Resolution No. 247/2017 on the use of geographical names was issued by the “Instituto Nacional de Vitivinicultura” (National Institute of Viticulture –INV) and signed by the “Instituto Nacional de la Propiedad Industrial” (National Institute of Industrial Property –INPI-) and published in the Official Gazette on August 18, 2017.
The resolution grants the right to use geographical names in the labeling of wines and/or spirits of vinic origin during the period when those names are in the process of being recognized as Geographical Indications (GI) and/or Appellations of Origin (AO).
Mainly, Resolution No. 247 states that:
- The use of geographical names will be provisional, transitory, conditional, precarious and irrevocable.
- The interested party has the right to use the name upon application for the registration of the GI and/or AO according to the provisions of law 25163 (law on designation for wines and wine-based products).
- The geographical name may be mentioned without making any reference to a GI or AO.
- The geographical name can be mentioned on any part of the label and with any type of lettering, provided that it does not exceed a size of 3 mm (three millimeters) and only if it is included for informative (not trademark) purposes.
- Evidence of community service within the geographical area involved must be shown.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.