Law 25,163 and Law 25,380 govern the following matters, respectively:
- geographical indications and appellations of origin for wines and wine-based spirits; and
- geographical indications and appellations of origin for agricultural and food products.
Law 25,380 sets out the two categories (ie, geographical indications and appellations of origin) as follows.
Section 1: The Geographical Indications and Appellations of Origin used for commercializing agricultural or food products either in their natural state, or conditioned or processed, shall be governed by the present law. Wines and wine-based spirits are excluded from this law and are regulated by a special regime.
Section 2: For the purposes of this law, the definitions shall be as follows:
a) Geographical Indication: The geographical name of a country, region, province, department, town, or area within its territory, which is known as place of extraction, production, or manufacturing of an agricultural or food product.
b) Appellation of Origin: The name of a region, province, department, district, town, or area within the national territory that is duly registered and is used for designating a product originating therein, and whose properties or characteristics are exclusively or essentially due to the geographical environment, which comprises natural and human factors.
Section 23 of Decree 274/2019 (related to unfair competition) provides as follows:
Prohibition of use: notwithstanding the provision of Laws Nos. 22,362 and its amendments, 24.425, 25,163, 25,380 and its amendment, and 26,355, a national or foreign appellation of origin shall not be used for identifying a product or service, if this product or service does not come from the respective zone. For this purpose, appellation of origin shall be understood as the geographical designation of a country, of a region or a specific place, which serves for designating a product or service originating therein, and whose particular properties or characteristics are due –exclusively or essentially- to the geographical environment, including both natural and human factors.
In January 2021 the Secretariat for Food, Bioeconomy and Regional Development of the Ministry of Agriculture, Livestock and Fisheries issued Resolution 13/2021. This resolution updates the requirements for the recognition of geographical indications and appellations of origin of agricultural and food products, the registry in charge and the functions thereof. The resolution also includes a glossary of terms, which expressly states that geographical indications and appellations of origin of wines and wine-based spirits are governed by Law 25,163 and are therefore excluded from the new resolution.
For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100) or email (email@example.com). The Obligado & Cia website can be accessed at www.obligado.com.