BRAZIL: GEOGRAPHICAL INDICATIONS

UNCLAS BRASILIA 001913 SIPDIS SENSITIVE STATE PASS USTR NSC FOR CRONIN TREASURY FOR OASIA - DAS LEE AND FPARODI USDOC FOR 4332/ITA/MAC/WH/OLAC/JANDERSEN/ADRISCOLL/MWAR D USDOC FOR 3134/ITA/USCS/OIO/WH/RD/DDEVITO/DANDERSON/EOL SON BUENOS AIRES FOR HAARSAGER E.O. 12958: N/A TAGS: ECON KIPR WTO SUBJECT: BRAZIL: GEOGRAPHICAL INDICATIONS Ref: State 131291 ¶1. (SBU) The Brazilian government has in general not been supportive of the EU's position in the WTO on geographical indications. According to Otavio Brandelli, Chief of the Foreign Ministry's IPR Division, the GoB has potential problems with the EU's list of foodstuff protected by European GIs that coincide with generic terms or registered trademarks in Brazil. Furthermore, the GoB is very concerned about the EU's "clawback" proposal as it would revoke TRIPS article 24 (exceptions to GI protection) as "compensation" for any movement in agriculture. ¶2. (SBU) The GoB has studied this issue closely not only as a result of the Doha Round negotiations, but also as a consequence of on-going negotiations between the Mercosul trade bloc and the European Union. Given that the GoB already has its own list of products for which there is a potential conflict between European GIs and generic terms and trademarks used in Brazil, there is little value to citing well-known examples within a demarche. (Our MRE contact declined to provide us at this time a copy of the GoB's list.) ¶3. (SBU) The EU has pressed hard on GIs in its negotiations with Mercosul. With respect to the protection of geographical indications for agricultural products other than wines and spirit drinks, Mercosur has offered to consider national protection limited to a selected number of items included in the European Union short list, provided that: a) trademarks already granted or pending approval, as well as the renewal of those trademarks, will not be affected; b) generic or customary terms will continue to be used; c) the protection will only apply to the exact term as protected in the original language of the country of origin; and d) trade with third countries will not be affected. ¶4. (U) Brandelli informed post that the Ministry of Agriculture research unit EMBRAPA plans to host a seminar on GIs September 21-23 in Brasilia with European participation; he said he has asked the Brazilian Embassy in Washington to consult with U.S. Patent and Trademark Office (USPTO) about possible participation so another view can be presented. MANGANIELLO