MERCOSUR Agreement for Protecting Geographical Indications 

Law 27765, published in the Official Gazette on October 18, 2024, formally approves the Agreement for Mutual Protection of Geographical Indications (GIs) from MERCOSUR Member States. The agreement establishes the mutual protection for GIs from MERCOSUR member states (Argentina, Brazil, Paraguay, and Uruguay) in line with national legislation and international agreements. GIs are defined as a name identifying a product or service from a particular territory, region, or locality when its quality, reputation, or other attributes are fundamentally linked to this geographic origin.

The key provisions of the agreement are:

1.    Approval and Protection of GIs
After undergoing public consultation and technical review, the Common Market Group (GMC) will approve a list of GIs to be reciprocally protected by each member state, according to their corresponding local laws.

2.    Scope of Protection
GIs for non-agricultural, non-food products, as well as wines and spirits may be protected in accordance with each country’s legal framework. The agreement does protect unregistered or unused GIs in their country of origin. It also excludes GIs from non-MERCOSUR countries and common-use terms within the region.

3.    Use of Common Names and Coexistence of Homonymous GIs
Once recognized, a GI cannot be considered a generic or common-use term. However, names that are commonly used within a country will not be protected as GIs. In the case of homonymous GIs (GIs with identical names but different origins), member states may allow their coexistence under conditions that prevent consumer confusion about the product's origin.

4.    GIs and Trademarks
The agreement prohibits registering marks identical to a GI or including a GI, except for good-faith filings made before the agreement’s effective date. This measure aims to prevent misleading use of GIs or trademarks that could deceive consumers about the true origin of products or services and prevent unfair competition.

5.    GI Recognition Process
Each member state may request protection for a GI in other member countries via a technical form submitted electronically, following the process outlined in the agreement's appendix.

6.    Establishing of a GI Committee
A GI Committee is established, consisting of representatives from each state’s national GI protection authorities and Foreign Affairs Ministries. This committee will coordinate the agreement’s implementation, handle notifications of new GIs, and ensure compliance with its provisions.

The agreement is of indefinite duration and will take effect 30 days after at least two member states have ratified it. Any amendments will require the consensus of all member states.