Geographical indications are intellectual property rights used to protect products that are connected with a specific geographical area. The protection of geographical indications gives protection to the both sides. On the one hand, consumers are protected from being misled regarding the origin of the product, while on the other hand, producers from a particular region are enabled to protect the reputation, knowledge, and quality associated with that place.
Usually, the protection of geographical indications relates to agricultural products, wines, and alcoholic beverages, but the European Union also has a separate legal framework for craft and industrial products.
Geographical indications for craft and industrial products are regulated by Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products. Craft and industrial products may be protected as protected geographical indications when a particular characteristic of the product is essentially attributable to its geographical origin.
For a product name to qualify as a geographical indication, the applicant must prove that there is a clear link between the product and the geographical area, whether through the area itself, the method of production, or the product specification. The application is most often submitted by a group of producers, although in certain cases it may also be submitted by an individual producer.
EUIPO has a leading role in the registration of geographical indications for craft and industrial products. Applications may be submitted through the GIportal, after which the applied or registered names are entered in the Union Register of geographical indications for craft and industrial products, which is maintained by EUIPO. The procedure may include examination, publication, opposition, registration, cancellation, and appeal. After registration, every producer located in the defined area and complying with the product specification may use the protected geographical indication.
The scope of protection granted by a registered geographical indication is significant. The protected name may not be used for products that do not originate from the specific geographical area. The protection also applies to misuse and imitations that may mislead consumers.
Cancellation is also an important part of the system. The registration of a geographical indication may be cancelled if it no longer complies with the product specification or if the product is no longer placed on the market under the registered name. Decisions of EUIPO may also be subject to appeal, which provides procedural protection to the affected parties. In this way, the EU legal framework establishes a balance between the protection of regional producers and the interests of competitors, consumers, and holders of earlier rights.