Before the enactment of the Industrial Property Law (IPL) No.
9.279/96, Geographical Indications (GIs) were protected in Brazil
on the grounds of unfair competition. This scenario changed when
the IPL entered into force.
It introduced the protection of GIs by means of a registration
issued by the Brazilian Institute of Industrial Property (INPI) not
only for products but also for services. It is possible to seek
registration (of declaratory nature and for an unlimited period of
time) for GIs either as Indicação de
Procedência (IP) or Denominação de Origem
(DO).
Only upon INPI Ordinance no. 75 of 2000, the rules on GI
registration were introduced. They are now superseded by INPI
Normative Instruction no. 12/2013 of March 19, 2013.
Since the registration in 2002 of the first IP VALE DOS
VINHEDOS" (red, white and sparkling wines), the interest for
GIs has been growing fast in Brazil. At the moment, 30 Brazilian
GIs are protected in the country for an amazing variety of
products, among them: "VALE DOS SINOS" (finished
leather), "PEDRO II" (precious opals), "CACHOEIRO DE
ITAPEMIRIM" (marble), and "REGIÃO DA SERRA DA
MANTIQUEIRA" (coffee).
The first Brazilian DO "LITORAL NORTE GAÚCHO"
(rice), was registered in August 2010 followed, among others, by
"REGIÃO PEDRA CARIJÓ RIO DE JANEIRO"
(gneiss), "MANGUEZAIS DE ALAGOAS" (red propolis), and
"COSTA NEGRA" (shrimps).
But it is the recent recognition of "PORTO DIGITAL" as
IP for IT services, the most interesting case in terms of GI
protection. In this case, the right holder had to submit consistent
evidence of acquired reputation for this kind of services, as
reputation is a key requirement for the registration of an IP in
Brazil. Many legal specialists are assessing which will be in
practice the effects of such a registration.
As the number of Brazilian GIs keeps growing, further IP
registrations for different services might follow. It is
interesting to see whether the INPI will register a DO for
services, since the main features in this case must result from
environmental and human factors.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.