As diferenças entre indicação de procedência (IP) e denominação de origem (DO), no âmbito das indicações geográficas

Abstract

The Geographical Indication of Origin (GI) is used to identify a product originating in a specific region. There are two main categories of GI, namely Denomination of Origin (DO) and Indications of Provenance (IP). However, the DO imposes stricter requirements on production and processing in a specific region, while the IP focuses more on the association with the reputation or quality conferred on a product in that region. Each GI registration is tailored to meet the unique characteristics of the products and regions involved. In this sense, the aim of this study was to review and compare the fundamental differences between IP and DO in the context of GIs, by means of an exploratory, qualitative research using the bibliographic review method to carry out a comparative analysis with practical examples of IP and DO. This study analyzed and verified the definitions, legal criteria, production requirements, impact on products, legal protections and economic and cultural implications of the two categories. In this context, the way in which the INPI and SEBRAE catalog GIs and present the technical evidence for characterization as a DO or an IP reveals a certain difference between the technical definitions for characterizing the GI species and the elements presented in the catalogs. With regard to IPs, it can be seen that the technical characteristics often include the definition of product varieties, unique characteristics, geographical restrictions, history, tradition, favorable geographical conditions and cultural identity. The uniformity of the information presented in all the cases surveyed is also noticeable, with regard to the emphasis on traditional practices, cultural values and connection with the local community and recognition as a center of extraction and/or production. On the other hand, in the DOs, the technical characteristics highlight detailed product specifications, the relationship with the geographical area, unique and scientifically proven environmental and geographical conditions, and the characteristics of the differentiated product. However, it was not possible to ascertain with the same uniformity the presentation of human factors, traditional practices and cultural aspects. In this context, it can be seen that the requirements to prove the characteristics for DO are greater, since among the characteristics presented, "proof of natural factors requires the presence of human factors", and these natural factors need to be scientifically proven.