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In Brazil, the recognition of Geographical Indication (GI) is granted by the National Institute of Industrial Property (INPI) for regions that have a unique product or service. When the group of producers receives approval of the Geographical Indication, there must be a process of implementation and maintenance of actions, led by the regulatory board. The procedural substitute is the entity representing the legitimate and legally compliant community that requests the registration of GI. The following are considered procedural substitutes: associations, unions, federations, confederations and any other entity representing the community that can act as such, due to specific law.(INPI, 2024).

The objective of this study is to show the differences in the composition of control body for Brazilian GIs, in a survey conducted in March 2024.

This is a documentary research in which information was collected from the Technical File of GIs, made available by INPI (2024). All GIs in Brazil, classified into groups, were analyzed.

Table 1 – GIs Groups

Group Number of GIs

Agriculture 53

Crafto 13

Manufactured Goods 34

Stones 5

Fish 3

Restaurants 1

Services 1

Total 110

Font: INPI (2024)

Three subgroups were also considered within the Manufactured Goods group, presented in Table 2.

Table 2 – Sub groups of GIs

Subgroup Number of GIs

Cachaça 4

Wine 11

Cheese 6

Font: INPI (2024)

Table 3 presents a summary of the analysis of national GIs for groups and subgroups.

Table 3 – Characteristics of the Control Body of some groups and subgroups of Brazilian GIs.

On average members: All GIs7; Agriculture 7,32 ; Crafts 4,4; Manufactured 7,6; Cachaça 4,25; Wine 8,18; Cheese 11,16.

Define number of Members: All GIs 87,20%; Agriculture 84,90% ; Crafts 76,90%; Manufactured 97%; Cachaça 100%; Wine 100%; Cheese 100%.

Specify types of participants: All GIs 69%; Agriculture 60%; Crafts 69,20%; Manufactured 88%; Cachaça 75%; Wine 100%; Cheese 83,3%

State Government: All GIs 11,80%; Agriculture 5%; Crafts 1,5%; Manufactured 20%; Cachaça zero; Wine zero; Cheese 66,67%.

Associations: All GIs 17,20%; Agriculture 18,80%; Crafts zero; Manufactured 17,6%; Cachaça ; Wine ; Cheese

Institution Technical Scientific: All GIs 60%; Agriculture 50%; Crafts 61,50%; Manufactured 73,5%; Cachaça 75%; Wine 90%; Cheese 50%.

Federal Government: All GIs 9%; Agriculture 7,5%; Crafts zero; Manufactured 17,6%; Cachaça zero; Wine zero; Cheese 66,67%

Font: Technical File of GIs (INPI, 2024)

The analysis of the information contained in Table 1 provides some insights, and some are presented below.

Of the 110 existing IGs, 96 (87.2%) define the number of members of the control board, each regulatory board has an average of 7 (6.96) members.

Of the 110 existing IGs, 76 specify participants from other institutions to be part of the board. The type of participant with the greatest presence are technical-scientific institutions. Just like the state and federal government, they are public entities and have a important presence in the composition of the control board.

Reference:

Instituto Nacional de Propriedade Intelectual (INPI). (2023). Fichas Técnicas de Indicações Geográficas. https://www.gov.br/inpi/pt-br/servicos/indicacoes-geograficas/fichas-tecnicas-de-indicacoes-geograficas Acessed on 14/3/2024.