Peru: the FIVE instruments of accession [I got it wrong]

Peru: the FIVE instruments of accession [I got it wrong]

Patricia Covarrubia   August 02, 2022   No comments:

On July the 18th we published in this blog that the executive president of the Peruvian Intellectual Property Office (Indecopi) submitted, during the Sixty-Third series of meeting of the Assemblies of the member states, five instruments of accession. 

At the time, the news was that one of them was the Geneva Act of the Lisbon Agreement (re. denominations of origin and geographical indications), and I was quick to ‘guess’ that one could have been the Madrid System. At the end I reported on others that were still pending. Well…I got it wrong, my wonderful and desirable guess was not so brilliant after all. Peru is putting this in the ‘long overdue’ to do list, and I said overdue because Colombia, a counterpart in the EU FTA together with Peru, started to work towards this back in 2012. 

The other guesses were: Locarno Agreement (re classification for industrial design); Strasbourg Agreement (re classification for patent); Nice Agreement (re classification for marks); and the Vienna Agreement (re classification for marks that consist or have a figurative element). All of them consist of international classification, which will appear in official documents and publications relating to the registration and renewals of the designs, patents, and marks respectively, the NUMBERS of the categories, DIVISIONS and SECTIONS of the Classification to which the design, patent and marks belong to. 

Photo: Proarándanos

During the encounter, Peru noted its effort to implement WIPO GREEN. This is an initiative that promotes ‘innovation and diffusion of green technologies’ (for more info, see here). The goal is to ‘connect providers and seekers of environmentally friendly technologies’ via an online platform where they can exchange information. Peru noted that they are focusing on the agro-industrial sector specifically prioritizing coffee, and blueberries. Peru has TWO denominations of origin for its coffee: Café Villa Rica and Café Machu Picchu – Huadquiña. While there is none for blueberries, this fruit has put Peru in the top list of exporters, for instance, this year has exported more than 5,000 tons of blueberries (Proarándanos). 

To read the news click here.

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Colombia: smell [successful] coffee

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.

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Geographical Indication in Brazil: Jan-June 2019

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.

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Colombia: the next #goodcoffee

Colombia: the next #goodcoffee

Patricia Covarrubia   September 23, 2014   3 comments:

The “Federación Nacional de Cafeteros de Colombia” has always been very active in protecting the “Café de Colombia” brand worldwide.

In 2005, Café de Colombia gained the protection as designation of origin (Denominación de Origen Protegida - DOP) in the country; two years later, in October 2007, Colombian Coffee became the first agricultural food product from a country that does not belong to the European Union to receive the EU PGI recognition.

The Federación is now trying to valorise regional varieties of Colombian coffee. This strategy of diversification has been recognised by the Superintendency of Industry and Commerce (SIC), which awarded the DOP to four regional varieties, including Café del Cauca, Huila and Nariño. In September 2014, a fifth variety has been awarded with a DOP by SIC (Resolution No. 50042 of 2014): Café de Santander.

For more information (in Spanish) regarding the area and method of production of Café de Santander: here.

For further account on Colombian GIs: Patricia Covarrubia, 'Colombia: Intellectual Property and Aboriginal Handicraft' in Sarah Sargent (ed), A New Millennium for Indigenous Rights: Challenges and Changes, Buckingham, University of Buckingham Press, 2014 (forthcoming).

Post written by Nicola Coppola, Bournemouth University.

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The moron in a hurry – the only person who would be misled

The moron in a hurry – the only person who would be misled

Patricia Covarrubia   August 18, 2014   No comments:

National Federation of Coffee Growers of Colombia (Federacafé) has unsuccessfully opposed to the registration of the mark ‘Mild Coffee Company Huila’ for tea, cocoa, sugar, rice, tapioca, coffee derivatives among others.
Mild Coffee Huila Company SAS applied at the Colombian Superintendency of Industry and Commerce (SIC) and the Federacafé opposed on the grounds that the sign lacked distinctiveness and moreover, it was descriptive – the Directorate of Distinctive Signs agreed. However, on appeal the decision was reversed and the mark was registered.

According to Art 135 Decision 486 (the Andean Community common intellectual property regime), signs may not be registered as trade marks when they:

b) are lacking in distinguishable characteristics;
…
e) consist solely of a sign or statement that may serve in commerce to designate or describe, in respect of the goods or services for which they are to be used, their quality, quantity, purpose, value, geographical origin, or time of production, or that impart other details, characteristics, or information, including expressions of praise for those goods or services;
...

Explaining further, the superintendent explained that the term does not monopolize the individual expressions ‘mild coffee’. Mild Coffee Huila Company SAS’s lawyer explained that the sign is a combination; all elements together (figurative and words) made the mark distinctive. Finally he adds that the "National Federation of Coffee Growers usually present oppositions to many brands in the coffee sector.”

Indeed, mild coffee as a term will describe the quality of the coffee if applied to coffee products. In this particular case, the sign applied for was not just a term but was a combination of words and graphic designs. Yet, wouldn't you as part of the consumers be puzzle? If you are in a supermarket holding a bag of something than contains coffee with a logo that reads ‘mild coffee’, wouldn't you think that it refers to the product? On second thought, looking closely to the logo I guess that the only person that would be misled is a moron in a hurry.

Source La Republica.

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Not just a label: Geographical Indication

Not just a label: Geographical Indication

Patricia Covarrubia   March 19, 2014   No comments:

This week, the Brazilian Instituto Nacional da Propiedad Industrial (INPI) presented a certificate of Designation of Origin (DO) to the producers of coffee in the region of the Cerrado Mineiro. The event took place at a national fair called ‘Feira Nacional de Irrigação em Cafeicultura’ and was attended by farmers, exhibitors and officials.

Sergio Francisco de Assis, President of the Federation that represents, manages and promotes the Cerrado Mineiro region, received the certificate and acknowledged that the “certificate summarizes years of work” and recognises the said Regions and its people.


On the other hand, Lúcia Regina, who is the General Coordinator of Geographical Indication at INPI, congratulated farmers for the achievement and at the same time encouraged them to seek protection in other markets and products.

The region of the Cerrado Mineiro is the leading producer of coffee in Brazil. According to Decree of the Government of Minas Gerais the region comprises an area of 147 hectares and approx. 3500 producers. The region has uniform climate pattern allowing the production of high quality coffees.

A soft reminder to my family...

Back in 2005, the coffee from the Cerrado Mineiro was granted an Indication of Source. Currently, the product is giving the highest GI certificate and thus, recognizing (not just labelling) the “qualities and characteristics of the product, the result of geographical environment, including natural and human factors.”

While this news was reported a few months ago (here), it was this week that the event took place. As noted at the time, this is the third national product that receives a DO (there are: ‘Litoral Norte Gaúcho’ for rice (granted in 2010); and, 'Vale dos Vinhedos’ for wines (granted in 2012)).


Source INPI here and here.

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