On 27 October 2023, the European Commission published a regulation on geographical indications for craft and industrial products.

The regulation establishes comprehensive EU protection for geographical indications (GIs) in craft and industrial (CI) products, safeguarding the IP rights of registered GIs. It seeks to help producers to protect the names of geographically linked CI products, enabling them to compete in niche markets while preserving local skills and traditions.

The regulation comes into effect on 16 November 2023 and will apply from 01 December 2025.

The regulation

A GI is a designation that signifies a product’s geographical origin and its associated quality or reputation attributed to that origin. Until now, there was no EU-wide mechanism for safeguarding the GIs of non-agricultural products, with only 16 Member States having set national-specific protection systems for GIs in CI products. The new EU regulation includes CI products, such as natural stones, textiles, jewellery, porcelain and woodwork, providing protection for their names.

This regulation aims to help producers in safeguarding the names of region-specific CI products, allowing them to compete while preserving unique local skills. Although it applies to all types of producers, it focuses on supporting SMEs and microbusinesses. It also promotes development in Europe’s rural regions by encouraging producers to invest in new authentic products and offer enhanced consumer information.

Application process

The regulation establishes a straightforward cost-effective two-phase application process to register GIs for CI products: producers submit their GI applications to competent authorities in their relevant EU Member State. These authorities then forward successful applications to the European Union Intellectual Property Office (EUIPO) for evaluation and approval.

If a Member State has not established a national system for GI protection, they can request a derogation from the abovementioned standard procedure. If the Commission agrees, producers from these Member States can then apply directly via the EUIPO through a direct registration procedure.

The EUIPO will assume full responsibility in managing the registration process for this new IP right. The EUIPO will also develop an IT system with various tools, including the GIPortal (an e-filing and management system), the Union Register for GIs for CI products and the existing GIview database.

The regulation comes into effect on 16 November 2023 and will apply from 01 December 2025.
 

Background information

• Regulation on Geographical Indications in Craft and Industrial Products
• Intellectual Property Action Plan