The reform of the EU protection for geographical indications
On 23 April 2024, the European Parliament and Council passed Regulation (EU) 2024/1143 on geographical indications (GIs) for wine, spirit drinks, agricultural products, and traditional specialties. This regulation, directly applicable across the European Union as of 13 May 2024, aims to streamline and strengthen GI protection in the EU's agri-food sector and address identified limitations to boost consumer awareness, enforcement, and sustainability integration.
A study by the European Commission in December 2021 highlighted the existing efficiency of GI regulations but also identified areas for improvement, such as limited consumer awareness, enforcement issues, and gaps in environmental and animal welfare integration. Updating these regulations is expected to boost the economy, combat counterfeiting, and promote employment and tourism.
The new regulation introduces significant changes which can be summarized as follows:
Geographical Indications Registration: It simplifies the registration process, comprising two phases (a national phase, examining the application and possible opposition at a local level and a Union phase where the European Commission remains solely responsible).
Protection: The regulation prohibits the registration of generic terms as GIs and broadens protection against homonymous indications.
The role of Producer Groups: Producer groups gain more authority to manage and develop GIs, including measures against harmful practices and the promotion of sustainability initiatives.
Online Protection: The regulation now explicitly extends protection to products sold online and empowers the European Union Intellectual Property Office (EUIPO) to manage a domain name alert system to prevent infringement.
Protection Against Misleading, Imitation, Dilution or Detrimental Use: It protects GIs against unlawful uses, including direct or indirect commercial use, misuse, or evocation, ensuring the authenticity and reputation of GI-labeled products.
Processed Products and Prepacked Food: Specific protections are introduced for the use of a protected designation of origin or protected geographical indication as ingredients, ensuring their proper labeling, imposing information obligations to the producer group in charge and preventing misleading practices.
Optional Quality Terms: The regulation establishes a protection scheme for optional quality terms, facilitating communication of product attributes and enhancing value for consumers.
Sustainability Integration: It encourages sustainable practices within GIs, allowing producer groups to introduce stricter rules and publish sustainability reports as part of the product specification to promote environmental, economic, and social sustainability.
These reforms offer practical benefits for producers, consumers, and the economy as a whole. Streamlined registration procedures reduce administrative burdens for applicants, fostering higher turnover and increased GI registrations. Improved enforcement and consumer awareness combat counterfeit products, ensuring the authenticity and quality of GI-labeled goods. Furthermore, the integration of environmental and animal welfare considerations aligns with evolving consumer preferences and sustainability goals.
