Geographical Indication Registration
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Geographical Indication (GI) — a way of identifying the origin of a product or service in its industrial property registration — is experiencing strong growth here in Brazil. The INPI (National Institute of Industrial Property), from January to August 2020, received 10 applications for registration of new GIs, that is, almost the total for 2019, as there were 11 applications throughout the year.
But you must be wondering: what is this registration? Why is it important? How do I make the request? Just keep reading and we will answer all these questions!
What is a Geographical Indication?
Over the years, some regions or cities end up gaining fame due to their services or products. When tradition and quality meet in a physical space, the geographical indication arises. It becomes a truly decisive factor in ensuring the differentiation of the service or product.
Therefore, we can say that geographical indications refer to services or products that have a specific geographical origin. The GI registration recognizes the quality, reputation and, of course, the characteristics that are linked to the place. As a result, they are able to communicate to the entire world that a certain region or city has specialized and acquired the ability to provide a differentiated and extremely high-quality product or service.
Geographical indication is, therefore, a great business opportunity, after all, it is a way of adding value to products or services from certain locations, based on the organization of suppliers involved in the production chain. In addition, it is useful for bringing traditional products to the market, which end up bringing together the knowledge acquired over the years.
What is Geographical Indication Registration?
The Geographical Indication Registration is granted to services or products that are characteristic of their place of origin. It is a way of attributing a unique identity and reputation, in addition to, of course, valuing the product or service in relation to similar products on the market, thus promoting regional development and expanding sales.
INPI is the institution that grants the registration and issues the certificate. The Ministry of Agriculture, in turn, acts as a promoter, standardizer and coordinator of all GI work, working with several partners.
To prevent the improper use of a GI for a given service or product, registration is created to guarantee the protection of the geographical name and, in this way, achieve differentiation of the item in the market.
All this because the Geographical Indication Registration allows the area to be delimited, restricting the use of the GI to service providers and producers in the region. Thus, it ends up preventing third parties from using the name of the region in services or products in an inappropriate way.
Some good examples that we can mention of products with GI here in the country are:
- Yerba mate from São Matheus do Sul: due to its great importance, it even financed the independence of Paraná from the State of São Paulo;
- Cocoa from the South of Bahia and its revolution made of chocolate;
- Cachaça, an authentically national drink. It was born almost at the same time as the country was baptized;
- Goiabeiras for crafts;
- Linhares for cocoa;
- Franca for footwear;
- Cerrado Mineiro for coffee;
- Canastra for cheese;
- Divina Pastora for lace;
- Salinas for brandy.
In short, this mechanism for recognizing the notoriety of a population or region in producing specific products and services is a way of protecting intellectual property. And the good news is that Brazil is now beginning to explore this field more, which has already been explored by Europeans for many centuries.
What are the categories?
Law No. 9,279 (known as the Industrial Property Law) of May 14, 1996, at the national level, defined IG as IP (Indication of Origin) and DO (Denomination of Origin). Therefore, there are two types of IG in the country.
The Indication of Origin shows the origin of the product or service, based on the reputation of the place, normally known for manufacturing the item, or for providing the service, based on the tradition and history of the place. Therefore, it is the public recognition that a given product or service from a given region has a differentiated quality.
The Denomination of Origin, in turn, is granted when the qualities of the service or product are essentially or exclusively influenced by the characteristics of that region, whether human or natural factors. Thus, environmental factors, such as altitude and climate, and the peculiarities of the location, end up influencing the quality of the product, the final result, in a measurable and identifiable way.
It is worth noting that, unlike what happens in Europe, where Geographical Indications and Designations of Origin are only for food and agricultural products, here in Brazil stones, handicrafts and minerals are also included. The country therefore opens up a large field for IT (Information Technology) companies.
What about pioneering in Brazil?
Well, the first Brazilian GI was attributed in 2002 to Vale dos Vinhedos. After ten years, it also obtained the additional DO (Denomination of Origin) registration. This is, without a doubt, the most successful example in Brazil. The movement in the region began with the aim of recovering wine production that was in decline.
Then, with the help of Embrapa Grape and Wine research on the added value of European wines, the producers were able to obtain IP (Indication of Origin) registration. The IP application was so complete that it already had all the necessary factors to obtain the DO, however, the producers decided to take the initial step as a test.
