Registration of Geographical Indications and Appellations of Origin of agricultural and food products
Law No 25,380, modified by Law No 25,966, provides the legal basis for the protection of Geographical Indications (GI) and Appellations of Origin (AO) of agricultural and food products in natural status, whether altered or processed, but excluding wines and spirits which are ruled by Law No 25.163. The Secretariat of Agriculture, Breeding, Fishing and Foodstuffs (SAGPYA) will be in charge of applying Law No 25,380.
Bearing in mind that Law No 25,380 has not yet been regulated, SAGPYA has issued Resolution No 202/06, published in the Official Gazette on May 10, 2006, which allows the Argentine Board of Foodstuffs to receive the applications for registration of GI and/or AO until Law No 25,380 is regulated.
The Argentine Board of Foodstuffs will foresee the requirements and proceedings for registration of national and/or foreign GI and/or AO in Argentina. The foreign GI and/or AO must be previously registered in the country of origin.
It is worth noting that according to Law No 25,380 the following may not be registered as GI and/or AO:
(i) a name which has become a common (or generic) term of the product in Argentina;(ii) a term that has already been registered or used in good faith as a trademark before January 1, 2000 or before the registration of the GI and/or AO in the country of origin;
(iii) terms confusingly similar to names already registered as GI and/or AO for agricultural and food products; and
(iv) names which are liable to lead to error as to the origin, properties or characteristics of the agricultural and food products.
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.
