Geographical Indications and Appellations of Origin of Agricultural and Food Products

On May 18, 2009 Decree No 556/2009 was published in the Official Gazette. It regulates Law No 25,380 and Law No 25,966 which provide the legal basis for the protection of Geographical Indications (GI) and Appellations of Origin (AO) of agricultural and food products in Argentina. The regulation is in force as of May 18, 2009.

The mentioned decree establishes that the registration of a GI must be applied for by any individual and/or legal entity having a legitimate interest and being:

a)       directly engaged in the manufacture of products identified with the GI of the respective area, and/or

b)       by any chamber or association formed by manufacturers and/or producers of the product to be distinguished with the GI.    

A sole individual or legal entity may apply for the registration provided that

a)       he/she is the only producer in the respective area and the product is remarkably different from the others of its class and its qualities or characteristics are due to the geographical environment; or

b)       he/she is the manufacturer with a share of more than 30% of the total volume of the product in the area.

A GI may be recognised as an AO as long as the legal requirements are complied with. In such case, the GI will be cancelled.

Regarding AO the decree states that the qualities or characteristics of the product will mainly derive from the geographical environment of origin including natural and human factors (such as climate, land, water and knowledge, local practices, etc), and the production of the raw material and its processing up to the final product will take place in the respective area whose name is on the product. 

The regulation also mentions requirements and conditions that must met by the boards of Promotion seeking recognition of an AO.

Authorizations of use of the AO cannot be transferred.

Products under the AO must be commercialized with the label or packaging including the name and/or logo and/or seal registered with the Secretariat of Agriculture, Breeding, Fishing and Foodstuffs (Secretariat of Agriculture), in charge of applying Law No 25,380 and Law No 25,966.

The application for registration of an AO may be opposed on the basis of similar registered trademarks, and/or for having become the common (or generic) term of the product in Argentina, and/or because of the conditions of the AO.

The registration of the AO will be published and notified to the INPI (National Institute of Industrial Property) and national or international entities. INPI may publish such registration in its Trademark Bulletin.

In connection with both GI and AO the main terms of the decree are as follows:

a) The applications for registration of GI and/or AO from foreign countries will meet the following requirements:

(i) its registration in the country of origin and national registries.

(ii) Use and validity of the GI or AO declared by the respective foreign entity.

(iii) Compliance with all legal requirements.

(iv) Appointment of a legal representative.

b) Decree No 556/2009 also states that a term which became a common (or generic) term of the product in Argentina cannot be registered as GI and/or AO.

c) In case of homonymous terms the Secretariat of Agriculture will order the corresponding clarifications.

d) A registration or application for a GI and/or AO notified to the INPI cannot be registered as a trademark. INPI will require from the Secretariat of Agriculture information about applications containing geographical names related to agricultural and food products mainly under international classes 29, 30, 31 and 32 as well as any other relevant class.

e) Before registering a GI and/or AO the Secretariat of Agriculture will require that INPI inform whether such name is registered as a trademark particularly in international classes 29, 30, 31 and 32. If there exists a registered trademark the Secretariat of Agriculture will analyze such trademark in relation with the prohibitions of the Trademark Law No 22362 and will give its recommendations to the applicant of the respective GI or AO.