Decree No. 13.009 ratifying the Agreement on the Mutual Protection of Geographical Indications of Origin in the Territories of the Mercosur Member States, signed by the Federative Republic of Brazil on 5 December 2019.
Type of law
Agreement
Abstract
This Decree ratifies the Agreement on the Mutual Protection of Geographical Indications among the MERCOSUR Member States, signed by the Federative Republic of Brazil on 5 December 2019, with the main objective of establishing a legal framework for the reciprocal recognition and protection of geographical indications within the territories of the participating countries. The decree aims to ensure effective intellectual property protection for products and services whose quality, reputation, or characteristics are linked to their geographical origin, while promoting legal harmonization in line with international standards. It also seeks to prevent misuse, unfair competition, and consumer deception regarding the origin of goods, thereby strengthening trust in regional markets. In addition, the Agreement establishes procedures and institutional mechanisms for the recognition, registration, and protection of geographical indications, including technical evaluation, public consultation, and decision-making processes coordinated among Member States. It provides rules for the coexistence of homonymous indications, the relationship with trademarks, and the exclusion of generic terms from protection. Furthermore, it creates a committee responsible for supervising implementation, facilitating cooperation, and updating the list of protected indications, thereby enhancing regional integration, transparency, and coordination in the management and enforcement of geographical indication systems.
The agreement establishes a two-tiered system for protection: The Core Focus: For agricultural products, agrifood products, wines, and spirits, the agreement mandates mutual, automatic protection across all Mercosur member states once they are added to the official list. For any other types of products or services (such as handicrafts, industrial goods, or non-agricultural services), Article 3.2 explicitly steps back and says their protection is entirely dependent on the individual national laws and regulations of each country.
The agreement establishes a two-tiered system for protection: The Core Focus: For agricultural products, agrifood products, wines, and spirits, the agreement mandates mutual, automatic protection across all Mercosur member states once they are added to the official list. For any other types of products or services (such as handicrafts, industrial goods, or non-agricultural services), Article 3.2 explicitly steps back and says their protection is entirely dependent on the individual national laws and regulations of each country.
Attached files
Web site
Date of text
Entry into force notes
This Decree enters into force on the day of its publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Decreto nº 13.009 - Promulga o Acordo para a Proteção Mútua das Indicações Geográficas Originárias nos Territórios dos Estados Partes do Mercosul, firmado pela República Federativa do Brasil, em Bento Gonçalves, em 5 de dezembro de 2019.