THE ROLE OF GOVERNANCE IN THE STRUCTURING OF GEOGRAPHICAL INDICATIONS IN THE STATE OF ESPÍRITO SANTO

Abstract

The state of Espírito Santo has a territory rich in diversity, tradition, and culture. With a significant part of its economy based on agriculture and livestock, the state has great potential to make use of Geographical Indications (GIs), industrial property instruments of collective management that aim to enhance products and services linked to certain territories. By April 2021, the state had six GIs recognized by the National Institute of Industrial Property (INPI), ranking fourth in number of GIs registered in the country, with an increasing number of applications for registration requested each year. In this sense, the role of governance in the structuring of GIs in Espírito Santo, both pre and post-registration, has proven to be fundamental. Based on a bibliographic research and the analysis of the Espírito Santo GI processes requested at the INPI until April 2021, an approach on the structuring of these applications was adopted. It was concluded that the same standard cannot be applied to all applications, since this can lead to delays in the conclusion of the processes (requirements) or even the rendering of unfavorable final decisions (filings and denials). Moreover, it is essential that the entities that represent the community play a leading role in this process and that the producers actively participate in this structuring, from its genesis, through the granting until the post-registration. It is expected that other requests for recognition for potential GIs will be increasingly better structured and that the state will benefit from the management of this industrial property asset in its territory, complementing it with other forms of protection.