Registration of Indication of Source Granted for “Vale Dos Sinos”

Another indication of source was granted by the Brazilian Patent and Trademark Office (BPTO), as published in the Industrial Property Magazine of 05.19.2009. "Vale dos Sinos," for the designation of "finished leather," is the first Brazilian indication of source for a non-agricultural product.

To date, the Brazilian Patent and Trademark Office has granted these other Brazilian geographical indications: "Vale dos Vinhedos", for "red, white and sparkling wine"; "Região 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."

Due to the collective nature of geographical indications, the registration of "Vale dos Sinos" was granted in favor of the Tanning Industry Association of Rio Grande do Sul, that is to say, to an entity representing the producers.

In Brazil, two distinct concepts were adopted regarding geographical indications: indications of source and appellations of origin.

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

Products with indication of source do not have characteristics determined by natural factors, such as climate and land. The proven influence of natural and human factors is a requirement for appellations of origin. Regarding this, Industrial Property Law (Law No. 9,279/96) establishes that influence exerted by natural and human factors is essential in determining appellation of origin. In brief, products having appellation of origin must not only have a certain origin, they must also have unique characteristics, necessarily deriving from a combination of natural and human factors that exist only in a certain region or location.

The granting of another indication of source gives reason to celebrate, because only in recent decades – meaning quite recently – have producers and other agents 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. Its requirements are less complex when compared to those for recognition of appellation of origin.

Even though the most important international treaties on the matter do not contemplate indications of source, they should be considered a valuable tool as our producers mature in relation to the issue. It is hoped that in the future successful experience with indications of source will provide conditions for seeking protection for appellations of origin. Because of their characteristics and prerequisites, they are linked to assets of considerable earned value and better conditions for placement in both domestic and international markets.