The Brazilian Patent and Trademark Office (BPTO) published on Tuesday, January 5th 2021, the first edition of the Manual of Geographical Indications. This initiative aims to bring more legal security to users of the system, as it organizes BPTO's understandings regarding the matter, consolidating guidelines and procedures for examining Geographical Indications, as well as instructions for applications.
Geographical indications are a mean of protecting intellectual property rights that aim to highlight the origin of a product or service when a certain quality, reputation or other characteristic of the product or service is essentially attributed to its geographical origin. The emphasis given to the origin of the product or service intends to underline its qualities in view of its counterparts. Examples of geographical indications recognized in Brazil are “Vale dos Vinhedos” for wines, “Salinas Region” for cachaça, “Champagne” for sparkling wines and “Roquefort” for cheeses.
According to articles 177 and 178 of the Industrial Property Act, Indication of Origin and Denomination of Origin are species of geographical indication. The indication of origin is granted when the geographical name of the country, city, region or locality has become known as the center of extraction, production or manufacture of a certain product or provision of a certain service. The denomination of origin is granted when the geographical name of the country, city, region or locality designates a product or service whose qualities or characteristics are due exclusively or essentially to the geographical environment, including natural and human factors.
The manual shall be periodically updated according to the decisions of the Standing Committee for the Improvement of Procedures and Guidelines for the Examination of Marks, Industrial Designs and Geographical Indications (CPAPD).