ARTICLE

Procedure for Registration in Argentina of Designations of Origin from Swiss Confederation and Principality of Liechtenstein

On September 25, 2019, Resolution N° 61/2019, issued by the Ministry of Agriculture, Livestock and Fishing, was published in the Official Gazette. The resolution regulates the procedure for the registration of Designations of Origin from the Swiss Confederation and the Principality of Liechtenstein within the framework of the bi-regional negotiations between the EFTA and MERCOSUR, with the aim of signing a free trade agreement.

October 29, 2019
Procedure for Registration in Argentina of Designations of Origin from Swiss Confederation and Principality of Liechtenstein

In view of the above, the list described in Resolution MAGyP 61/2019 of Designations of Origin from the Swiss Confederation and the Principality of Liechtenstein was published in the Official Gazette, for opposition purposes by third parties, if the designation of origin:

  • 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 through use in good faith before the publication of the Designation of Origin
  • is identical or similar to a name that has been recognized as a Designation of Origin 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 October 26, 2019 with the National Institute of Viticulture, if related to wines or wine products, or with the Food and Beverages Department, if related to agricultural products. Alternatively, objections can be filed electronically via email to presidencia@inv.gov.ar or alimentosybebidas@magyp.gob.ar, respectively.

The Free Trade Association (EFTA) representative will be notified of any objections and will have 30 consecutive days –counted as of the notification date- to respond.

Once the above term has expired, the National Institute of Viticulture and the Secretariat of Food and Bioeconomics will issue a decision on the availability for protection of the Designations of Origin listed above and will send their reports for consideration by the Argentine Ministry of Cultural and Foreign Affairs.

The possible protection of the Designations of Origin will depend on the satisfactory conclusion of the negotiations of the free trade agreement. The Designations of Origin will be protected within the framework of such agreement.