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)
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)
