|Author (Corporate)||European Commission: DG Internal Market Industry Entrepreneurship and SMEs|
|Series Details||COM (2022) 174|
|Content Type||Blog & Commentary, News, Policy-making|
Legislative initiative tabled by the European Commission on 13 April 2022, setting out a framework on geographical indication protection for craft and industrial products and introducing amendments to Regulation (EU) 2017/1001, Regulation (EU) 2019/1753 and Council Decision (EU) 2019/1754.
Regulation (EU) 2017/1001 established EU-wide rules and conditions for the granting of an EU trade mark (EUTM). Regulation (EU) 2019/1753 established rules and procedures concerning EU action following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. Council Decision (EU) 2019/1754 approves the EU's accession to that same Geneva Act.
EU law protects geographical indications (GIs) for agricultural products and foodstuffs, wines and spirit drinks. However, there is no EU-wide mechanism to protect the names of craft and industrial (CI) products that rely on the originality and authenticity of traditional practices from their regions. Some Member States established national protection systems, but others use only trade marks and/or rules on unfair competition to protect intangible assets. There is no cross-border system mutually recognising national protection systems. Using trade mark protection does not enable producers of industrial and handicraft products to certify at EU level the link between quality and geographical origin that signals qualities attributed to specific local skills and traditions.
The proposed Regulation aims at establishing a directly applicable GI protection for CI products at EU level. It aims at improving the position of producers against counterfeiting and to give them incentives to invest into these products. It also aims to improve the visibility of authentic CI products on the markets. The draft law is based on the specific GI protection, which implies that producers and public authorities collaborate on developing products specifications. The proposal aims to ensure that producers can benefit from the international framework for the registration and protection of GIs.
The draft law was adopted by the European Commission on 13 April 2022, following up on the 2020 Intellectual Property Action Plan. The Council of the European Union adopted a general approach to this file on 1 December. The European Parliament's relevant committee adopted a negotiating position on 28 February 2023, which was confirmed in plenary on 15 March. An informal agreement between the co-legislators on a compromise text for this proposal on 2 May.
|Subject Categories||Business and Industry, Geography, Internal Markets|
|Subject Tags||Intellectual Property|
|Keywords||Geographical Indications (GI)
|International Organisations||European Union [EU]|