GEOGRAPHICAL INDICATIONS AND APPELLATIONS OF ORIGIN
Geographical indications and appellations of origin, used in trade to indicate the geographical origin of products, are protected by the law on industrial property and by the subordinate acts issued for its implementation.
"Appellation of origin" refers to the name that identifies a product:
- that originates from a specific country, region, or, in special cases, a state.
- whose qualities or characteristics result, exclusively or essentially, from a specific geographical environment, which includes both natural and human factors, inherited from this environment.
- the steps for its production are carried out in the defined geographical area.
"Geographical indication" refers to the name that identifies a product:
- that originates from a specific country, region, or state.
- whose qualities, reputation, or other characteristics are essentially attributed to its geographical origin.
- at least one of the production steps of which takes place in the defined geographical area.
In the case of applications related to alcoholic beverages, a geographical indication of an alcoholic beverage will be an indication that identifies an alcoholic beverage originating from the territory of a country or a region or locality within that territory, where a given quality, reputation, or other characteristics of that alcoholic beverage are essentially attributed to its geographical origin.
In the case of applications related to wines:
- "Appellation of origin" refers to the name of a region, a specific country, or, in exceptional cases justified in the appropriate manner, the name of a state, used to indicate a product that meets the following criteria:
- the qualities or characteristics of the product result exclusively or essentially from a specific geographical environment, which includes both natural and human factors, inherited from this environment.
THE RIGHT TO FILE AN APPLICATION
Applications for the registration of names, such as PDO, GI, can only be submitted by groups that work with the products whose names will be registered. A single individual, either physical or legal, may be treated as a group when the following two conditions are met:
- the person is the sole producer willing to submit an application.
- As for protected designations of origin and protected geographical indications, the defined geographical area has characteristics that significantly differ from those of neighboring areas, or the characteristics of the product are different from those produced in neighboring areas.
Foreign producer groups may file an application, provided that the right to the GI or PDO has been granted in the countries of origin and if they meet the requirements of this law.