The GUARANÁ POWER softdrink is produced by a guaraná farmers’ cooperative from Maués in the Brasilian Amazon, in collaboration with Superflex. The farmers have organised themselves in response to the activities of the multinational corporations Xxxxx and XxxxxXx, a cartel whose monopoly on purchase of the raw material has driven the price paid for guaraná seeds down by 80% while the cost of their products to the consumer has risen.

The intention with GUARANÁ POWER is to use global brands and their strategies as raw material for a counter-economic position, and to reclaim the original use of the Maués guaraná plant as a powerful natural tonic, not just a symbol.

GUARANÁ POWER contains much more original Maués guaraná for energy and empowerment.

GUARANÁ POWER

TED Legal case study: Guarana
Globalization is commonly viewed as a way to expand markets and improve the livelihood of those involved. This may not have been the case for guarana growers in Brazil where the price for guarana has reportedly fallen by 80% since the onset of globalization and the consolidation of that market. In an attempt to help counter the monopolistic measures a Danish artist group called Superflex has begun to assist local farmers in creating their own drink brand called Guarana Power. Superflex’s goal is to empower impoverished communities using the tools of commerce. The group claims they “employ global brands and their strategies as raw material for a counter-economic position.”(6)

The new logo for Guarana Power is a guarana power sticker pasted over an Antarctica label. The company claims that under the Agreement on the Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), as well as the Madrid Protocol, they are entitled to global trademark protection for their label. This has led to some issues over the legality of Guarana Power’s label in the international arena.

The issue between AmBev and the Superflex sponsored Guarana Power is an interesting case of a potential clash between multinational powers and small community organizations. As trade expands there is a movement to compete and survive in a globalizing world which seems to favor the monopolistic giant. It is also a case of trademark protection in an ever-expanding market. In addition there is the local Guarani tribe who’s historic and cultural ties to the use of the Guarana berry may have been exploited for the economic gain of corporations such as AmBev. Guarana Power is an example of a force that is striving to retain this identity and the rights to control their social and cultural identity.