by the Directorate of Distinctive Signs at INDECOPI.

A triviality (or not, especially for the EU market)
In 2013, the EU registered Pisco as a DO from Peru. However, there is a note which acknowledged a previous (2002) Trade Agreement between Chile and the EU in which Pisco was recognized as a DO from Chile. The note clarifies that the protection granted to "Pisco" as a DO to Peru does not hinder the use of that name for products originating in Chile.

Protección judicial a la Denominación de Origen “Champagne” en Colombia

Gilberto Macias (@gmaciasb) August 20, 2015 No comments:

En el que es el primer caso judicial en la historia de Colombia relacionado con la infracción de una Denominación de Origen protegida (DOP), la Superintendencia de Industria y Comercio (SIC) ha concluido, preliminarmente, que el utilizar expresiones como “Champaña” y “sabor artificial de Champaña”, en productos que no provengan de la provincia francesa de Champagne (Terroir Champagne), es un acto que infringe los derechos de propiedad industrial derivados de la DOP “Champagne”.

El caso en cuestión deriva de una solicitud de medidas cautelares instaurada por el Comité Interprofessionnel Du Vin de Champagne en contra de la empresa colombiana Vinos de la Corte por el uso no autorizado de la DOP “Champagne”.

Los vinos espumosos identificados por la demandante con la denominación ‘Champaña’ provienen del municipio colombiano de Santander de Quilichao (Cauca) y no de Francia.

De momento la SIC ha ordenado a la demandada, como medida cautelar, abstenerse inmediatamente de utilizar expresiones como “Champagne”, “Champaña”, o “sabor artificial Champaña”, así como a retirar inmediatamente cualquier aviso, publicidad o comunicación pública de dichas expresiones en sus productos.

Hecho que, viendo la página web de la demandada, aún no se ha cumplido.

Estaremos siguiendo de cerca este asunto pues el mismo resulta muy interesante y relevante para ver cómo se protegen, y respetan, las indicaciones geográficas y denominaciones de origen protegidas de terceros países.

Más información directamente en el comunicado publicado por la Superintendencia aquí.