September 6, 2024
Denomination of origin is a fundamental concept within the scope of industrial property, especially concerning the protection of products whose unique characteristics are intrinsically linked to their place of origin.
Thus, this article explores what denomination of origin is and how it fits within industrial property.
Understanding this concept is essential for valuing the authenticity of regional products and ensuring the rights of local producers.
The denomination of origin (DO) refers to the geographical name of a country, region, or locality that identifies a product whose qualities or characteristics are exclusively or essentially due to the geographical environment, including both natural and human factors. For example, products such as Port Wine or Queijo da Serra da Estrela have a unique identity that makes them internationally recognized.
In Portugal, the protection of denominations of origin is ensured by the National Institute of Industrial Property (INPI). This body regulates the registration processes, ensuring that only genuinely authentic products benefit from this protection.
In the context of industrial property, denomination of origin is a form of protection aimed at safeguarding products whose quality is directly related to their geographical origin. In this regard, it prevents producers from other regions from improperly using the geographical name, thereby preserving the reputation and authenticity of products originating from the designated area.
Furthermore, the denomination of origin plays a strategic role in the economic strengthening of producing regions, as it enhances local products in the global market. The existence of this protection also promotes sustainable development by preserving regional culture and traditions.
Although the concepts of denomination of origin and geographical indication are often confused, there are important distinctions between them. Denomination of origin requires that the qualities or characteristics of the product be essentially attributed to the geographical environment, including factors such as climate, soil, and local traditions.
On the other hand, a geographical indication refers to the name of a region that has become known as a production center for a specific product, but it does not necessarily imply that its characteristics are exclusive to that geographical environment.
Finally, denomination of origin has stricter requirements regarding the connection between the product and its origin. However, both forms of protection are essential for promoting the regional economy and protecting consumers against misleading practices.
Portugal has several recognized denominations of origin, especially in the wine sector. Among the most iconic examples are Port Wine and Vinho Verde, whose characteristics are determined by the specific terroir of the production regions. In the food sector, notable products include Queijo da Serra da Estrela and Azeite de Moura.
However, other products also benefit from this protection, such as fruits, vegetables, and even handicrafts. For example, Pera Rocha do Oeste (a type of pear) and Cerâmica de Barcelos (Barcelos pottery) are examples that illustrate how denomination of origin extends beyond the food sector, also covering cultural goods.
Thus, these denominations of origin contribute to the enhancement of Portuguese products and strengthen the local economy, promoting the global recognition of the producing regions.
Furthermore, they encourage the preservation of traditional production methods that might otherwise be forgotten.
The registration of a Denomination of Origin in Portugal is carried out with the INPI (National Institute of Industrial Property). This process involves several stages, including the submission of documentation that proves the connection between the product and its geographical environment. Therefore, it is necessary to provide a detailed description of the product’s qualities and the precise delineation of the geographical area.
After the analysis and approval of the application, the Denomination of Origin is legally protected, granting exclusive rights to the producers of the designated region. This registration ensures that the geographical name cannot be used by other producers, preventing the commercialization of counterfeit or inferior-quality products.
Furthermore, it is important for producer associations to be organized and prepared to meet the required standards to maintain certification. Transparency in the production process and the upkeep of high-quality standards are essential to preserving the reliability of the Denomination of Origin.
The protection granted by Denomination of Origin is crucial for preserving the authenticity of products and protecting local producers against unfair competition. For example, by preventing the improper use of geographical names, it ensures that only genuine products can benefit from that identification..
Furthermore, this protection provides consumers with the assurance that they are purchasing authentic products, with guaranteed quality and unique characteristics linked to their geographical origin. For producers, the Denomination of Origin represents a competitive advantage, allowing their products to stand out in the global market.
Despite the benefits, the protection of Denominations of Origin faces significant challenges. One of the main issues is the monitoring and combating of the improper use of geographical names, especially in international markets.
On the other hand, the lack of consumer awareness regarding the meaning of Denominations of Origin can be a problem for their protection. As a result, it is necessary to invest in educational campaigns that highlight the benefits of this protection for both consumers and producers.
Furthermore, globalization and the increasing demand for low-cost products often lead to the commercialization of imitations that undermine the reputation of Denominations of Origin. To overcome these challenges, collaboration between governments, producer associations, and international organizations is essential.
The Denomination of Origin plays a vital role in protecting traditional products and promoting cultural and gastronomic diversity.
Thus, by protecting the authenticity and origin of products, it encourages sustainable economic development. Additionally, for consumers, it ensures quality and authenticity, while preserving the cultural and natural heritage of communities. Finally, the Denomination of Origin stands out as an indispensable tool for balancing tradition and innovation.
