Geographical indications and antitrust violations

Abstract

Currently, Geographical Indications are a subject of constant and increasing debate in Brazil. The country has enormous potential for using the mechanism, which can be an important element specially for local development. However, it is noted that there are still many issues that deserve further discussion, specially regarding the impacts that other rules may have on the use of GIs and vice versa. In this sense, it is important to highlight the link with the Competition Law, specially aiming to warn of certain situations involving Geographical Indications and which may be the subject of questions from a competitive point of view.  To achieve that goal, we sought precedents in the European Union that can point out situations that may also occur in Brazil and which constitute infringements of competition law.

Keywords: Geographical Indication. Competition Law. Economic Law. Intellectual Property.