Argentina: Joint Resolution No. 247/2017 of August 7, 2017, of the National Institute of Vitiviniculture and the National Institute of Industrial Property

August 18, 2017

Argentina: The Joint Resolution No. 247/2017 of August 7, 2017, of the National Institute of Vitiviniculture and the National Institute of Industrial Property was published in the Official Gazette and entered into force on August 18, 2017.

It amends and implements various legislation related to geographical indications (GI) and wine, including Law No. 25.163 and its regulations, Decree No. 57/2004 and Resolution No. C.32/2002 and Laws Nos. 14.878, 22.362 and 24.481.

The Resolution grants the right to use geographical names on labels of wines and wine-based spirits while they are still under the procedure of recognition of a GI, in a long process of obtaining GI protection, mainly regulated by Law No. 25.163 (for wines and wine-based spirits in Argentina).

The so-called right to use such names as a GI is however subject to the following conditions, inter alia: (i) the geographical names are displayed on labels with no reference thereon to the terms "Geographical Indication" (GI) or "Controlled Denomination of Origin" (DOC); (ii) the geographical names are shown in any form of letters and in all positions of the labels, provided that they do not exceed a 3mm size, and are used for information purposes only and not as trademarks; (iii) the use of the geographical names is provisional, transitory, conditional, precarious and revocable; and (iv) any interested parties have the right to use such names on the application for registration of a GI or a DOC, according to Law No. 25.163.