Paulo Henrique de Lima Siqueira, Orcid: https://orcid.org/0000-0001-8204-7846, Universidade Federal de São João del Rei - São João del Rei - MG – Brasil. E-mail: paulosiqueira@ufsj.edu.br
Fabrício Molica de Mendonça, Orcid: https://orcid.org/0000-0001-8909-6843, Universidade Federal de São João del Rei, cidade de São João del Rei, Estado de Minas Gerais, Campus Tancredo Neves (CTAN). E-mail: fabriciomolica@ufsj.edu.br
Bruno de Barros Diláscio, Orcid: https://orcid.org/0000-0002-5659-1482, Universidade Federal de São João del Rei - São João Del Rei - MG – Brasil. E-mail: brdilascio@ufsj.edu.br
Abstract
The Geographical Indication ensures products/services protection about the origins or provenance from a geographical area. The unfamiliarity regarding the process that legitimizes it prevents the proof of the quality and reputation of the products, disapproving the requests. The purpose of this work was to present an integrated flow of processes adopted for the registration of the Origin Indication of handicrafts in manual loom in the Resende Costa – MG municipality, to understand the necessary steps to build the integrated whole, arousing interest from other locations in adopting these distinctive signs. A qualitative research was carried out using action research as a strategy. The results generated a flow composed of 11 sub-processes, from the mobilization of the local community to the recognition of the request by the INPI. This confers notoriety, values the place, strengthens companies, can attract tourists, increases the flow of products out of the region and adds to the municipality’s tax.
Keywords: geographical indication. provenance indicator, hand loom.
Resumo
A Indicação Geográfica certifica a proteção a produtos/serviços originários ou procedentes de uma área geográfica. A falta de clareza referente ao processo que a legitima impede a comprovação da qualidade e reputação dos produtos, reprovando as solicitações. Este trabalho teve por finalidade apresentar um fluxo integrado de processos adotado para o registro da Indicação de Procedência do artesanato em tear manual do município de Resende Costa – MG, a fim de compreender os passos necessários para se construir o todo integrado, despertando interesse de outras localidades em adotar esses sinais distintivos. Foi realizada uma pesquisa qualitativa tendo como estratégia a pesquisa-ação. Os resultados geraram um fluxo composto de 11 subprocessos desde a mobilização da comunidade local até o reconhecimento do pedido pelo INPI. Isso confere notoriedade, valoriza o local, fortalece empresas, pode atrair turistas, aumenta o fluxo de produtos para fora da região e acrescenta a arrecadação tributária do município.
Palavras-chave: indicação geográfica. indicação de procedência. tear manual.
The Geographical Indication (GI) is the intellectual property right, ensured by national laws and international agreements, which certifies legal protection – such as trademarks and patents – to products and services originating in or coming from a specific geographic area – country, city, region or locality in its territory – with characteristics that represent a quality related to the natural environment or human factors, which give them notoriety and territorial specificity (Gangjee, 2017; Reis, 2015). In Brazil, it is classified as: a) Indication of Origin (IO), which requires notoriety of the place of origin of the product/service; and b) Denomination of Origin (DO), when it has quality or characteristics, which are essentially due to the geographic region of origin (INPI, 2020).
However, the process to obtain a GI, be it a Provenance or an Origin, is complex (Gangjee, 2017; Wilkinson, Cerdan, & Dorigon, 2017; Vieira, Zilli, & Bruch, 2016). The lack of clarity regarding the process that legitimizes a GI prevents many producers from proving the quality and reputation of their products; consequently, many of the agglomerates are rejected, others stop looking for alternative protection and others give up halfway through due to slowness and wear and tear.
So, it is clear that there is a need to know the entire flow of the process, which goes beyond the standards presented by the National Institute of Intellectual Property (INPI) (Marie-Vivien & Biénabe, 2017; Hora, 2019), because understanding all the process can avoid rework, inconvenience and demotivation, which may prevent the achievement of protection and the benefits brought by it. In view of this, the research problem that was intended to be answered is: how to build an integrated flow of processes aimed at the GI registration request in order to contribute to awakening the interest of other locations?
