As implicações das indicações geográficas no mercado interno nacional e sua efetividade

Abstract

This article aims to analyze the concept of geographical indication, a legal intangible asset protected by the industrial property institute, with geographical indication of source and designation of origin being its specific types. The core issue explored by this research lies in the obstacles encountered in ensuring its effectiveness in society, especially concerning commercial competition between smaller societies engaged in manufacturing production in contrast to the current context of more economically developed societies, such as European countries, which have stricter legislation and a greater tradition in the field of geographical indications. To this end, a deductive, theoretical, and documentary analysis is proposed regarding the concept of geographical indication, how it has evolved in foreign and national legislation, leading to the terms currently found in Law No. 9,279/1996, and how its registration is carried out with the Brazilian National Institute of Industrial Property (INPI). Finally, the difficulties arising from the effectiveness of the social function of geographical indications in society are examined, along with how their effectiveness impacts Brazil’s ability, or lack thereof, to compete on an equal footing with other geographical indications recognized internationally.