Month: October 2023

The Geographical Indication (G.I) registration is a collective tool developed for the valorization of traditional products from a certain region, with the main function of adding value to the product and protecting the producing region. In Brazil, this subject was introduced on the occasion of the enactment of the Industrial Property Law No. 9,279/96.

 

In Brazil there are two types of Geographical Indication, the indication of origin (I.O) and the denomination of origin (D.O). In both modalities, protection will fall on the “geographical name”, constituted both by the official name and by the traditional or usual name of a determinable geographical area. The legislation in force does not establish a period of validity for Geographical Indications, so that the period for the use of the right is the same as the existence of the recognized product or service, within the peculiarities of the Indications of Origin and the Denominations of Origin.

 

In this sense, it is very important to highlight that the Brazilian PTO (BPTO) recognized the registration of a geographical indication of the Denomination of Origin species, for raw, processed, roasted and roasted and ground coffee beans from the Canastra region (MG).

 

 

The recognition in reference was published in the BPTO Official Gazette No. 2,750 and benefits producers from ten municipalities in Minas Gerais: Medeiros, Bambuí, Doresópolis, Pimenta, Piumhi, Capitão, São João Batista do Glória, Vargem Bonita, São Roque de Minas and Delfinópolis.

 

With this registration, the Brazilian PTO reaches 117 Geographical Indications, 83 of which are Indications of Origin (all national) and 34 Denominations of Origin (25 national and 9 foreign).

 

The G.I application in reference before the Brazilian PTO was performed by the association that represents coffee growers in the region in 2022, with support from Sebrae Minas. To support the application, in addition to the technical study, the D.O. Technical Specifications Booklet and local governance were also created, through the strengthening of the producers’ association and the formation of the D.O. Regulatory Council.

 

Furthermore, the coffee with D.O Canastra must be produced in accordance with the standards and practices for preserving the region’s natural water resources, respecting Legal Reserve and Permanent Preservation areas.

 

According to the president of the Deliberative Council of Sebrae Minas, Mr. Marcelo de Souza e Silva, achieving this nomination guarantees the quality and authenticity of the coffees produced in the 10 municipalities that make up the Canastra region.

 

In this sense, this fact not only values local culture and tradition, but also adds value to production, boosts the economic development of the territory and strengthens Canastra’s reputation, thus providing more competitive recognition for Café da Canastra in the market.

 

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Author: Bruno Arminio, Laila Araujo and Cesar Peduti Filho, Peduti Advogados.

Source: 

https://www.portalintelectual.com.br/inpi-reconhece-primeira-denominacao-de-origem-de-2023-cafe-da-canastra-mg/ 

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-reconhece-primeira-denominacao-de-origem-de-2023-cafe-da-canastra-mg 

https://diariodocomercio.com.br/agronegocio/cafe-da-canastra-conquista-indicacao-geografica-denominacao-de-origem-inpi/#gref 

 

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

Even with a certain delay compared to the rest of the world, the controversy surrounding the red soles of Louboutin shoes arrived in Brazil and the discussion is in full swing.

 

Position marks were regulated in Brazil only in September 2021, coming into force in October through the Brazilian Patent and Trade Mark Office (BPTO) Ordinance No. 37 of 09/13/2021. Since then, the position mark has been granted to Osklen, in relation to the three little holes located on the side of the shoe as a position mark. The same did not happen with Louboutin’s red soles.

 

The application for registration of Louboutin’s position mark, filed in 2009, was initially not suitable as such and designated products in class 25, namely clothing, footwear and headgear. Once readjusted, BPTO conducted its analysis of the brand in order to prove that from a formal point of view, the technical requirements were met, however, the distinctiveness requirement was not. For this reason, the application for registration of this position mark was rejected. In view of this decision, Louboutin filed an action to try to annul the BPTO’s decision with a request for an injunction to have the BPTO’s decision rejecting the application for position mark registration.

 

 

To support the injunction request presented by Louboutin, a series of documents and decisions were gathered that granted the trademark right to the sole of the shoe, coming from patent and trademark offices around the world such as EUIPO – European Union Intellectual Property Institute , as well as the judgments of the General Court and the Court of Justice of the European Union, as subsidies to highlight the protection to be conferred by trademark law as well as the risks in case of non-granting.

 

Because of this, the Judge of the 13th Federal Court of Rio de Janeiro granted the request for an injunction to suspend the BPTO’s decision and analyze the merits of the nullity action. The decision can be read in full here.

 

Peduti Advogados is attentive to developments in trademark protection in Brazil through position marks and is prepared to help its clients obtain this type of protection.

 

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Author: Alexandre Miura, Laila dos Reis and Cesar Peduti Filho, Peduti Advogados.

Source: Link

 

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”