To answer this question, it is necessary to base oneself on empirical situations, in which all phases of the process were described, through interactive work between researchers and the local community, using an action-research strategy, as is the case of the registration of Indication of Origin of crafts in manual loom in the municipality of Resende Costa, in the state of Minas Gerais, which was contemplated in the product of “Textile crafts produced by manual loom and manual production”, on August 10, 2021, under No. BR402020000006-0 (Propriedade Industrial Magazine, 2021). This record was conquered, because there is an agglomeration of small and micro companies, which have a socioeconomic importance in this activity, considering the past, the culture and the relationships exercised between families and companies. Therefore, location has become a competitive advantage, which, according to Gangjee (2017), enables comparative advantages more related to offering differentiated products than based on cost reduction.
The purpose of this work was to present an integrated flow of processes adopted for the registration of the Indication of Origin of crafts in manual loom in the municipality of Resende Costa - MG, nº BR402020000006-0, so that the necessary steps can be understood, in order to of building an integrated whole, capable of awakening the interest of other locations in adopting these distinctive signs.
Carrying out this type of study is justified, because despite the specificities between locations and production systems, knowing the general structure of processes, which can contribute to an increase in the number of requests and concessions of Geographical Indications in the country.
After this introductory section, the document is structured as follows: Section 2 presents the theoretical framework, Section 3, the methodology employed, Section 4, the results and discussion and, finally, Section 5 contains the final considerations.
The Geographical Indication (GI) is a kind of intellectual property, which has been understood as a protective sign used in products or services to establish that they originate from a specific geographic area. Therefore, they have qualities or reputation related to the place of origin, thus creating a differential between them and other similar products or services available on the market. Once recognized, the GI can only be used by members belonging to its locality (Gangjee, 2017).
Its potential is achieved through the relationship between the characteristics of the environment and how much they influence the quality of the product. Likewise, the human element, that is, the participation of the producer, its local culture and history, as well as its traditions, also influence the identity that the product will achieve. This means that the characteristics of the product are directly linked to the values of the place where it is produced (John, Lokina, & Egelyng, 2020).
GI begins when the name of the region of origin becomes part of the knowledge of the product as well as its presentation to the market (Caldeira, 2020), as occurred with red wines from the Bordeaux region and sparkling wines from the Champagne region, in France, Parma hams, in Italy, Cuban cigars, from Cuba, Cachaça from Paraty, Canastra and Serro cheeses and others, in Brazil (Maiorki & Dallabrida, 2015).
For Zhan, Liu and Yu (2021), GI is an identification category used by consumers as a means of evaluating products, making them more confident in what they buy. The greater the confidence in the origin of the product, the more it has its market share, which makes it more appreciated by consumers than similar products within their categories (Zhan, Liu, & Yu, 2021).
GIs are considered by the literature as an important tool to boost territorial and economic development, especially in territories formed by small and micro-enterprises. Its main defenders are: Barjolee, Paus and Perret (2009), Mascarenhas and Wilkinson (2014), Campos (2018), and Facirolli Sobrinho, Guedes and Castro (2021) among others. In general, they show that GIs make it possible to create jobs, improve the quality of life of producers and employees, increase the interest of children and relatives in continuing in business and increase the flow of tourism and business in these regions, in addition to protecting products by virtue of their origin or origination.
Milano and Cazella (2021) also add that, in the case of food production, in addition to “decommotizing” these products, GI can contribute to environmental sustainability, provided that the process is conducted with the participation of different actors included in the process. production system, ensuring the participation of local authors under a robust governance system.
However, there is a line of authors, such as Belletti, Chabrol and Spinsanti (2016), Belletti, Marescotti and Touzard (2015), Shiki and Wilkinson (2016), Vieira, Zilli and Bruch (2016), Marie-Vivien and Biénabe (2017), Hora (2019) and others, who claim that GI, by itself, is not capable of promoting all this transformation, requiring collective efforts from all actors.
