BRAZIL

COUNTRY : FEDERATIVE REPUBLIC OF BRAZIL

CAPITAL : BRASILIA

LANGUAGE : PORTUGUESE

 

The Intellectual Property Office in Brazil is administered by INPI. Headquartered in Rio De Jeneiro, INPI has offices in all the states of the country.

The Geographical Indications affairs in Brazil are looked after by the Gathering Union.


  • LAW PROTECTION GEOGRAPHICAL INDICATION BRAZIL

    • Geographical Indications Act is the law for the protection of GIs

      1.  Indications of Origin – IO
      2. Designations of Origin – DO
  • ROLE PLAYED BY GEOGRAPHICAL INDICATION BRAZIL:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN BRAZIL
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE BRAZIL

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
      • GIs which are not or have ceased to be protected in their country or territory of origin
      • Gis which have fallen into disuse in their country or territory of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION BRAZIL
  • WHO CAN FILE GEOGRAPHICAL INDICATION BRAZIL

    • Following can apply for registration of GIs:

      • Groups of Producers
      • Associations 

      Applications to contain the following:

      • The name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
      • The name of  geographical indication for which registration is sought;  
      • the geographical area along with the name and boundaries to which the geographical indication applies;  
      • The goods for which the geographical indication applies;  
      • Description of the natural  & human factors involved;  
      • Guide to the Gathering Union – GRU;  
      • Details regarding the center / place of extraction, manufacturing & production;   
      • The quality, reputation or other characteristic of the goods for which the geographical indication is used; and  
      • Any other particulars as may be prescribed.  
  • EXAMINATION OF GEOGRAPHICAL INDICATION BRAZIL

    • Once the application is received, it is formally examined. The application is then scrutinised regarding compliance with all the requisites. Once the application is found to be compliant with all the formalities and the requisites, it is published for objections from interested third parties in the Journal of Industrial Property RPI.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION BRAZIL

    • Interested parties may within 60 days post publication of the application, object, oppose or ask for cancellation of the GI.

      If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION BRAZIL

    • Only producers registered & carrying on activities within ghe indicated geographical area are allowed to use GI in the course of trade & commerce.

  • Cost of Registration of Trademarks
Geographical News