ABSTRACT

Geographical indications (GIs) were initially established as public instruments to inhibit the unfair appropriation of a territory’s reputation. With their inclusion in the terms of the widely adopted agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization (WTO) and their subsequent international diffusion, however, many countries incorporated GIs as private property instruments organized by producer groups with minimal state control. Brazil can be situated in a third group of countries where a plurality of institutional arrangements prevails reflecting the different articulations and conflicts within state bodies and between state and non-state actors. This chapter explores the ways in which the contrasting results of GI in Brazil confirm the flexibility of its institutional framework for different sectors and territories and underscore the fragility of the Brazilian model.