14/12/2018 – Brazil: oriGIn provides comments to the national IP Office to facilitate the registration of GIs

Legislation Law PoliciesIn November, the National Institute of Industrial Property (INPI) of Brazil launched a public consultation on the Draft Rules concerning the registration of GIs in the country

oriGIn took this opportunity to raise an issue faced by some of its members in Brazil, concerning the restrictive interpretation given by the national authorities to the GIs definition, which seems not to be in line with the relevant international rules and practice. Both GIs definitions (“Indicacao de Procedencia” and “Denominacao de Origem”), in fact, as provided in articles 177 and 178 of the Brazilian law, require that only applications incorporating the exact name of a country, city, region or locality, can be accepted for registration. As this is interpreted in a restrictive way, some of our members – recognised in more than 80 jurisdictions around the world – have not yet managed to secure protection in Brazil.

You can consult here oriGIn answer to the public consultation

  

This summary has been extracted from an “oriGIn Alert”, which is a service reserved exclusively to oriGIn members.  Click here to join oriGIn 

For more information about GIs protection at the national level see the respective category in the section Policy and Advocacy 

 

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