November 2024
by Andreea Bende and George Irimescu
The recent reform at European Union level of the legislation regarding the protection of geographical indications aims to improve the efficiency of the protection of products whose unique characteristics are linked to their geographical origin. The key points of this reform consist of extending the protection of geographical indications to craft and industrial products, simplifying their registration procedures, creating digital tools and databases that aim to improve the monitoring and administration of geographical indications by facilitating access to information as well as promoting sustainable practices.
On May 13, 2024, Regulation (EU) 2024/1143 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialties guaranteed and optional quality terms for agricultural products entered into force. Its aim is to better protect the authenticity and quality of traditional European products, to simplify the procedures for their registration with the competent authorities, strengthen consumer trust in these, and promote sustainability and biodiversity.
Complementary, Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products entered into force on November 16, 2023, extending the protection of geographical indications to this type of products.
Both regulations are part of the so-called GI reform, which aims to simplify the registration procedures. To this end, the member states have the option to obtain a derogation from the national phase of the registration proceedings concerning geographical indications for craft and industrial products. Furthermore, EUIPO will handle the EU stage.
Other novelties brought by Regulation (EU) 2024/1143 refer to:
- stipulating the conditions under which the geographical indication designating a product used as an ingredient of a processed product may be used in that product’s name, label and advertising material.
- introducing a protection scheme for the so-called “optional quality terms”, of which “mountain product” is expressly regulated.
- underlining that geographical indications are protected against “evocation”, which is mentioned as one of the possible unlawful uses thereof.
- adopting a system of “recognized producer associations”, which may be applied to all producer associations whose members produce a good designated by a geographical indication or to producer groups producing certain categories of goods designated by geographical indications, if said associations comply with the conditions imposed by the Regulation.
- stipulating that geographical indications are opposable rights in disputes concerning domain name registrations and strengthens their protection in online commerce.
An extensive article on this topic is available, in Romanian HERE.
For more details, please get in touch with either Ana-Maria Baciu, Andreea Bende or George Irimescu
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