News | Brazilian Senate approves project for Geographical Indications agreement between Mercosur countries

On October 4, 2023, the Brazilian Senate approved Legislative Decree Project No. 165/2022, which ratifies the Mercosur agreement on the protection of Geographical Indications (GIs). Due to the prior approval in the Chamber of Deputies, this matter will be enacted.

The Brazilian Patent and Trademark Office (BRPTO) confirmed that such a step will contribute to the strengthening of the Bloc’s GIs.

Among other points, the agreement establishes the following:

• Mercosur Member States undertake to mutually respect the GIs of each country as set out in a resolution approved by the Common Market Group (GMC);
• The coexistence of two or more GIs on the same product or service is possible. In these cases, such GIs are not eligible for registration as trademarks for similar products or services in member countries, unless the trademark application is prior to the resolution of the GMC;
• The coexistence of GIs similar to those of countries outside the Bloc is possible;
• Trademarks bearing GIs whose use constitutes an act of unfair competition or misleading consumers will not be registered.

For additional information, do not hesitate to contact us at international@simoes-ip.com