GI Protection for non- agricultural products Portuguese System Brussels Sílvia Lourenço Instituto Nacional da Propriedade Industrial

Definitions Denomination of origin Name of a region, a specific place or, in exceptional cases, a country that serves to designate or identify a product: Originating from that region, specific place or country; Whose quality or characteristics are derived, essentially or exclusively, from the geographic environment, including the natural and human factors, and whose production, processing and development are carried out within the demarcated geographic area DO nº 54 Cherry of Cova da Beira

Definitions Geographic Indication Name of a region, a specific place or, in exceptional cases, a country that serves to designate or identify a product: Originating from that region, specific place or country; Whose reputation, specific quality or another characteristic can be attributed to that geographic origin and whose production, processing or development are carried out within that demarcated geographic area. GI nº 138 Ceramics of Barcelos

Non-Agricultural Products Non-Agricultural Products are always protected as Geographic Indications, once the connection between the product’s quality and the natural enviroment are not as strong as the connection in the Denomination of Origin. The protection of GI for agricultural and non-agricultural products is made in the same way and has the same level of protection.

After Registration the GI becomes an industrial property right that gives users the possibility to react against misuse and abuse in products that may discredit them. Non-Agricultural Products GI nº 6 -Embroidery of Guimarães

The GI is a common property of the residents or those established in region in an effective and serious manner. Can be used indistinctly by those, within the respective area, who are engaged in any characteristic production branch, when authorized by the holder of the registration. Ownership GI nº Embroidery of Viana do Castelo

How to Protect?

Application An application for registration can be made online with following information (artº nº 307 of the Portuguese Industrial Property Code): -Name of the entity with quality for acquiring the register; -Must indicate the name of the products, including the geographical indication; - Documents that provide evidence of the traditional or regulated conditions governing the use of the appellation of origin or geographical indication and the limits of the corresponding location, region or territory.

Application Program for the Promotion of Crafts and Microenterprises Institute of Employment and Professional Training Resolution nº 137/97 of the Council of Ministers (August 14 th ) Resolution nº 39/2006 of the Council of Ministers (April 21 st )

Article 308 of the Portuguese Industrial Property Code: - Application made by a person without the capacity to acquire it; - Reproduction or imitation of an already registered AO/IG; - Misleads the public, in particular as to the nature, quality and geographic origin of the respective product; -Violates industrial property rights or copyright; -Violates the law, public order or morality; - Favors unfair competition. GROUNDS FOR REFUSAL

Portuguese System 322 Denominations of Origin and Geographical Applications 17 GI of Non-Agricultural Products Applications 10 GI of Non-agricultural Products Granted GI nº 138 – Ceramics of Barcelos

Embroidery of Madeira (GI nº 6) Madeira Embroidery, Tapestry and Crafts Institute Portuguese IG (non-agricultural)

Figures of Barcelos (GI nº 137) Municipal Council of Barcelos Portuguese IG (non-agricultural)

Bobbin Lace Embroidery of Vila do Conde (GI nº 135) Association for the Protection of Crafts and Heritage of Vila do Conde Portuguese IG (non-agricultural)

Black Ceramics of Bisalhães (GI nº 145) Business Association - NERVIR Portuguese IG (non-agricultural)

Lover’s Handkerchiefs of Minho (GI nº 164) Association for Regional Development in Minho Portuguese IG (non-agricultural)

-Strong Competition from counterfeit products; - Serious economic loss; - Traditions, Know-how and products might disappear Challenges GI nº 185 – Embroidery of Terra de Sousa

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