Proteção jurídica das indicações geográficas e desenvolvimento: o regulamento de uso e as estruturas de controle e gestão.

Abstract

This thesis object is the study of the role of the code of practice and control and management structures in the Brazilian geographical indications. Taking this object into consideration the following research problem was outlined: assuming geographical indications can be instrumental to development and that the management of this distinctive sign for collective use after its recognition is a critical point, what is the role of the code of practice and of control and management structures in Brazilian geographical indications? In order to solve the problem, the general objective is to define role of the code of practice and control and management structures in the Brazilian geographical indications. Thus, the following specific objectives were outlined: (i) present the interconnections between geographical indications and development; (Ii) structure the international, European and Brazilian normative contexts in which the geographical indications are located; ((iii) describe examples of geographical indications with a focus on control and management structures and code of practice; and, (iv) define the role of the code of practice and control and management structures in the Brazilian geographical indications. The research assumed that the geographical indications can promote the development and that the management of this collective distinctive sign after the respective recognition is critical point for the success of the asset and that, therefore, it is necessary to define the role of this document and of these structures in the geographical indications, since these are factors of influence in the management and, therefore, in the development achievement. This discussion constitutes the original contribution of the thesis. Thus, qualitative research was undertaken, grounded on a hypothetico-deductive method, and based on the initial delimitation of the problem and offering hypotheses, which resulted in a four chapters thesis. The second addresses the relevant normative contexts, including international, European and Brazilian. In the third chapter are described two examples of geographical indications in which the general context is presented, and the draft and operation of the code of practice e and control and management structures are analysed, good practices and the impacts of this manager set in the development of the region, as well as punctuating the challenges still present are identified. In the last chapter, a theoretical evaluation of the management and control structures and the code of practice is done and it is defined the role of each one of them. More generally, it is concluded that this document and these structures play a multiple role in the management of geographical indications and are intrinsically interconnected as each one depends on the other for efficient and effective management and the development achievement. In addition to this, as it refers to indication of source as a Brazilian geographical indication species, it is understood there is a need to amend the text of the administrative rule, which deals with registration procedure in relation to the requirement of the code of practice.