The IG in Argentina and Brazil

a discussion on the promises of quality

Abstract

In this article we analyze the process of implementation of geographical indications in Argentina and Brazil, both countries of Mercosur, signatories of the Protocol of Harmonization of Intellectual Property Standards. The purpose of this document is to identify the possible causes of the difficulties encountered in these countries and the process of implementing IG. The analysis is based on the postulate of three hypotheses, considering that the causes of the difficulties and the little impact that the same effects generate: a) the lack of awareness of the IG and the quality that is communicated by the population in general and consumers in particular; b) the divergences in the normative and the diversity in the interpretation of the qualities reported by these Sellers; c) the diversity of interpretations on the technical bases needed to demonstrate the presence of a specific quality linked to the territory in the request process of recognition. The methodology of work is based on a fundamental bibliographical research concerning the concept of specific quality linked to the territory and on the perception of consumers about what they are the IG. To understand the main national normative differences, a comparison was made between the countries. The first conclusions lead us to consider the knowledge that consumers of GI have as a limiting factor. Concerning the technical bases that support the IG, one can observe a certain lack of stability in the interpretations of what is meant by specific quality and how to analyze and reconnect its link with the territory.

Keywords: Argentina and Brazil. Geographical Indications. Quality. Legislation.