In addition, there are some challenges, such as the consumer not knowing or recognizing the GI, ensuring that all stages of production have the same geographic origin, ensuring that inspection and verification are feasible and feasible, overcoming the absence of a strong institutional structure, excessively open regulatory norms, competition with large industries, mischaracterization of traditional means of production, non-transparent protection parameters, lack of access, education and training, which bring value to the product, etc. (Maués & Richartz, 2021; Gangjee, 2017).
In Brazil, the concept of Geographical Indication (GI) is regulated by Law nº 9.279, under the title of Industrial Property Law (IPL), in which the GI must be constituted by the indication of a certain place, which confers the origin of the product , which can be characterized as Indication of Origin (IO) or Denomination of Origin (DO) (Brasil, 1996).
According to article 177 of the referred Law, the IO refers to the recognition of the product from the aspects belonging to its country, city, region or locality, where the production or service as well as the processes used are decisive to guarantee the good reputation of the product in the market (Brasil, 1996), as occurs with Cachaça from the region of Salinas – MG, Cachaça from Paraty – RJ, Grapes and Mangoes from the São Francisco Valley and others.
The DO is related to the geographical name, country, city, region or locality, where the qualities of the product are related, essentially, to the geographic environment, including natural and human factors (Brasil, 1996), as with rice from Lagoa dos Patos – RS, with a high concentration of wetlands, which makes it extremely favorable for rice growing (rice production), as well as constant temperatures and low rainfall (Revista “A Lavoura”, 2020). Other examples occur with shrimp from the Costa Negra region, rice from the northern coast of Rio Grande do Sul, bananas from the Corupá region, green coffee beans from Mantiqueira, in Minas Gerais, and others, in which characteristics, such as climate, relief , soil etc., are conditions that guarantee the quality of the product, making them unique (Dardeau, 2015).
It should be noted that the red, white and sparkling wines from Vale dos Vinhedos were the first to obtain a GI, in the IO modality in Brazil, in 2002. In 2012, they achieved the DO by proving the necessary natural conditions, which interfere with the quality of the product.
As most of these productions are concentrated in smaller regions, almost always in the interior of the States or in the rural areas of the municipalities, isolated, they find limitations in relation to the consumer market. In this sense, the establishment of IOs and DOs contributes to achieving greater national and international notoriety (Freitas, 2020).
However, the process for achieving a GI is complex. Therefore, it is essential to carry out mapping of key processes. Vieira, Zilli and Bruch (2016) state that the process is complex, making mapping essential. The lack of experience and clarity regarding the process that legitimizes a GI, according to Marie-Vivien and Biénabe (2017) and Hora (2019), prevents many producers from proving the quality and reputation of their products; consequently, many of the agglomerates are rejected, others stop looking for alternative protection and others give up halfway through due to slowness and wear and tear. So, it is clear that there is a need to share experiences, making a detailed record of all stages of the process.
This study was carried out within the qualitative approach of descriptive and explanatory nature of applied nature. The qualitative study analyzes and interprets investigations, habits, attitudes and behavioral trends based on the perspective of individuals or social groups (Marconi & Lakatos, 2017). Descriptive research describes phenomena and characteristics of the population or social groups, and explanatory research clarifies facts that contribute to the occurrence of a phenomenon (Andrade, 2009). Applied research, on the other hand, seeks the solution to specific problems experienced by people and organizations (Gerhardt; & Silveira, 2009).
With regard to the research strategy, action research was chosen, which, according to Roesch (2005), provides knowledge about the empirical social reality, in which the analytical, conceptual and categorical components of explanation are developed by the researcher from of data, and not of structured, preconceived and quantified techniques.
The action-research provided the work with the construction of a reflection about the analyzed environment, in this case the producers of textiles, who use the looms in the city of Resende Costa - MG. Knowing these people and the way they work and dedicate themselves to the trade of their production is an essential part of the research, because it presents the human element, fundamental to the creation of any commercial market (Stake, 2015).
