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Showing posts with label normative. Show all posts
Showing posts with label normative. Show all posts

Monday, 1 July 2019

Patricia Covarrubia

Geographical Indication in Brazil: Jan-June 2019

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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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Thursday, 13 July 2017

Patricia Covarrubia

Brazil: refining procedures

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On July 11, INPI Resolution 199/2017 brought to the public a new examination guidelines for the registration of industrial property license agreements and registration of integrated circuit topography, technology transfer (TT) and franchising.

The new guidelines are in line with the amendments implemented through Instrução Normativa No. 70/2017 (effective since July 1st). According to the guidelines the process of registration is simplified, and also, it warranties the legal autonomy to the parties' will.

Chapter I covers ‘agreements signed or registered by INPI’. Some of the eye catching are three since they were not regulated before:
INPI will register: a) ‘Know-how’ contracts which includes the acquisition of knowledge and techniques not covered by IPRs or the provision of technological information for the production of goods and services [before this new Norm INPI neither annotated agreements nor issued certificate of registration for the license of non-patented proprietary technological knowledge]; and b) The contract or invoice for the provision of technical and scientific services that stipulates the conditions for obtaining techniques, planning and programming methods, research, studies and projects for the execution or provision of specialized services.
Technology export contracts are exempted from registration.

Chapter II covers ‘the application for registration or registration of contract’. Chapter III covers ‘the parties to the contract’. Of relevance is: ‘The contract must identify the parties to the contract and their legal representatives, name or denomination and the complete addresses, including, city, federation and the country’. In relation to parties domiciled abroad, they ‘must constitute and maintain a duly qualified attorney domiciled in the country, with powers to represent it administratively and judicially, including to receive summonses.' Note that contracts (license/assignment) regulated by this chapter will be granted by way of title and to be submitted to INPI. Chapter IV, V and IV cover 'the  terms', the certificate' (specifications that the certificate should contain), and finally the 'general and transitional provisions' respectively.

Source INPI.
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Monday, 30 September 2013

Patricia Covarrubia

Brazil: GI announcement.

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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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