The Trajectory of Use of Distintive Signs Related to Origin
A Case Study of IG Mantiqueira de Minas
DOI:
https://doi.org/10.22456/2317-8558.118911Keywords:
Café, Propriedade intelectual, INPI, Propriedade Industrial, indicação geográfica, marca coletiva, marca de certificaçãoAbstract
It is a great challenge to choose a distinctive sign related to origin that better represents a collectivity and the best way to guarantee its protection. This stands out in the segment of quality coffees, in which the origin is increasingly valued by the most demanding consumer markets. In view of this, it is questioned what are the possible paths of intellectual protection that a distinctive sign can follow considering the instruments available in Law n. 9,279/1996. In view of this, the objective is to analyze the trajectory of use of distinctive signs of origin, through a case study applied to the GI Mantiqueira de Minas. The specific objectives are to describe the form of protection of distinctive signs in Brazil, to analyze the types of distinctive signs required by “APROCAM” throughout this trajectory; verify the possibilities of altering the registration of a Geographical Indication in Brazil, comparing it with European legislation. The methodology used was descriptive and exploratory, combined with a case study. As a result, it appears that "APROCAM" in its trajectory requested all types of registration of distinctive signs with the INPI: product and service traemark, collective mark, certification mark, indication of provenance and denomination of origin. It was found that this is the first Brazilian case of change in the registration of a species with a geographical indication. The geographical name, the delimited area and the technical specification book were also changed, demonstrating the importance of the possibility of altering the registration of a GI, which was not regulated before 2018.
KEYWORDS: Coffee. Intellectual property. INPI, Appellation of origin.
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