The empirical unit of analysis of the study was crafts in manual loom in the city of Resende Costa. The municipality was created in 1749 and is located in the Region of Vertentes, in the state of Minas Gerais. Its approximate distance from the capital of Minas Gerais is 174 km and the main highway that serves the city is the BR-383.
The population of the municipality is 11,578 inhabitants for a territorial extension of 618,312 km and the per capita GDP was estimated at R$16,691.36/inhabitant for the year 2021 (IBGE, 2021). The three activities that employ the most are: public administration in general, retail trade and manufacture of textile artifacts. Although there are no consolidated statistical data, the main economic activity is handicrafts produced and sold in 80 specialized stores spread across the city, from which 70% of the municipality's population live directly or indirectly from this activity, which, in addition to strengthening the economy, encourages tourism (Eustaquio, 2020).
Although Resende Costa's textile crafts emerged in the 18th century as an economic alternative to the decadence of gold exploration in the colonial period (Santos, 1997), it only gained visibility from the 1980s onwards with the growth of tourism in the cities of Tiradentes and São João del-Rei, caused by private investment and public programs to promote tourism, such as the Estrada Real Tourist Potential Development Incentive Program and the Trilha dos Inconfidentes Touristic Circuit. The inauguration of BR-383, which connects Belo Horizonte to Resende Costa, in 1981, facilitated access to the main highways in the country, BR-040 and BR-381, bringing tourists and buyers from other regions (Resende, 2016).
As the expansion was of new markets and the strengthening of the productive cluster, the need arose to apply an official registration, in this case the Geographical Indication (GI), to certify a product in its region. Such protection “has the potential to differentiate products and services, improve market access and promote regional development, generating effects for producers, service providers and consumers” (INPI, 2020, p. 1).
Data collection took place through bibliographical research, to absorb the theoretical basis and practical experiences from other locations; documentary research, resorting to dispersed sources and without analytical treatment, such as newspapers, official documents, magazines, films, photographs, videos, etc.; visits to companies and homes; and participation in meetings.
In order to seek the certification known as Geographical Indication to be conferred on textile/handcrafted products from Resende Costa, it was essential, at first, to get to know the environment formed by the city, the participants in the market that produces pieces from traditional looms, the market buyer, local leaders and existing associations.
From there, it was necessary to revisit the available literature, raising concepts such as "Geographical Indication" and "Denomination of Origin" and characteristics obtained in other certifications, so that the research could be given a theoretical basis, which would serve as a foundation for the decision-making with local actors.
With this reference, a set of documents was sought to illustrate the history and traditions of the municipality of Resende Costa and its participation in the context of the textile production market in the region. This material was collected from institutions in the municipality, such as the City Council, City Hall and historical collections. After having considerable documentation about the themes and the object of study, the research had access to the place itself. This was due to the participation of the researcher in the places where textile production is carried out.
During the period, around seven face-to-face meetings were held with the president and vice-president of the Associação Empresarial e Turística de Resende Costa (ASSETURC), the mayor of the municipality, the secretary of Culture, Tourism and Handicrafts, a representative of the Chamber of councilors and eight producers. During these meetings, information was collected and data considered relevant for the development of the work were recorded. Associated with the documents offered by the Association, the main points for the research were established, referring to the participation of these organizations in the elaboration process of the GI for the handicrafts of the municipality. The exchange of information that took place, mainly in the meetings, allowed the evaluation process to take place throughout the process, since the participants had access to the data and followed the progress of the process of forming the GI request document, forwarded to the INPI for analysis and feedback.
To describe the flows, figures from the Business Process Model and Notation (BPMN) were used (Figure 1).
Figure 1 – Symbols used to represent the process flows for obtaining the Geographical Indication of Resende Costa Textile Crafts
Source: survey data (2021).
The research sought to establish a GI seal in the city of Resende Costa - MG. For this, a series of steps were created, which were carried out in a concatenated and sequential way, involving the Federal University of São João del-Rei (UFSJ), the Professional Master's Program in Intellectual Property, Technology Transfer for Innovation (PROFNIT) , the Secretary of Tourism, Crafts and Culture of Resende Costa (STAC), the Business and Tourism Association of Resende Costa (ASSETURC) and the National Institute of Intellectual Property (INPI) (Figure 2).
