Protecting Industrial and Craft Geographical Indications in the European Union

ECON-VII/016
Martine PINVILLE
 Adoption: 14/10/2021
*To promote extending the protection of GIs to include industrial and craft products under an EU Regulation based on the first paragraph of Article 118 TFEU.
*To draw attention to the fact that local and regional authorities in Europe have a wealth of industrial and craft products that are made using knowledge that has often been passed down through the generations, and that promoting and protecting these products in the right way could help to maintain value added and jobs that cannot be outsourced, especially in rural areas, and to protect local heritage.
*To support the introduction of a mandatory European logo so that consumers or customers can recognise or identify these products.
The rapporteur spoke at a Conference on the launch of the EU Geographical Indication (GI) protection system for craft and industrial products on 2 March 2022.

On April 13 2022 the Commission has adopted a proposal for a regulation of the European Parliament and of the Council on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754. The proposal acknowledges the CoR opinion and takes on board its most important recommendations, such as:
The proposal acknowledges the CoR opinion and takes on board the most important points of it, such as:
there is the need for a sui generis system of European-wide recognition of industrial and craft geographical indications (ICGI), that would eventually replace national systems, as a follow-up to joining the Geneva Act of the Lisbon Agreement by the EU;
that the introduction of European ICGIs protection should provide the same level of security for producers and certainty for consumers as it is with agricultural geographical indications;
that the system of assessment and recognition of industrial and craft geographical indications should be similar to the one functioning in the area of agriculture and foodstuffs;
that the logo of ICGIs should be the same as the agricultural and foodstuff one;
that the role of regional and local authorities in the process of ICGI registration should be assured;
that the main drivers behind ICGIs should be local producers' groups;
that cost of registration of ICGI should take the form of a one-off fee and should not deter producers' groups from registering;
that registration process is two-staged with the final stage managed by the European Union Intellectual Property Office.



THE EUROPEAN COMMITTEE OF THE REGIONS
- points out that the WTO (in the Agreement on Trade-related Aspects of Intellectual Property Rights, or TRIPS) and the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which the EU has recently signed, do not distinguish between GIs according to type of product; also considers that the EU's signing of the Geneva Act gives it an obligation to address the issue of protecting ICGIs;
- believes that recognition of ICGIs is relevant to the priorities of EU programmes being developed, including those of the industrial strategy, the Green Deal and the review of trade policy, and also the future of rural areas and development of short supply chains;
- thus favours extending protection of GIs to include industrial and craft products under an EU Regulation based on the first paragraph of Article 118 TFEU;
- believes that local and regional authorities in Europe have a wealth of industrial and craft products that are made using knowledge that has often been passed down through the generations, and that promoting and protecting these products in the right way could help to maintain value added and jobs that cannot be outsourced, especially in rural areas, and to protect local heritage;
- points out that under a common system for all GIs it will be necessary as far as possible to draw on the experience with agriculture and foodstuffs, and to opt for a harmonised approach combining aspects of the different regimes;
- believes that a transition period will be needed for Member States that already have a system of protection so as to allow GIs previously registered at national level to be adapted and incorporated into the new EU system;
- considers it essential to use a mandatory European logo so that consumers or customers can recognise or identify these products;
- notes that an EU Regulation for ICGIs would allow them to be included in the list of products covered by EU trade agreements with third countries, and thus guarantee their protection in key markets.