US embassy cable - 05BRASILIA1913

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