Each of these actors developed their specific role, carrying out procedures, represented by sub-processes and which, as a whole, integrate a flow of processes (Figure 2), respecting current legislation, so that certification can be accepted and respected by other markets as valid and official, attributing the ideal value to the product and the place. The representation by subprocess facilitates the understanding of the flow, as it groups a set of activities, which, although relevant, could make the representation complex.
Figure 2 – Process flow for obtaining the Geographical Indication of Resende Costa Textile Handicrafts
Source: survey data (2021).
The elaboration of this flow took into account the necessary sub-processes to obtain the required GI certificate from the INPI. This process began with the elaboration of the proposal by a Master's student from PROFNIT. This proposal was presented to STAC for analysis. STAC played a crucial role in bringing the researcher closer to ASSETURC so that the idea was approved and they could, together, carry out key procedures for achieving the main objective of the research.
The procedure adopted for the implementation of the GI project in the municipality of Resende Costa was based on current legislation, associated with the methodology developed by a PROFNIT/UFSJ student, in order to improve the process flow.
1st) Elaboration of an IG proposal
The starting point, which must be considered in carrying out this work, was the proposal developed by a PROFNIT/UFSJ student, during the first half of 2019, which, due to its relevance, was considered as the first sub-process of the flow. With the prepared project in hand, the student contacted STAC to present the proposal and requested that the Secretariat evaluate the proposal and serve as an intermediary between the University and the other local actors (Figure 3).
Figure 3 – Elaboration and presentation of a GI proposal
Source: survey data (2021).
The presentation of a research proposal prepared by students, accompanied by guidance from appropriate professionals, turns out to be an interesting way to start the process and allow greater proximity to universities and research institutions. The theoretical study, which precedes the proposal, reduces the risk of building material that may be rejected by the INPI or that is time-consuming to the point of causing demotivation and withdrawal throughout the process, as shown by studies of Hour (2019).
2nd) Mobilization of those involved
Aware of the intention of the proposed research, STAC started the process of mobilizing local actors. This phase involves raising the awareness of actors around their “collective responsibility in discussions related to the production and commercialization of recognized products and/or services” (Pellin, 2019 p. 120). For this reason, STAC got in touch with local actors, such as ASSETURC, local producers, shopkeepers and government representatives. In addition, it scheduled and held the meeting, which took place in August 2019, at the city's Municipal Library (Figure 4).
Figure 4 - Mobilization of actors involved in STAC
Source: survey data (2021).
At the meeting, after the opening made by STAC, two students, accompanied by the PROFNIT coordinator, explained the theme and presented the proposal. The purpose was to make all relevant information related to the topic Geographical Indication accessible to all those present. In general, concepts were presented, such as Geographical Indication, Indication of Origin and Denomination of Origin, the advantages and values and documentation required by the INPI.
Local mobilization, based on lectures and seminars for dissemination and interlocution between local agents, contributes to the historical survey, essential to associate the region with the specific local know-how (Cardieri, 2013).
After the presentation, some participants expressed fear. From the discussions, doubts were resolved. In the end, they concluded that GI could be a way to provide products with their own identity, in addition to evoking quality and adding value to products produced in the municipality. At that same meeting, ASSETURC decided to contribute to the implementation of the project and, furthermore, the PROFNIT/UFSJ student was chosen by all as a proxy to mediate all transactions with the INPI. The role of attorney, with technical knowledge about GI, was a differential, which contributed both to strengthening the relationship between the municipality of Resende Costa and PROFNIT and UFSJ and to achieving the proposed objective in a time considered reasonable. The Hold Meeting subprocess can be decomposed into the activities shown in Figure 5.
Figure 5 - Activities developed at the meeting promoted by STAC
Source: survey data (2021).
