Procedure for registration of EU Geographical Indications (IG) and Appellations of Origin (AO) in Argentina
On November 1, 2017, Resolution N° 319-E/2017, issued by the Ministry of Agroindustry, was published in the Official Gazette. The resolution regulates the procedure for the registration of Geographical Indications (GIs) and Appellations of Origin (AOs) from the European Union and reflects the result of the ongoing negotiations between the European Union and MERCOSUR (Common Market of South America), with the aim of signing a free trade agreement.
For that reason, on November 2, 2017, the attached list of European GIs and AOs was published in the Official Gazette, for opposition purposes by third parties with legitimate interest to invoke that a particular GI or AO:
- is the generic name of the product (or common name that identifies the product in Argentina)
- is a trademark that has been registered in good faith and is in force, or where rights to a trademark have been acquired though use in good faith before the publication of the GI and/or DO
- is an identical or similar name that has been recognized as an AO and may mislead consumers as to the true identity of the product
- may mislead consumers as to the true qualities and/or characteristics of the product
- may indicate or suggest, in the designation or display of the product, that the product originates from a geographical area other than the true place of origin and may mislead consumers as to its geographical origin
- is a plant variety or breed that may mislead consumers as to the true geographical origin of the product.
Objections can be filed until December 1, 2017 before the National Institute of Viticulture, if related to wines or vinic products or before the Undersecretariat of Food and Beverages, if related to agricultural products.
The EU representative will be notified of any objections and will have 30 days –counted as of the notification date- to respond.
Once the abovementioned deadline has expired, the National Institute of Viticulture and the Undersecretariat of Food and Beverages will issue a decision on the availability for protection of the GIs and AOs filed by the European Union and will send their reports for consideration by the Argentine Ministry of Cultural and Foreign Affairs.
The possible protection of European GIs and AOs will be conditioned to the satisfactory conclusion of the negotiations of the free trade agreement between the EU and Mercosur, which should include all GIs and AOs that will be protected within the framework of such agreement.