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13 September 2023TrademarksSarah speight

Glass, tweed and lace: EU rubber-stamps GIs for local crafts

European Parliament agrees to offer geographical indication protection for locally made goods | Up to 500 products currently stand to benefit from both EU and international GI status.

After months of negotiations, geographical indication (GI) protection for non-agricultural crafts and industrial products made within the EU has finally been given the green light.

The new regulation, which is currently thought to offer GI protection for up to 500 regional EU goods, was confirmed almost unanimously in a plenary session of the European Parliament and the European Council yesterday, September 12.

In a press conference held minutes after the vote was cast, Marion Walsmann—rapporteur for the new GI rules—said the aim of the new regulation is to support EU member states’ cultural traditions and craft manufacturing.

Products such as Murano glass, Donegal tweed and Solingen  cutlery will receive GI protection—both in the EU and globally—under the new regulation.

As well as glass, textiles and cutlery, protection will extend to natural stones, woodwork, jewellery, lace, porcelain, and hides and skins, according to the European Parliament.

“I think the time has come to ensure that this system of protection exists,” Walsmann said, noting that only wines, spirits and agricultural products such as Parma ham and Champagne have benefited from GI protection since 1992.

Delayed implementation

However, the new regulation won’t kick in until January 1, 2025, to allow EU authorities to put the required measures in place and because “we didn't want to put too much pressure on the national authorities”, explained Walsmann.

She explained that the EU is establishing a new system of protection whereby producers don't have to go through individual applications or procedures, but can just make one registration or submit one request for Europe-wide protection for the geographical indication protection of their products.

Qualifying criteria

To qualify for protection, three conditions must be complied with. A product has to be manufactured or produced in a given region, locality, country, or come from that geographical location.

Certain quality requirements must be met, such as the product’s appearance or special manufacturing techniques that are specific to a given region.

Finally, the product must undergo one production step in that region.

Since most craft and industrial products are produced by micro, small and medium enterprises (MSMEs), whose products have particular importance for the regional economy, the new rules are especially relevant to them, explained Walsmann.

MSMEs will receive support from “all authorities” in compiling the application, and will benefit from reduced fees. “That was pretty important to us,” she added.

More broadly, it is hoped that the new regulation will encourage MSMEs to invest in new authentic products, help producers retain unique skills and ultimately boost tourism and jobs.

The new regulation will have “a positive economic impact on MSMEs by strengthening competitiveness, and it would have a general positive impact on employment, development and tourism in rural and less developed regions,” said the adopted text.

An ‘efficient’ system

There will be variable application processes and fees according to each region, but the new system—which requires just one single document in the application process—“promises to be very efficient”.

Rather than two parallel systems, it will be a “further-reaching system of protection” and “producers or manufacturers won’t have to use new procedures”. Member authorities will simply need to inform the European Commission before an EU trademark or label can be used for their products, either online or offline.

“There are lots of products, as we know, with all kinds of labels in terms of how genuine they are, but there's very little that's uniform,” explained Walsmann.

“We will have this stamp saying that the product is a genuine product from a given geographical region and has been manufactured or produced locally.

“Tourists or retailers will know they are dealing with a genuine and authentic product.”

The two-stage application procedure will be “relatively cheap and digital”, with only a single document required. First, registration at a national level is made with the relevant authorities in an individual member state. If there is no opposition, then the application is passed to the EUIPO, with a manufacturers’ or a producers’ association conducting further checks before the EUIPO can stamp its approval.

The EUIPO also has authority to ensure that GI protection applies internationally under the Geneva Act of the Lisbon Agreement.

MEPs have long been calling for EU-wide protection of locally made products. The European Commission published its proposal for non-agricultural regulation in March 2022 (alongside a parallel proposal to reform the GI system for wines, spirits drinks and agricultural products).

This year, further progress was made. The EU Legal Affairs Committee (JURI) agreed on a draft mandate in February, followed by a provisional agreement made in May between the European Parliament and Council.

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