Designations of Origin and Geographical Indications

What are they?

Origin Designations and Geographical Indications are geographical names, or names corresponding to a defined geographical area, which are not only intended to inform the consumer about the origin of a product, but also to guarantee such product combines certain characteristics or specific qualities resulting essentially, or exclusively, from such geographical environment.

Whereas the origin designation requires the product to have a strict connection with the respective origin region, being its specific qualities due to natural conditions related to the physical environment, the geographical indication doesn’t, being sufficient that the product’s reputation, qualities or characteristics can be attributed to such geographical origin, given that its production, transformation or elaboration occurred there.

Rights

These rights grant their holder the right to prevent (art. 312th of the Industrial Property Code):

  1. The use, by third parties, in designations or presentations of a product, of any means which indicate or suggest that such product is from a geographical region which does not correspond with its true origin place;
  2. The use which would constitute an unfair competition act;
  3. The use by those who are not authorized for such by the registry’s holder.

Application (National and International Registry)

Both National and International Registry requests are made through an application (art. 307th and 309th of the C.P.I.), written in Portuguese Language, in which all the natural and legal persons, public or private, with authority to acquire the registry, the name of the product, or products, including the designation of origin and, lastly, the traditional or regulated conditions of use related to the designation, or geographical indication, and the limits of the respective locality, region or territory.

The application for the international registry shall be presented at the Industrial Property National Institute (INPI), accordant with the dispositions of the Lisbon agreement.

Length

Origin Designations and Geographical Indications have an unlimited protection period.