A função social das indicações geográficas: uma análise a partir dos cadernos de especificações técnicas de selos da Região Sul do Brasil

Abstract

Society and property have always maintained an inseparable relationship since the beginning of time; they do not always run at the same pace but are always connected. Throughout history, individuals have always sought to exercise power, there has been a need to prove ownership of acquisitions, including through the field of intellectual property. The ownership of a specific product or service is instead determined by the industrial property rights, more specifically through Geographical Indications (GI), which provides unfair competition protection. Since ancient Egypt, the quality of certain wines has been associated with the region that produced them, equating it to value-add and recognition, which continues to this day. It is increasingly common for consumers to talk about products with a GI seal, which relays information about the product’s region, its climate and geographical factors, its labor and its quality; however, they know little beyond that. There are aspects of the industrial property itself that tell us about the requirements that need to be followed to maintain the expected quality standard of the product. Thus, given so many factors linked to the context of acquisition of GI identification seals, the study questions: To what extent are GIs able to maintain their social function? The objective is to verify whether, at the time of registration with the INPI, the social function associated with the Caderno Técnico Específico of IGs is maintained at the current scenario where production is significant within the consumer market, by utilizing parameters established by the analysis of three selected GIs: Vale dos Vinhedos, Pampa Gaúcho da Campanha Meridional and Mel de Melato da Bracatinga do Planalto Sul Brasileiro. The study was motivated by Fritjof Capra’s, Edgar Morin’s and Liliane Locatelli’s theory, which follows a systemic-complex basis, and using the deductive approach method and the monographic procedure. The conclusion reached is that even though the economic aspects of development are important due to the scope of GIs, they continue to maintain their essence and therefore also maintain their social function while bringing their own evolution to the property-society relationship.