Thus, the first DO in Brazil was only granted in 2010 and was for rice produced on the northern coast of Rio Grande do Sul. The region seems to have been made for rice cultivation, since it has water and a stable climate, and is very close to Lagoa dos Patos. In this region, which is quite marshy, the climate is completely favorable for rice farming, all thanks to the constant temperature throughout the year and the low rainfall index.
Why register a Geographical Indication?
Obtaining a Geographical Indication Registration ensures that producers have the right to use the seal and, therefore, prevent third parties from using it. Obviously, they end up protecting the reputation that the place has gained through the production of an item or provision of a service.
The geographical name registered with the National Institute of Industrial Property becomes the element that differentiates the service or product. It can be either the official name or the customary or traditional name that designates the geographical area where the GI activity is carried out, as long as it is duly proven in the application for protection with the INPI.
It is important to mention that consumers increasingly want to consume origin, know who the people behind the product labels are, support sustainable cultivation and understand how a product reaches them. These are questions that geographical indications can answer perfectly.
How to request Geographical Indication Registration?
Well, it is important to understand that the registration request requires some important points regarding the products and service providers of a location or region. See below the main steps of this process!
Step 1: Consult the Geographical Indication Registry
The first step is to make a complete search on the Designations of Origin or Indications of Provenance that have already been granted by the National Institute of Industrial Property. By doing this, it is possible to analyze whether your request can be made.
Step 2: Send the documents
The second step is to organize service providers and producers into an entity. Next, it is necessary to gather all historical evidence of the region in the case of IP (Indication of Origin). For DO (Denomination of Origin), it is necessary to prove all factors that add characteristics to the service or product, such as soil and climate. In addition, the control structure and regulations are necessary to forward to the INPI.
Step 3: Pay the Geographical Indication Registration Fees
It is important to remember that fees may vary according to each type of request. In addition, entities and groups have discounts that must be analyzed with the INPI. It is also necessary to issue the GRU (Union Collection Guide), required for registration.
Step 4: Issue the protocol and process number
To start the process, it will be necessary to file the GI registration request. The applicant can then follow up on the process through the RPI (Industrial Property Magazine).
Step 5: Follow the procedural process
After the application is submitted, it goes through certain verification stages, such as formal examination and publication for third-party comment. Therefore, the granting period may vary, if there are new requirements from the responsible body.
Step 6: Final opinion of the process examiner
The certificate will be issued with the final opinion of the INPI. If it is negative, it is possible to appeal within 60 days.
Personalized consultancy for registering a Geographical Indication
As you can see, there are many steps and a lot of bureaucracy involved in applying for a Geographical Indication Registration. Everything needs to be done correctly to avoid errors and, therefore, have the application accepted by the INPI.
In view of this, it is important to count on VILAGE, which specializes in all these stages and has extensive experience in managing the process of obtaining IG Registration. Our professionals are qualified to provide advice at each stage, providing you with appropriate guidance to achieve positive results more quickly.
It is important to highlight that VILAGE’s focus is to guarantee personalized service to its customers, always considering the needs of each one and charging a very fair and affordable price. Remember that all services are certified by BSI Brazil in the requirements of the Quality Management System operation according to ISO 9001.
Examples of priority examinations include Green Patent applications, which, due to their success, have become a definitive program. In addition to Green Technologies, priority is given to: Age, Serious Diseases, Unfair Competition, PPH (Patent Prosecution Highway) with several countries, Startups, Health Products, Micro and Small Businesses, ICTs, among others. Learn about them all and find out more here.
Frequently Asked Questions
Registration adds value to the service or product, allowing it to establish a major competitive advantage over the competition;
It enables the tourism and cultural promotion of the region and the productive organization;
It favors the appreciation and development of the region;
It recognizes and protects, for an indefinite period, the exclusive use of the name in the delimited area.
Registration can be requested by entities representing service providers or producers established in the region, who are fully entitled to exclusive use of the geographical name. In the case of a single service provider or producer authorized to exclusively use the name to be protected, he will be able to make the request himself.
There is no validity period for GIs. Therefore, the period for exercising the right is the same as the existence of the recognized service or product. This is exactly why there is a growing interest in registering it, after all, the GI preserves a clear attribute of value and does not yet have an expiration date.
The cost is subject to change, so it is not possible to determine a fixed amount. It changes according to the GI category and also considering the needs throughout the registration process.
