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