06 de janeiro de 2025
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EU-Mercosur agreement has specific IP chapter
On December 6, 2024, the European Union (EU) and the founding members of Mercosur (Brazil, Argentina, Paraguay and Uruguay) announced the conclusion of a partnership agreement aimed at strengthening economic and political relations between the two regions. Entry into force will depend on the agreement being signed and ratified by the EU and Mercosur parties. One chapter of the agreement deals specifically with Intellectual Property (IP), promoting measures to encourage innovation, research and development, as well as trade and investment between the parties.
In general, the agreement provides for the creation of various mechanisms for political and economic cooperation between the two blocs: it proposes the removal of trade barriers, facilitates investments between the two regions, as well as establishing trade rules between the blocs. In the field of IP, the aim is to achieve an adequate and effective level of protection and enforcement of IP rights that offers incentives and rewards for innovation and, at the same time, contributes to a more sustainable, equitable and inclusive economy for the parties to the agreement.
With regard to patents, the signatory countries undertake to make efforts to adhere to the Patent Cooperation Treaty (PCT), a multilateral treaty that makes it possible to apply for patent protection for an invention simultaneously in several countries. In addition, in the field of trademarks, the agreement provides for greater protection for well-known trademarks in the EU and Mercosur, while also encouraging member countries to adhere to the Madrid Protocol (on the International Registration of Marks) and to comply with the Nice Agreement.
The document also aims to improve protection for industrial designs, including those for products and packaging, and states that the parties should make their best efforts to adhere to the Hague Agreement. The document establishes that each party can impose legal means to prevent the use of unregistered designs, as well as providing for the possibility of cumulative protection by industrial design and copyright. Cultivars must be protected in accordance with the provisions of UPOV (International Union for the Protection of New Varieties of Plants), based on the 1978 or 1991 revisions of the treaty.
Related to trade secrets, the agreement proposes improvements in the protection of confidential information, such as formulas, processes and customer lists. Enforcement against counterfeiting and piracy will be strengthened through cooperation between customs authorities, with provision for civil and criminal remedies to discourage infringements and compensate holders of violated rights.
The section dealing with copyright, among other provisions, reaffirms the rights and obligations of each party under the following international agreements, noting that these agreements are not binding on those who are not parties to them: the Berne Convention; the Rome Convention; the Marrakech Treaty; the 1996 WIPO Copyright Treaty; the 1996 WIPO Performances and Phonograms Treaty; and the Beijing Audiovisual Performances Treaty.
Finally, Geographical Indications (GIs) feature prominently in the agreement, which provides for the immediate protection of a number of EU and Mercosur GIs. The document includes a detailed annex with specific GIs to be protected, protection territories, transition periods and exceptions. The agreement prohibits the use of misleading elements, such as graphics, names, pictures or flags that could mislead the consumer. It was agreed that prior user rights will be respected, and no party will be obliged to grant protection to GIs that could confuse the consumer due to the prior existence of famous or notoriously well-known brands in the local market.
Information on the agreement can be accessed via the links:
Q&A EU-Mercosur partnership agreement
Note: For quick release, this English version is provided by automated translation without human review.