3rd) Definition of GI and characterization of the product
The definition of the GI used and the characterization of the product were carried out through meetings promoted by ASSETURC with the participation of the attorney, producers, shopkeepers and representatives of the local government (Figure 6).
Figure 6 - Definition of the GI and characterization of the product to be protected by the GI
Source: survey data (2021).
After the presentation made by the attorney of the types of GI and their formation characteristics of the productive system, the adoption of the IP was approved based on the concepts presented by Almeida (2020), Carvalho (2020) and Law nº 9.279 (BRASIL, 1996) ), in its art. 177; that is, they are linked to the geographic environment.
Having decided on the type of GI to be adopted, the participants began to focus on the characteristics of the products that would be protected. There were reports of the importance of loom production in the lives of families in the city and in the appreciation of this and other traditions, since even tourism in the municipality is linked to this type of production. They claimed that the majority of handicraft stores in the municipality, around 88 establishments, have their stocks coming from family production, either their own or acquired from the producing families. In addition, based on previous studies carried out, they also claimed that 80% of these people's income comes from handicrafts on looms. Such information is in line with the work developed by MUNDOGEO (2018), which shows that GI, in general, is recognized for the quality or tradition in the production of a given product or service.
The products chosen to be protected by the IG are textile handicrafts, made with the art of manual looms, whose tradition has been passed down from generation to generation. This type of handicraft is present in the manufacture of quilts, rugs, cushions, curtains and others, having been registered by the Municipal Council of Heritage and Culture, in 2016, as an intangible cultural asset of the municipality. This decision is based on studies, such as the one by Gonçalves (2007), which show that GIs value, preserve and protect an intangible cultural heritage, which are cultural traditions, created in recognized regions and locations. This manual craft has the notoriety required by the dictates of the Law.
4th) Organization of producers in the region in an Association
INPI Normative Instruction No. 095, of 12/28/2018 (BRASIL, 2018a), establishes that only associations, unions or entities, which can act as such under the Law, have legitimacy to request registrations of Geographical Indications.
As there are two associations, ASSETURC and the Association of Weavers of the Municipality, there were no obstacles in relation to this requirement. In addition, the way they both work facilitates data collection and articulation with producers and retailers. In a meeting held with both, ASSETURC was interested in proceeding with the process to obtain the certificate.
In a meeting held by ASSETURC, the associates expressed their interest in being part of the process, providing their data. This information was recorded in minutes and served as data to compose the GI request process (Figure 7).
Figure 7 - Activities related to the organization of producers by ASSETURC
Source: survey data (2021).
The presence of strong associations with the ability to articulate among producers, such as those of Resende Costa, is crucial for the GI to prosper, as shown by studies by Shiki and Wilkinson (2016). Given the importance of associations to the process, it is recommended to avoid creating associations just to meet INPI requirements.
5th) Proof of notoriety
To prove his notoriety, the student chosen as attorney sought to carry out a historical-cultural survey of the municipality with information obtained from ASSETURC and STAC during the Association's meetings, in the Intangible Heritage Document, in reports from producers and entrepreneurs and in other city archives. This survey represented one of the main sets of data analyzed, as knowing the local history and culture helps to understand the daily lives of residents and, at the same time, brings these residents closer to the person responsible for the research, allowing the establishment of a relationship or collective vision of the conquest project. of GI, as shown in the study by Cerdan et al. (2014). This historical-cultural information from the municipality supported the preparation of the Technical Specifications Book as part of the need to confirm the development of the research through adequate documentation for product registration (Figure 8).
Figure 8 - Activities necessary to prove the product's notoriety
Source: survey data (2021).
6th) Delimitation of the geographic area
The delimitation of the geographical area of the municipality of Resende Costa was also in charge of the attorney. To prove it, the political and road maps were attached to the process, accompanied by the official Declaration of the City Hall, ratifying the borders, the information obtained from the IBGE website (2021) and, also, as required by the INPI, the declaration issued by Economic Development Secretariat of the State of Minas Gerais (SDEEMG) (Figure 9). The delimitation of this area, for a GI, designates the space where the production and/or transformation of the product takes place, and must be precise, justified or argued (Silva et al., 2010).
