Registrations of Indication of Source Granted for “Vale dos Sinos” and “Vale do Submédio São Francisco”

Two more indications of source were recently granted by the Brazilian National Institute of Industrial Property (INPI). As published in the Industrial Property Magazine of May 19, 2009, the indication "Vale dos Sinos" was granted for finished leather; it is the first Brazilian indication of source granted for a non-agricultural product. Shortly thereafter, on July 7, 2009, the Industrial Property Magazine published the grant of the indication "Vale do Submédio São Francisco," for table grapes and mangoes.

Owing to the collective nature of geographical indications, the registration for "Vale dos Sinos" was granted to the Tanning Industry Association of the State of Rio Grande do Sul, and the registration for "Vale do Submédio São Francisco" to the Counsel of the Union of Associations and Cooperatives of Producers of Table Grapes and Mangoes of Vale do Submédio São Francisco, both entities representing the regional producers.

To date, the INPI has granted the following additional Brazilian geographical indications: "Vale dos Vinhedos," for red, white and sparkling wine; "Regiao do Cerrado Mineiro," for coffee; "Pampa Gaúcho da Campanha Meridional," for beef and its derivatives; and "Paraty," for spirits, like cachaça and bluish compound spirits.

The Brazilian Industrial Property Law (Law No. 9,279/96) establishes two distinct concepts regarding geographical indications: indications of source and appellations of origin.

In addition to being from a defined region, products with an indication of source designation must also meet a number of specifications and requirements set forth in both use and control regulations. These requirements aim to uphold the indication’s very essence, which is reproducability: ensuring continuation of the qualities that make a product recognized and appreciated, and perpetuating the success of the entire production chain.

Products with an indication of source do not have characteristics determined by natural factors, such as climate and land. On the other hand, the proven influence of natural and human factors is a requirement for appellations of origin. The Brazilian IP Law establishes that influence exerted by natural and human factors is essential in determining appellation of origin. In brief, products having an appellation of origin must have not only a certain origin but also unique characteristics, necessarily deriving from a combination of natural and human factors that exist only in a certain region or location.

Only quite recently have producers and other agents in Brazil recognized the importance of adequate protection of Brazilian geographical indications. Now that this awareness has grown, the concept of indication of source has become more firmly established, as its requirements are less complex when compared to those for recognition of appellation of origin.