05 Jul EU proposes new GIs for non-agricultural products
The EU-wide system for the protection of Geographical Indications (GIs) covering wines, spirits and agricultural products has for several years provided an additional effective tool for brand owners to protect and enforce their intellectual property rights. The International Registry under the Lisbon System, which the EU joined in 2019, brought further protection for GIs relating to wines, spirits and agricultural products. The EU has continued to look at ways to enhance and strengthen its GI protection across the EU Member States, which has led to it devising an Intellectual Property Action Plan.
As part of this Action Plan, the EU commissioned a study into aspects of GI protection at EU level for non-agricultural products. Based on the results of the study, the EU announced on 13 April 2022 its proposal for a new GI system to protect European crafts and industrial products.
The proposed new GI system will protect the intellectual property for crafts and industrial products that rely on the originality and authenticity of traditional practices and production from specific regions such as Murano Glass from Italy, Albacete cutlery from Spain, “Porcelaine de Limoges” from France (see image above) and Donegal Tweed from the Republic of Ireland amongst others. Many of these non-agricultural products already benefit from a European (and sometimes global) reputation but producers have lacked a protected EU geographical indication linking their product’s origin and reputation to their quality. There has never been coherent GI system for crafts or non-agricultural products, with many Member States offering local or national protection.
The EU hopes to support development of Europe’s rural regions by providing incentives for producers, especially SMEs, to invest in new authentic products and create niche markets. Regions would benefit from the reputation of the new GIs which will help to retain unique skills that might otherwise disappear. The new system will offer the same level of protection as the existing GIs, while taking into account the different nature of crafts and industrial products.
Accordingly, the proposed system will enable producers to protect the products associated with their region and their traditional know-how, and therefore make it easier for consumers to recognise the quality of such products, placing traditional crafts and industrial goods on an equal footing with existing GIs in the agricultural sector.
The key aspects of the new GI system will be:
- EU-wide GI protection that would help producers protect and enforce IPRs in their products across the EU particularly against the sale of fake goods.
- simple and cost-efficient registration via a two-tier application process. First, at Member State level and the second at EU level when the Member State authority submits application to EUIPO for approval. The registration process offers the possibility for producers to self-declare compliance of their products with the product specifications, making the system lighter and less costly.
- Full compatibility with international GI protection as producers of registered craft and non-agricultural GIs can protect their products in all countries that are signatories of the Lisbon System under WIPO, which already covers crafts and non-agricultural products. Also, it is possible to protect corresponding GIs from third countries within the EU.
The UK similarly will have non-agricultural goods that could benefit from this GI system but as the UK is no longer a member of the EU it will be treated as a third country. GI s for craft and industrial goods must first therefore be protected in the UK before seeking protection at EU level. The UK currently does not have a GI protection scheme for non-agricultural products so until similar measures are adopted in the UK, producers in the UK of non-agricultural goods, such as the British iconic blue and white stripe crockery, Cornishware, created by T.G. Green and inspired by the Cornish skies, will not be able to benefit from this proposed new EU-wide GI protection system.
