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 and the denomination of origin. 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 recognized the registration of a geographical indication of honey from the mastic tree in the North of Minas Gerais. Now, the region is now identified as a Denomination of Origin for the product, which, in practice, represents the geographical indication of the particular environmental and geographical conditions of soil and climate for the production of honey with its own characteristics. This was the first recognition approved by the Brazilian PTO in 2022, published in the Official Gazette No. 2665.
As described, the denomination of origin establishes an area of 64 municipalities with different soil and climate conditions, as well as vegetation and insect producers. The presence of aroeira-do-sertão stands out and its interspecific relationships, in addition to the technique used by regional beekeepers. The Brazilian PTO decision is seen as a decisive milestone in the scientific chain of honey in the North of Minas Gerais, reaching one of the most representative indicators for the production of excellence and certification for the international market.
In view of the above scenario, what would be the advantage of a Denomination of origin in Brazil?
For a given product to obtain recognition as a Denomination of Origin, it must take into account the unique characteristics of the location, including the natural and human factors that make it different. In this way, the protagonism belongs to the producer, as he has the intellectual property of the way of doing it. Thus, the registration of Geographical Indication of Agricultural products, in fact, can bring recognition by the market and by consumers.
In this way, producers who follow the rules of the geographical indication from North of Minas Gerais can choose to also use the Brazilian Seal of the Denomination of Origin on the label of their products, together with the name of the G.I. and consequently, from this measure, it is expected that the valorization and even the international promotion of products, adding value and generating income, in addition to other benefits for the specific region, which ends up becoming a highlight and a market reference.
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Author: Bruno Arminio, Associate Lawyer at Peduti Advogados.
Source: Manual de Marcas; INPI reconhece o registro de indicação geográfica do mel de aroeira do Norte de Minas; Mel de Aroeira do Norte de Minas recebe selo de Indicação Geográfica
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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.”