In Europe, the Geographical Indications (GI) play a crucial role in protecting unique artisanal and industrial products linked to their territory of origin. These GIs ensure product quality, benefiting their producers and generating important value chains and local development. Despite their importance, there was a lack of European harmonization relating to the protection of this type of products in the various Member States. For this reason, on 27 October 2023, a New EU Regulation on the protection of geographical indications for craft and industrial products, entering into force on November 16 of that same year. Producers and manufacturers of these types of products will be able to submit applications for GI protection starting December 1, 2025.
This Regulation, adopted within the Action Plan on intellectual and industrial property, which will complement the one currently available for agricultural, food, and beverage products, will provide a boost to EU artisans, businesses, and consumers. It has been estimated that between 300-800 products protected under national GI protection systems may choose to submit to the conditions set out under this Regulation.
With the introduction of the EU Regulation, December 2, 2026, at the latest, national rights relating to GIs will cease to exist. Member States will have to inform the European Commission and the “European Union Intellectual Property Office"of any existing national name that they wish to have recognized and registered, under the new EU regime, before the above-mentioned date.
The Regulation establishes a standard procedure for applying for protection of Geographical Indications for this type of product. It is divided into two phases:
- First phase: Examination of national applications and opposition procedures by the competent authorities designated by the Member States. If the national authority adopts a favorable decision, the application proceeds to a second phase;
- Second phase: managed by the EUIPO, which will conduct an additional examination, may request additional information, and, if necessary, consult an Advisory Committee. In the event of an objection, a resolution procedure will be carried out.
Member States may request that a competent authority not be designated for the national phase. If approved, producer groups in those Member States may submit your applications directly to the EUIPO (direct registration procedure). The new system is also open to GIs from non-EU countries.
With this new structure, the Regulation establishes a harmonized process for the registration of craft and industrial products. The impact will be highly positive for producers, which will be able to use the official symbol of “protected geographical indication” to certify that their products comply with the corresponding specifications. This will not only increase the visibility of geographical origin and traditional production techniques, but will also strengthen the authenticity and added value of these products on the market.
Finally, it is worth highlighting the significant step taken by the creation of a system for the protection of geographical indications for craft and industrial products at the EU level, thus closing a significant gap in IP protection in Europe.