GEOGRAPHICAL INDICATION: A STUDY ON ITS LEGAL ASPECTS IN BRAZIL

Resumo

Some products or services are recognized by their origin, having qualities and reputation related to the place of origin, to these, the Intellectual Property (IP) allows the protection in the form of Geographical Indication (GI). Several international treaties protect geographical indications, in particular the Paris Convention and the Treaty of Lisbon. In Brazil, GIs are protected by the Industrial Property Law, Law No. 9.279 / 96, which protects these products and services, by means of repression against false geographical indications, and gives the INPI the autonomy to elaborate normative instructions (IN) that regulate the processes of recognition and protection by GI. The methodology of this research consists of a bibliographic study about the aspects related to the protection of a GI. The purpose of this paper was to discuss the aspects of protection of a GI in Law 9.279 / 96 and the main normative instructions of INPI related to the processes of recognition and protection of GI, to serve as a tool for clarifying legal issues about of IG in Brazil and allowing access to information regarding the contribution of the science of Intellectual Property to the development of regional products or services. The recognition of a GI does not register, but its declaration favors the holders in the legal proofs regarding the use of the geographical name and distinctive sign, proving the effectiveness of Law No. 9.279 / 96 and of the IN that in a broader, practical and facilitated way, allow the development of registration and GI protection processes.