The first time the Brazilian Patent and Trademark Office (BPTO) recognized a Brazilian geographical indication was November 19, 2002, for the indication of source VALE DOS VINHEDOS, in favor of APROVALE – Associação dos Produtores de Vinhos Finos do VALE DOS VINHEDOS, for the designation of "red, white and sparkling wines." It was only ten years after this first recognition that the BPTO granted registration of the first Brazilian appellation of origin – LITORAL NORTE GAÚCHO (for rice), – as seen in the following logo:
Thus our country certainly has much to celebrate with regards to its progress on this matter.
This granting of appellation of origin was published in the Industrial Property Journal of 24 August, 2010, under number IG200801, in favor of the Associação dos Produtores de Arroz do Litoral Norte Gaúcho. The reasons for celebration are even clearer when we consider that our Industrial Property Law requires that to qualify for appellation of origin, "the product’s qualities or characteristics depend exclusively or essentially on the geographical environment." Thus, approval is contingent upon strict criteria that depend on scientific proof linking the product and its geographical environment, which results in the product’s unique characteristics.
In contrast to indication of source, which requires a proven reputation linking a given product or service to a certain country, city, region or location, for appellation of origin it must be shown that a product’s unique characteristics are the verifiable consequence of a specific geographical environment. This is a critical aspect for recognizing appellations of origin.
In the specific case of the denomination LITORAL NORTE GAÚCHO, its superior quality is demonstrated by its high yield of whole grains, translucency and luster. These characteristics primarily result from the stability of average temperatures, which are due to the air’s relative humidity and the region’s large water masses, including the Lagoa dos Patos and the Atlantic Ocean. Another factor that defines the characteristics and adds value to rice from the "Litoral Norte Gaúcho," involves the region’s prevailing wind regime. These winds dissipate heat, which is especially important for rice grain formation and leads to the high yield of whole grains, as noted above. Therefore, stable average temperatures and the region’s specific wind regime combine to create geographical conditions ideal for growing rice with unique characteristics, increasing the product’s market value.
This is precisely the role of geographical indications, including indications of source (association established by means of a proven reputation) and appellations of origin (unique characteristics essentially resulting from the geographical environment): to demonstrate that a given product has distinct characteristics compared to others in the same category. Particularly in the case of appellations of origin, the earned value is even more pronounced, providing the producers an effective gain in terms of productivity and competitiveness.
Note that when we addressed this subject in our Newsletter No. 25 (June/August 2009), we considered specifically the indication of source VALE DOS SINOS in relation to "finished leather." On 13 July, 2010, the BPTO recognized the indication of source PINTO BANDEIRA for "red, white and sparkling wines," on behalf of the Associação de Produtores de Vinho de Pinto Bandeira – ASPROVINHO – in the form shown below:
To date, the BPTO has recognized eight geographical indications in favor of Brazilian producers. Curiously, five of these were obtained by producers from Rio Grande do Sul, a state that has set an excellent example of how combined producers’ efforts form the most effective means for establishing a distinctive product on the market.
This article could not leave out at least some mention of the geographical indications CACHAÇA, BRASIL and CACHAÇA DO BRASIL, noting that their approval was based on Decree No. 4,062, dated 21 December, 2001. It must be clarified that the denomination "cachaça," since it is not a geographical name, could not be recognized by the BPTO, because both the Industrial Property Law and Resolution No. 75/2000 (which sets forth the conditions for registering geographical indications with the BPTO) only register geographical indications based on the geographical name of a country, city, region or location. Decree No. 4,062/2001 was, therefore, the solution for granting appropriate protection to the Brazilian geographical indication that is most widely known internationally, "cachaça." Still pending are the Regulations for Use with regards to the geographical indications CACHAÇA, BRASIL and CACHAÇA DO BRASIL, as set forth in Article 4 of Decree No. 4,062.
