Wine Law

522 WINE LAW product whose carbon dioxide comes exclusively from its alcoholic fermentation and a level of pressure between 1 and 2.5 atmospheres [Art. 3(3)(9)]. Today, there are no geographical indications 57 for wines in Venezuela. Until the date of writing this paper, there were only three Controlled Designation of Origin registered in SAPI, two of them referring to alcoholic beverages. Indeed, besides to Cacao de Chuao 58 , Cocuy de Pecaya 59 and Ron de Venezuela 60 , which are Controlled Designation of Origin, Ají Margariteño , Cacao Carenero Superior , Cacao de Caripito , Cacao de Cajigal and Cocuy de Lara are currently in the process of obtaining this protection. One fact worth bearing in mind is that the Law on Industrial Property prohibits the adoption or registration of geographical names as trademarks [Art. 33(5)]. The SAPI admits that the Controlled Designation of Origin is not regulated in Venezuelan Law and that its validity was due to the Andean Community rules. Nowadays, its legal basis is found, according to the SAPI, in the constitutional recognition of intellectual property 61 and in the previously rejected Paris Agreement, which “when approved by a national Law is an integral 57 About geographical indications in Venezuela, see: Chacón Gómez, Nayibe, Las indicaciones geográficas en Venezuela al margen de la Ley, in: Revista Propiedad Intelectual , 2014, Year XII, No. 17, pp. 105 ff. 58 D-0000002 valid until 1 June 2011. Renewed by Resolution No. 0287, 22 May 2001, Industrial Property Bulletin No. 568, 14 November 2016. “Following the classification standards approved in the 4th International Conference on Cacao Research held in Trinidad from 11 to 18 January 1967, the types of Cacao that are currently cultivated in Venezuela are the following: Creole type or genetically close to the Creole, its pod is elongated, with a thin shell and almond rounded. This group includes the Porcelain type, it is a special type of white almond, medium-sized cob and thin shell. Forastero Type, which is a purple almond cocoa, pod of variable shape and roughness. And selections made from known and approved hybrid progeny in field experiments”. Servicio Autónomo de la Propiedad Intelectual [SAPI], Denominación de Origen Controlada en Venezuela , Caracas, SAPI, 2019, p. 34. 59 D-0000001 valid until 1 June 2011. Renewed by Resolution No. 239, 10 November 2016, Industrial Property Bulletin Np. 568, 14 November 2016. “Cocuy de penca or cocuy de pecaya is a drink obtained from the fermented and subsequently distilled musts of the Agave Cocui described by Trelease, with 50 alcoholic degrees, with a slight smoky flavor and characteristic smell of baked stalk, its originality lies in the careful selection of the mature plants and in the way they are harvested, baked and the heads are processed according to the COVENIN Standard 3662 Cocuy Pecayero”. SAPI, Denominación de Origen Controlada en Venezuela …, op . cit ., p. 46. 60 Resolution No. 798, 15 August 2003. Renewed in 2019. Although it has not been published yet in the corresponding Industrial Property Bulletin, the renewal was announced by SAPI : http://sapi.gob.ve/todo- listo-para-entrega-de-certificacion-de-doc-a-ron-de-venezuela/; “Controlled Designation of Origin Ron de Venezuela has twelve (12) national companies and fifty-four (54) products protected in this DOC, which have obtained various international awards and recognitions (…)”. SAPI, Denominación de Origen Controlada en Venezuela …, op . cit ., p. 38. 61 Article 98 of the Constitution: “Cultural creation is free. This freedom includes the right to investment, production, and dissemination of creative, scientific, technological and humanistic work, including the legal protection of the rights of the author over their works. The State will recognise and protect the intellectual property over scientific, literary and artistic works, inventions, innovations, names, patents, trademarks and slogans in accordance with the conditions and exceptions established by law and international treaties signed and ratified by the Republic in this matter”.