Council approves EU Regulation for Non-Agri Geographical Indications

Earlier today, the Council has approved the new Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. The adopted text, discussed by The IPKat here and here, is available at this link. The Regulation introduces an EU-wide system of GI protection for products such as cutlery or ceramics, a system that will be managed by the European Union Intellectual Property Office (EUIPO).

The Regulation also responds to the EU’s international obligations under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The Geneva Act requires the EU to allow the registration of both agricultural and non-agricultural GIs from third countries. The new Regulation will also simplify the EU’s trade agreements with countries such as India, where non-agricultural GIs are predominant.

In the upcoming days, the Regulation will be signed by the Presidents of both the Parliament and the Council, then published in the Official Journal. The Regulation will enter into force twenty days after its publication. The new system will be applicable two years after that date.

In the meantime, this Kat has compiled a short selection of materials for those who want to be up to date with new non-agri GI system:

• on the French non-agri legislation that inspired EU legislators, check this free certificate training delivered by a representative of the French IP Office. The IPKat also covered the tumultuous registration path of Laguiole knife, one of the French non-agri GIs, here. For a scholarly perspective on the various national systems that led to the EU-wide one, see here.
• on the preparatory steps taken by the EU before adopting the new system (studies, consultations, impact assessments), see here. The EU commissioned two exhaustive studies, in 2013 and in 2021, discussing various legal mechanisms that could be used for non-agri GIs. Annexes to the 2013 Study identify some 260 craft and industrial products that will be potentially registered as GIs: this might be especially relevant for private practitioners that would either assist in registration of GIs or represent trade marks conflicting with such GIs.
• on the Geneva Act of the Lisbon Agreement and the workflow for protecting EU GIs abroad, see a free certificate training here.

The new Regulation opens a new chapter in the EU GI system and this Kat cannot wait to see the first applications reaching the EUIPO.