General rules for the designation and presentation of wines and spirituous beverages of wine origin of Argentina and the protection of the institutes of intellectual property

Aug 6, 2021

General rules for the designation and presentation of wines and spirituous beverages of wine origin of Argentina and the protection of the institutes of intellectual property

LAW Nº 25.163 (AND REGULATORY DECREE Nº 57/2004) WHICH ESTABLISHES THE GENERAL RULES FOR THE DESIGNATION AND PRESENTATION OF WINES AND SPIRITUOUS BEVERAGES OF WINE ORIGIN OF ARGENTINA AND THE PROTECTION OF THE INSTITUTES OF INTELLECTUAL PROPERT: INDICATION OF ORIGIN, GEOGRAPHICAL INDICATION AND CONTROLLED DESIGNATION OF ORIGIN

 The aforementioned institutions are of vital importance for the development and protection of certain products that have a specific geographical origin whose quality arises specifically from the place of origin of production. Likewise, through the use of these institutions, the producers add to the product greater prestige, value to the region, and promotion in the market. By protecting these institutions, it contributes to the development of wine-growing areas.

In our country, the aforementioned institutions are regulated by Law Nº 25.163 and regulated under decree Nº 57/2004.

Indication of Origin (OI): From Art. 3 it arises that “… The use of an indication of origin is exclusively reserved for table wines or regional wines. The procedure for determining the geographical area of ​​an Indication of Origin, the employment conditions and the control of this category of the regime, is the exclusive competence of the Authority for the Enforcement of this law… ”.

 Geographical Indication (GI): Art. 4 establishes that GI is understood to be “… the name that identifies an origine product in a region, a locality or a delimited production area of ​​the national territory no larger than the surface of a province or an already recognized interprovincial zone, the GI  will only be justified when a certain quality and characteristics of the product are fundamentally attributable to its geographical origin. ” Likewise, art. 5 mentions that “… The use of a Geographical Indication is exclusively reserved for quality wines or spirits of wine origin. The procedure for determining the production area of ​​a Geographical Indication, the employment conditions and the control are the exclusive competence of the Authority for the Application of this law… ”.

 

Controlled Designation of Origin (CDO): Art. 13 of the aforementioned law understands this institute as “… the name that identifies a product originating in a region, a locality or a delimited production area of ​​the national territory, whose particular qualities or characteristics are exclusively or essentially due to the geographical environment, including natural factors, human factors… ”.

 It is understood, according to the aforementioned law, as the Authority of Application to the National Institute of Vitiviniculture.

In short, the Geographical Indication (GI) occurs when the product has a quality, reputation or other specific characteristic that is fundamentally attributable to its geographical origin. This means that the production of raw materials and the elaboration or transformation of the product do not necessarily have to be carried out entirely in the defined geographical area (this will be determined by the National Institute of Viticulture).

The Institute of Indication of Origin (IP) is a GI that is used only for table or regional wines. Therefore they have the same characteristics.

On the other hand, the Controlled Designation of Origin (CDO), as its name indicates, is more strict, being a subcategory of a GI, since it requires an even closer link between the quality or characteristics of the product, because it not only takes take into account the geographical environment but the human and natural factors. For example, a DOC requires that the raw materials have been extracted in a certain geographic area and that they have also been produced there.

For your information, we enclose the lists of Geographical Indications protected in our country and abroad through the agreement between MERCOSUR and the EUROPEAN UNION (pending approval in the EU). Regarding wines, improvements in access to the European market include not only the elimination of tariffs, but also the establishment of requirements for the marketing of wines in the territory of both parties. This implies the recognition of 140 Argentine geographical indications, and of the traditional expressions (such as “reserva” or “gran reserva”) that Argentine wine producers have been seeking for years to be authorized in the EU. Oenological practices are also recognized.

List of protected geographical indications in Argentina

List of Geographical Indications recognized by Argentina (Mercosur) from abroad (See page 81)