Decree Nº 4062, Of 21 December 2001

Original Language Title: Decreto nº 4.062, de 21 de Dezembro de 2001

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DECREE NO 4,062, DE December 21, 2001

Defines the expressions "cachaça", "Brazil" and "Brazil's cachaça" as geographical indications and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso IV, of the Constitution, and in view of the provisions of art. 22 of the Agreement on Aspects of Intellectual Property Rights related to Trade, approved, as an integral part of the Marrakesh Agreement, by Legislative Decree no 30 of December 15, 1994, and promulgated by the Decree no 1,355, of December 30, 1994, and in the arts. 176 a to 182 of Law no 9,279 of May 14, 1996,

DECRETA:

Art. 1o The name "cachaça", source vocator and exclusively Brazilian use, constitutes geographical indication for the effects, in international trade, of art. 22 of the Agreement on Aspects of Intellectual Property Rights related to Trade, approved, as an integral part of the Marrakesh Agreement, by Legislative Decree no 30 of December 15, 1994, and promulgated by the Decree no 1,355, of December 30, 1994.

Art. 2o The geographical name "Brazil" constitutes geographical indication for cachaça, for the effects of the Law no 9,279, of May 14, 1996, and for the purposes, in trade international, from art. 22 of the Agreement referred to in art. 1o.

Single Paragraph. The geographical name "Brazil" may be in geographical indication for other products and services to be defined in act of the Executive Power.

Art. 3o The protected expressions "cachaça", "Brazil" and "Brazil's cachaça" can only be used to indicate the product that meets the general rules set out in the Lei no 8,918, of July 14, 1994, and in Decree no 2,314 of September 4, 1997, and on the other specific standards applicable.

§ 1o The use of the protected expressions "cachaça", "Brazil" and "Brazilian cachaça" is restricted to the producers established in the Country.

§ 2o The producer of cachaça which, by any means, uses the expressions protected by this Decree at odds with this article will lose the right to use it in its products and in any means of disclosure.

Art. 4o The Exterior Chamber of Commerce shall approve the Regulation of Use of Geographical Indications provided for in this Decree according to technical criteria defined by the Ministries of Development, Industry and Foreign and Agricultural Trade, Livestock and Supply within the framework of their respective competences.

Art. 5o This Decree goes into effect on the date of its publication.

Brasilia, December 21, 2001 ; 180the of Independence and 113o of the Republic.

FERNANDO HENRIQUE CARDOSO

Sergio Silva of Amaral