Indicações geográficas na Bahia: a segurança jurídica do saber-fazer e os desafios e oportunidades pós concessão do registro

Abstract

Bahia is a state full of attractions and natural riches and is formed by a creative, dynamic people, the result of the different influences received in its process of historical and economic formation. In this environment, conducive to innovation, protecting the Intellectual Property that overflows with the traditional knowledge of these people is more than essential, a priority. In the way of preserving local identity and customs, protecting the intellectual property rights of these intangible assets, arise, among other legal modalities, the Geographical Indications (GIs). Several institutions have supported and advised legal representatives of associations, institutes, cooperatives, micro and small enterprises and rural producers in the construction, documentation and formalization of the application for registration of GIs with the National Institute of Industrial Property (INPI) and given support in their management. However, what is the scenario of the Bahian scenario related to the legal protection guaranteed to GIs as a collective tool for protection and commercial promotion of traditional products linked to certain territories? What are the opportunities and challenges that arise after INPI has granted registration? The main challenge of IG concession holders is related to what the Brazilian Micro and Small Business Support Service (SEBRAE) calls the Market Access stage, after the application of IG registration with INPI is filed. This challenge is not only related to already granted GIs, but also to those who have applied for registration, to ensure that this potential for new GIs has enough time to prepare for the promotion of their product or service after obtaining the title. Most GI products and / or services relate to a, characteristic niche market. The ideal scenario is one that allows one to investigate and determine what are the differentials and opportunities still present in the diagnostic stage of the potential of a new GI, since the signal, although necessary, is not an enough condition to reach a consolidated position in an increasingly competitive global market. Because it does not guarantee the automatic appreciation and recognition of the goods represented by the distinctive sign, efforts should not end only with the granting of IG registration by the INPI. Post-registration strategic management is permanent and fundamental because it includes actions related to the promotion, marketing and control of products throughout a production chain. The actions of public and private institutions need to use global dynamics to feed local ones. Thus, for the proper process of consolidating an GI, geographical contours must give way to political and legal goals and objectives that go beyond their physical limits.