Geographical Indications
➤ What is a geographical indication (GI)
➤ How is a geographical indication defined?
➤ What is the period of validity?
➤ How to file the application?
What is a geographical indication (GI)?
Throughout the years, certain cities or regions become well-known because of their goods or services. When quality and tradition meet in a physical space, the Geographical Indication becomes a key factor to ensure the distinctiveness of the good or service.
Geographical Indications refer to goods or services with a specific geographical origin. Their registration identifies reputation, qualities, and characteristics related to the location. As a result, they inform the world that certain region has specialized in and is capable of producing an article/providing a service which is considered to be distinct and excellent.
How is a geographical indication defined?
Geographical indications are divided into:
• Indication of provenance - geographic name of a country, city, region, or location in a territory known as a center of production, manufacturing, or extraction of a certain product or provision of a certain service. It is important to remember that, in case of indication of provenance, it is necessary to submit documents proving that the geographical name is known as a center of extraction, production, or manufacturing of the product or for the provision of the service.
• Designation of origin - geographic name of a country, city, region, or location in a territory that designates the product or service which qualities or characteristics are an exclusive or essential result of the geographic environment, including natural and human factors. In the GI application for designation of origin, the description of the qualities and characteristics of the good or service that stand out, exclusively or essentially, due to the geographical environment and to natural and human factors present there, must also be submitted.
What is the period of validity?
GI registers do not expire, so there is no limited period of validity.
To file a Geographical Indication application, the applicant should fill in the specific electronic form (corresponding to the model I of the Normative Instruction 95/2018) available on the e-Geographical Indication System, with the applicant details, type of the GI he applied for (indication of provenance or designation of origin), name and delimitation of the area and the product or service.
The following documents are also required:
• Proof of eligibility of the applicant;
• Copy of the acts of incorporation (for example, bylaws) of the applicant;
• Recorded minutes of the General Assembly that approved the bylaws; of the establishment of the current Executive Board; and of the General Assembly that approved the technical specifications document (the latter with a presence list indicating producers and service providers whose product or service will be distinguished by the GI);
• Copies of the identity card and document of enrollment in the Individual Taxpayer's Register of the legal representative of the applicant entity;
• Technical specifications document including:
- Description of the product or service;
- Geographical area delimitation;
- Description of the control structure about the manufacturers or service providers entitled to the exclusive use of the Geographical Indication and of their good or service;
- Conditions and prohibitions of use of the Geographical Indication.
• Proof of payment of the Brazilian Federal Revenue collection slip (GRU) for the service;
• Tag, when it is a graphic or figurative representation of the Geographical Indication;
• Proof that the manufacturers or service providers work in the area of the application and develop the economic activity that they seek to protect;
• Official instrument that delimits the geographical area.