Update on the protection of foreign Geographical Indications (GIs) in Brazil, especially those from the European Union

According to Brazilian law, Geographical Indications (GIs) that are officially recognized abroad enjoy legal protection automatically in Brazil, regardless of whether they are registered with the Brazilian Patent & Trademark Office – BPTO. However, in practice, it is highly recommended that such local registration be carried out, as a way of strengthening this protection (including in order to use criminal law against falsifications) and to publicize the protection of the foreign GI in Brazil.

At a meeting of the Brazilian Interministerial Group on Intellectual Property – GIPI, held on December 4, 2024, the President of the BPTO addressed 2 (two) relevant points related to the protection of foreign (IGs) within the Brazilian territory. Thus, first of all, it was informed that the newly organized National Directory of GIs, previously announced by the BPTO, will be expanded to also include foreign GIs, provided they are duly registered with the BPTO.

And, secondly, it was mentioned that is being debated a possible modification of the BPTO’s internal guidance, which has been in force for around eight years, according to which administrative prosecution of applications for registration of GIs originating in the European Union is suspended. This suspension of the prosecution (something that, evidently, delays the granting of GI registration in Brazil) was motivated by the impasse in the negotiations for the free trade agreement between Mercosur and the European Union.

These negotiations have been ongoing for 25 years, and, recently, the text that had already been approved by all parties has encountered resistance from France, which prevented the signing of the agreement, despite strong pressure from Germany for it to be signed.

We remain at your disposal for more information and to assist in the protection of foreign GIs in Brazil. Feel free to contact us at mail@kasznarleonardos.com.