This study provides a detailed analysis of the scope of the provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) regarding the protection afforded to geographical indications (GIs) and the flexibilities available under this Agreement.^[1] Sections I to IV of this study provide a brief overview of the flexibilities available regarding the protection of GIs, in light of the Preamble, the general principles, and the articles that specifically refer to GIs.

Sections V and VI analyse whether Latin American integration schemes made effective use of the TRIPS flexibilities when implementing multilateral commitments in regional regulations. Section V examines the Andean Community of Nations (CAN), and Section VI discusses the Southern Common Market (MERCOSUR).

Section VII presents an analysis of the effective use of TRIPS flexibilities by selected Latin American countries, including Argentina, Brazil, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Mexico, Paraguay, Peru, and Uruguay. in the incorporation into national legislation

The comparative analysis shows that flexibilities have been used effectively, but not uniformly, with notable differences between countries.

^[1] This is a follow-up to the line of work proposed in the comparative study “Collective Distinctive Signs in Latin America: Promoting Development. Valuing Origin and Quality”. https://sipla.ip.mpg.de/en/publications/details/distinctive-signs-for-collective-use-in-latin-america-development-promotion-by-valuing-origin-and-quality-english-version.html