THE PRESIDENT OF THE INPI, within the scope of his prerogatives, and

CONSIDERING the increasing importance of geographic names as indicators of preference in the international trade system; and

CONSIDERING the impending need, in order to promote the adequate placement of the Country within a globalized economy, to endeavor adequate protection and public knowledge of geographic names that have become known as producing centers of goods and services, in the Country and abroad,

DECIDES:

1. To establish rules of procedure for registration of geographic indications referred in the sole paragraph of Article 182 of Law No. 9279, of May 14, 1996 (hereinafter the IPL).

1.1 The registration shall be one of acknowledgement of the geographic indications, as understood in Articles 177 and 178 of the IPL.

I – FILING CONDITIONS

2. The application for acknowledgement of a geographic name as a geographic indication should be submitted by unions, associations, institutes or any other business entity representing a collective entity, bearing legitimate interest and being established in the respective territory, as a substitute in terms of process for the collective body which may be entitled to the use of such geographic name.

2.1 Should a foreign geographic name have already been recognized as a geographic indication in the country of origin thereof, the filing applicant shall be the holder of that right.

3. The application should be submitted in a proper form, including:

3.1 the name of the geographic area and the boundaries thereof;

3.2 prints, when in the case of representation of the geographic indication in the form of a design, and design search card;

3.3 description of the product or service;

3.4 elements evidencing that the geographic area has become known as a center of extraction, production or manufacture of the product or as a center of provision of the service; and

3.5 elements evidencing that the producers or service providers (substituted by the filing applicant, as per Item 2 of this Normative Act) are established in the geographic area being the object of the application and effectively perform the activities of production and provide the services.

4. In the case of acknowledgement of a geographic name as an indication of origin, the application should additionally include:

6. In the case of a foreign name already acknowledged in the country of origin, the filing applicant shall be exempt from compliance with the requisites of Items 3 and 4 above, regarding the data that is borne by the document of grant or declaration of the right, which should be submitted in the form of an official copy together with a free translation thereof.

10. Upon instruction of the process, the same shall be examined as to the merit thereof.

10.1 In case of filing in the terms of Items 2.1 and 6, the examination for merit shall be waived.

10.2 Should there occur no conviction or in the case where doubts still persist, there may be formulated official requirements requesting additional information, as well as that, in the case of designations of origin, there may be appointed an expert for clearance of the technical questions.

11. Upon conclusion of the examination for merit, there shall be prepared a conclusive opinion, forwarding the process to be decided by the President of the INPI.

11.1 The decision rejecting the application may be the object of a request for reconsideration within 60 (sixty) days.

11.2 The allowance decision and that issued regarding the request for reconsideration shall terminate the administrative stage of the proceedings.

III – FINAL PROVISIONS

12. All the terms provided in the present Normative Act shall be counted from the date of publication of the actions in the Official Industrial Property Gazette.

AMÉRICO PUPPIN