Appellations of Origin and Geographical Indications

– Decree No. 47/2015 of December 31, 2015, in force since March 31, 2016.

Filing

Definition: geographical indication is a name of a region, given place or, in exceptional cases, of a country which serves to designate or identify a product originating from that region, that given place or country, and whose reputation, given quality or other characteristics may be attributed to its geographical origin, and the production and/or processing and/or preparation of which takes places in the defined geographical area. Appellation of origin: is the name of a region, a given place or, in exceptional cases, of a country which serves to designate or identify a product which originates from that region, given place or country, and whose qualities or characteristics are due, essentially or exclusively, to a specific geographical factor, including natural and human factors, and whose production, processing and preparation occurs in that delimited geographical area.

Filing requirements for an application (to be sent to resident agent):
1. An application in Portuguese language;
2. Book of specifications (document that contains elements and technical characteristics of the product for which registration is sought);
3. Single document (a summary of the book of specifications);
4. Power of attorney, notarized.

Examination, Protection

Examination: the registration application is examined to check whether it fulfills the requirements and specifications.

Publication: immediately after the filing if all the requirements are met. The application is published accompanied by the single document. 

Opposition: possible within thirty days from the publication, which can be extended for a further period of thirty days. The lack of response by the applicant to the opposition is deemed as a withdrawal of the application.

Duration: unlimited.

Territorial scope: the rights conferred by a denomination of origin or a geographical indication registered cover the entire national territory.

GENERAL PRINCIPLE

(1) Once registered, the appellation of origin and the geographical indication become the common property of those residing or established within the relevant geographical area and may be used by every one who exercises any part of that characteristic production.

(2) The right referred to in the preceding number may be exercised irrespectively of the importance of the exploitation or the nature of the products and is applied to any characteristic product originating from the geographical area under consideration.

Rights conferred by the registration: (1) once the registration is made, the holders of the right to the appellation of origin and geographical indication, are entitled to the exclusive use thereof and may lawfully hinder the use by third parties who intend to distort or mislead the public on the true geographical origin of the product and in general any use which substantiates an unfair competition act; (2) the power referred in the preceding number prevails in relation to the situations in which the mention of the true origin of the goods is accompanied by corrections, expressions, graphical combinations or any other form of presentation capable of misleading consumers.