Figure 9 - Activities necessary to delimit the geographic area
Source: survey data (2021).
7th) Creation of the Identification Seal
The sub-process of creation of the Identity Seal was in charge of ASSETURC. The purpose of the seal is to identify IG products, referring the consumer to the origin of the product location as well as the specific conditions of its manufacture. The idea is that, having this “brand” presented and known, consumers immediately identify the origin of the product, in addition to valuing the local culture, which also serves as a tourist attraction both for the region where the product is made like the neighboring localities. The seal (Figure 10) was presented to the assembly and, after approval, sent to the INPI for registration.
Figure 10 - Seal of Indication of Origin
Source: ASSERTUC (2021, p. 1).
With the registration, the seal was attached to the process (Figure 11). The use of the seal adds value and gives greater credibility to the product/service, thus becoming a market differential due to the characteristics of its place of origin (SILVA, 2014).
Figure 11 - Activities required for approval and registration of the identification seal
Source: survey data (2021).
8th) Elaboration and approval of a use regulation
The use regulation, known as Specifications, Dossier or Technical Regulation, is a document in which the rules are defined and agreed that all producers, located in the delimited area, must follow so that they can use the GI in their products (Brasil, 2018b). This Notebook was prepared by the IG attorney, from September to December 2019, based on information obtained from documents collected during the proof of notoriety phase. After preparation, it was forwarded for approval at the ASSETURC meeting in December 2019 (Figure 12).
Figure 12 - Activities related to the preparation and approval of the use regulation
Source: survey data (2021).
9th) Creation of a regulatory council
The Regulatory Council is a control body, which must be created to verify whether the rules set forth in the Use Regulation are being complied with (Locatelli & Carls, 2014). However, even the form of creation and standardization of this Council must be included in the Technical Specifications. This Board was approved by ASSETURC at the same meeting in which the Technical Specifications Booklet was approved (Figure 13).
Figure 13 - Activities related to the creation of the Regulatory Council
Source: survey data (2021).
10th) Elaboration and approval of the IG request
Once all the requirements for the IG request were met, the attorney organized the necessary documentation to be attached to the process. Based on this documentation, he wrote the petition to be forwarded to the INPI. The documentation was presented at an ASSETURC meeting and approved (Figure 14)
Figure 14 - Activities related to the preparation and approval of the IP request
Source: survey data (2021).
11th) IG Approval Request
Requesting IG approval requires two relevant activities. One is the issuance of payment of the Union Collection Guide (GRU), the proof of which was forwarded to the INPI, so that the request referring to the registration of recognition of the Indication of Origin could be analyzed. The other is forwarding the recognition request to the INPI (Figure 15). Regardless of the date appearing in the GRU, its payment must be mandatorily made before sending the Electronic Form under penalty of not knowing the filed petition (INPI, 2019).
Figure 15 - Activities required to request the IP from the INPI
Source: survey data (2021).
In compliance with INPI/PR Resolution No. 233, of 01/18/2019 (INPI, 2019), for the request made by the Association, the petition was sent electronically to the INPI, together with the following documentation: Technical Specifications; Letter of attorney; Proof of GRU payment; Bylaws registered with the competent body; Registered minutes of the General Meeting with approval of the Bylaws; Recorded minutes of the current Board of Executive Officers taking office; Registered minutes of the General Meeting with the approval of the Technical Specifications Booklet and attendance list; Identity and CPF of the legal representatives of the procedural substitute; Declaration that the producers or service providers are established in the delimited area; Documents proving that the geographic name has become known; and Official instrument, which delimits the geographic area. This request was filed with the INPI through petition No. 870200045052, of April 8, 2020, receiving No. BR4020200000060.
12th) Analysis and opinion of the request
This subprocess is carried out within the INPI. Therefore, there is no way to expand it in the form of activities. After a preliminary examination carried out by the INPI, it was verified the need for the application to comply with the current standard, as required published on April 28, 2020, under code 305, in the Industrial Property Magazine 2573. In compliance with the conformity, on April 9 June 2020, petition No. 870200071762 formulated by the attorney-in-fact was filed in a timely manner.
