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PATENTS
TRADEMARKS
COPYRIGHT
TRAINING
INDUSTRIAL DESIGN
GEOGRAPHICAL INDICATION
COMPUTER PROGRAMS
TECHNOLOGY TRANSFERGEOGRAPHICAL INDICATION
Protection used to identify the source or origin of a determinate product or service, whose characteristic is specific to a geographical region.
Legislation
- LPI (Art. 176 a Art. 182)
- Resolução INPI 075/2000
Principal services offered
- Application for the registration of the geographical indication
- Monitoring of the process
- Legal support
Required information - Geographical Indication
For the registration application
- details of the applicant
- type of intended geographical indication
- name of the geographical area and its delimitation
- product or service produced in the delimited area
Documentation for the registration application
- evidence of the legitimacy of the applicant
- CPF(social insurance number) and identity details of the legal representative of the applicant
- the articles of incorporation of the applicant and the most recent amendments
- regulations for the use of the name
- official document that delimits the geographical area
- description of the product or service
- characteristics of the product or service
- type (if required)
- power of attorney* (download model)
- evidence of the effective exercise of economic activity in the area
- evidence of the existence of a control structure over the producers, service providers, products, and the services provided
- evidence that the location is well-known (indication of validity)
- description of the quality and the characteristics of the product or service (origin)
- description of the process or method of obtaining the product or service (origin)
* can be presented after the filing, within the time limit established by law
Geographical Indication application procedure
The use of geographical indication is restricted to producers and the service providers established in the area. The application for geographical indication is made to the Brazilian Patent and Trademark Office (PTO) in the name of the representative body of the association.
For denominations of origin, evidence of the quality of the products and services is also required.
The application must include the type of the intended geographical indication, if it is an indication of validity or a description of the origin.
It is necessary for the region to be carefully and officially delimited. The products, services, processes, and methods of obtaining the products and services, need to be precisely described and characterized. All claims need to documented and evidenced.
When the geographical indication application is filed, it will be examined by the PTO, and may be subject to further requirements. These must be complied with within 60 (sixty) days.
When the requirements have been complied with, and the application is in order, it will be published to allow third parties to respond to it within 60 (sixty) days.
When the application is granted, the assignee must provide evidence of the payment of the fee for the issue of the certificate within 60 (sixty) days, counting from the publication. The notice of the Issue of the Certificate will be made officially by the PTO.
If the application is Rejected, a Request of Reconsideration can be lodged against the rejection. The non-acceptance of this application will terminate the administrative stage.
The registration of the Geographical Indication remains in force as long as the product is being effectively manufactured or the service is being offered.
