Analysis of the Geographical Indication application

Published in Apr 09, 2015 04:05 PM Updated in Oct 29, 2020 05:06 PM

The Geographical Indication application starts with the Electronic Petitioning.

Once it has been filed, the Geographical Indication application shall be submitted to the preliminary examination to verify whether the documents submitted are suitable for the type of applicant and the type of registration applied for, IP or DO.

During preliminary examination, amendments may be required to rectify the application, which shall be responded to within sixty (60) days after publication, under penalty of definitive dismissal of the application.

In case there is any obstacle to the progress of the examination, the application may be suspended.

Once the application has been rectified, the preliminary examination shall be considered completed.

Later, the application shall be published for third parties to respond to, and they shall have sixty (60) days to do so.

Once the established term has elapsed, if there is a third-party response, it shall be published for the applicant to respond to it, within sixty (60) days, if interested.

Once the preceding terms have elapsed, the substantive examination of the application shall be carried out, where the responses of the third parties and of the applicant shall be analyzed, if there were any.

Amendments may also be required for clarification of issues related to the substantive examination, which shall be responded to within sixty (60) days, under penalty of definitive dismissal of the application.

In case there is any obstacle to the progress of the examination, the application may be suspended.

Once the substantive examination has been carried out, a decision of grant or refusal of the application shall be published in the INPI’s Gazette.

If the registration has been granted, the respective certificate shall be issued simultaneously.

The application shall be refused whenever there is no compliance with the prohibitions and requirements provided for in Law No. 9,279/1996, in Normative Instruction No. 95/2018, and in the regulatory acts related to Geographical Indications issued by INPI.

The appeals filed with respect to the grant or refusal of the application shall be examined under articles 212 to 215 of Law No. 9,279/1996.

Decisions determining definitive dismissal of the application are not appealable.

After twenty-four (24) months of the date of registration, amendments to the Geographical Indication registration may be requested, provided that the characteristic elements that supported its grant are not altered, under penalty of refusal of the amendment request.