13th) Issuance of the certificate
The issuance of the certificate is also carried out by the INPI. By verifying the presence of all the documents provided for in art. 7 of IN No. 95/2018 (Brasil, 2018a) and there being no pending issues regarding the preliminary examination, the application was considered suitable for publication for third parties to manifest, which happened on July 14, 2020, in the Revista da Produção Industrial 2584. After this publication, the deadline for manifestation by third parties occurred, which was 60 days, ending on September 11, 2020. As there were no contrary manifestations, the request was examined on the merits and subsequent granting of the certificate in accordance with the provisions contained in in Normative Instruction INPI No. 095, of 12/28/2018 (Brasil, 2018a).
After obtaining the certification, issued by the INPI, the municipality of Resende Costa started to be officially recognized as the “State Capital of Textile Crafts”, granting its looms and producers the legal attributions for the use of such title. This approval was published in the Intellectual Property Magazine on August 10, 2021. This also gives the municipality the quality of a producer and exporter of products so that foreign markets recognize the quality and social, cultural and economic importance of products manufactured in the city of Minas Gerais. It is up to those responsible and involved to comply with legal determinations, so that this record is maintained and that the city's products continue to be prestigious in consumer markets.
The objective of this work was to present an integrated flow of processes adopted for the registration of the Indication of Origin of crafts in manual loom in the municipality of Resende Costa - MG, nº BR402020000006-0, so that one can understand the necessary steps and build the integrated whole , capable of arousing the interest of other locations in adopting these distinctive signs. For this, a qualitative research was carried out with the adopted strategy of action research and document analysis techniques and records of daily work in the environment, with the purpose of creating the main steps to achieve the registration of Geographical Indication called Indication of Origin.
Since the beginning of its foundation, the city has carried out manufacturing and commercialization activities of artifacts produced in mechanical loom in family production systems, which are close to the concept of microenterprise. Through the process of endogenization of space, from the inside out, based on a territorial logic, taking into account the past and culture, the location became a differential, where its looms ended up becoming one of the main pillars of support for your economy. Therefore, recognition of the origin of one or more products is necessary for the location to continue as a source of competitive advantage, as the binomial identity-quality makes the product more appreciated by those who purchase it.
The procedures for registering the Indication of Origin of textile handicrafts in the municipality, in compliance with the legislation in force, can be structured by means of a process map, composed of the following sub-processes: 1) Elaboration of a GI proposal; 2) Mobilization of the local community involved; 3) Definition of the GI and characterization of the product to be protected; 4) Organization of producers in association; 5) Proof of the region's notoriety; 6) Delimitation of the geographical area; 7) Creation of the identification seal; 8) Elaboration and approval of the regulation of use; 9) Creation of the Regulatory Council; 10) Elaboration and approval of the GI request; 11) GI approval request; 12) Analysis and opinion of the request; and 13) Granting of certification.
Regarding the achievement of the proposed objective, it is clear that the presence of a strong association, which in fact represents its members, and the presence of a proxy with technical knowledge can be considered as important elements in this process.
The recognition of the Indication of Origin confers notoriety to the municipality, valuing the place. If well worked by local agents, it increases the potential to attract tourists, increases the flow of products out of the region, strengthens companies and, consequently, contributes to: a) the increase in the number of jobs, generation and circulation of income; b) the reduction of the migratory flow of people, who seek occupational opportunities in large urban centers; c) the emergence of new complementary businesses, such as suppliers of materials, machinery and equipment, hotels, restaurants and leisure, among others; and d) the increase in local tax collection, enabling an improvement in the provision of services by the municipal government.
Such possible benefits arising from the Indication of Source, still, are not likely to be measured, representing a limitation of the research. However, it is imperative that indicators be created capable of measuring and monitoring the process of growth and development of the municipality based on this achievement. This limitation can be considered as possibilities for future research.
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