The Geographical Indication is an industrial property intended to prevent the false indication of a product or service origin, and is divided into Indications of Source and Appellations of Origin. The Indication of Source is given to products originating in a region that have become known for their quality due to a specific form of extraction, production or manufacture. The Appellation of Origin comes from specific natural conditions, i.e. climate and geography, or human conditions, involved in its production. The same criteria can be applied for services.
The registration of the Geographical Indication before the BPTO aims to prevent third parties from using the name of the region in products or services, guaranteeing the right of exclusive use to the producers or service providers of the concerned region. In general, the registration request is made by the representative entity of the community.
In countries such as France, Portugal and Italy, the most common Geographical Indications are related to wine and food production, which has been internationally recognized for a long time. Among many others, Vale dos Vinhedos, for wines and sparkling wines, and Vale dos Sinos, for leather finished products, standout in Brazil.
Tavares has trained professionals in the analysis and elaboration of the application for recognition of Geographical Indication before the BPTO.
Our work in this field includes:
- Consultancy in the delimitation of regulations of use, usability of graphic representations, establishment of social statutes and elaboration of recognition documentation for registration before the BPTO and international organizations such as the European Commission;
- Analysis and preparation of applications for recognition of a Geographical Indication;
- Follow up to the administrative process and monitoring of applications and third party registers;
- Advice on the protection of Geographical Indications in judicial or out-of-court disputes.