GI Protection in South America

Andean Community

i.General description

In the Andean Community (CAN) GIs are protected through a sui generis system. The rules are harmonized for all the Members States[1].

 

ii. Legal framework

DECISION 486, of the Commission of the Cartagena Agreement of 2000

 

iii. Practical Information

The different national offices are responsible for registration of geographical Indications:

Bolivia: Ministry of Industry and Internal Commerce - National Intellectual Property Service (SENAPI)

Colombia: Ministry of Economic Development-Superintendence of Industry and Commerce, Indistrial Property Delegation

Ecuador: Ecuadorian Institute of Intellectual Property (IEPI)

Peru: National Institute for the Defence of Competition and Intellectual Property Protection (INDECOPI)

For more information: Andean Community official Website

 

Argentina

i. General description

The Republic of Argentina recently approved a sui generis system to protect GIs. GIs can be also protected under the Trademark Law, the law on Fair Trade and in addition MERCOSUR Resolution n°26/30 is applicable to the labelling of any food that is comercialized in the Member States of the MERCOSUR[2].

 

ii. Legal framework

The Law n° 25.380 dated 30 November 2000, modified in December 2004 by the law 25.966 which establishes a legal framework for indications of source and denominations of origin for agricultural and food products

Decree No. 556/2009 Regulations under Law Nº 25.380 as amended by Nº 25.966

The Law n° 25.163 of the 15th September 1999, establishing General Standards for the Designation and Protection of Wines and Alcoholic Beverages

Argentine Food Code Law 18.284 of 18 July 1969

 

iii. Practical information

The National Institute of Viticulture is the competent authority for GI wine products

The Argentinean Ministry of Agriculture is the competent autorithy for agro-food products.

More information on: MERCOSUR official Website

 

Brazil

i. General description

Brazil has a sui generis system to protect Geographical Indications. GIs can be also protected through trademarks. The MERCOSUR Resolution n°26/30 is applicable to the labelling of any food that is comercialized in the Member States of the MERCOSUR.

 

ii.Legal framework

Industrial Property Law N° 9279/96 has been published on 15 May 1996, it entered into force on the day of official publication

Industrial Property Law (Amendment) No. 10.196, of 14 February 2001

 

iii.Practical Information

The Brazilian Patent and Trademark Office (INPI) is the Brazilian Government agency responsible for the registration of geographical indications

More information on: MERCOSUR official Website




 

[1] Members States of the Andean Community: Bolivia, Colombia, Ecuador, Peru. Associate Members: Chile, Argentina, Brasil, Paraguay, Uruguay.
[2] On 26 March 1991 Argentina, Brasil, Paraguay and Uruguay signed the Tratado de Asunción to establish the MERCOSUR (Mercado Común del Sur)

 

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