Quality marks, such as geographical indications and designations of origin, play a key role in protecting and promoting the origin, traditions, and unique characteristics of many typical products within the EU.
Geographical indications like “Irish whiskey,” “Bavarian beer,” and “Tuscan wine” safeguard these registered products from misuse or imitation of their names, ensuring their authentic origin. With the expansion of the EU’s free market, it has become increasingly necessary to uniformly protect products based on their geographical origin. This makes it easier to identify them, guarantees their quality, and ensures their originality.
On April 23, 2024, Regulation (EU) 2024/1143 of the European Parliament and of the Council on geographical indications for wines, spirits, agricultural products, and foods with traditionally specific characteristics was published in the Official Journal of the EU. This regulation amends Regulations (EU) No. 1308/2013, (EU) 2019/787, and (EU) 2019/1753, and repeals Regulation (EU) No. 1151/2012. It should be noted that these objects do not fall under the framework of the Law on Trademarks and Geographical Indications in Bulgaria, meaning the regulation will apply directly in the country.
Starting May 13, 2024, changes within EU intellectual property legislation will consolidate the regulations and procedures governing geographical indications into a single framework. This aims to streamline the registration process for geographical indications, enhancing efficiency. The move demonstrates the EU’s commitment to supporting the intellectual property rights of producers across the Union.
Key Changes Under the New Regulation
- Introduction of a Single Legal Framework and Simplified Registration Procedure:
The various rules for the registration and protection of geographical indications in the food, wine, and spirits sectors are unified into a single, streamlined procedure for applicants both within and outside the EU. This simpler legal framework, with shorter registration timelines, is expected to increase the appeal of geographical indication schemes, particularly for producers in countries with fewer GIs. - Enhanced Protection for GIs in Ingredients and Online Sales:
The new rules extend protection to geographical indications used as ingredients in processed products and GI products sold online. Additionally, the regulation ensures that geographical indication names are safeguarded within the domain name system by obliging Member States to block domain names that could infringe on a GI name. - Recognition of Sustainable Practices:
Manufacturers can now label their products in accordance with environmental, social, or economic sustainability practices (such as ESG policies), including standards for animal welfare. - Powers of Producer Groups:
The new rules allow Member States to establish a voluntary system for recognizing groups of GI holders. These groups will have the authority to manage, enforce, and develop their geographical indications, helping to standardize practices and increase the relevance of the GI system.
Enforcement and Oversight
Enforcement of geographical indications remains the responsibility of individual Member States. This includes monitoring the correct use of registered names and combating fraud in the production, sale, and use of GIs. At the EU level, the Commission will continue to handle the registration, amendment, and deletion of geographical indications.
In addition, the EUIPO will be tasked with establishing and maintaining a Union Register of Geographical Indications, similar to the existing EU Trade Mark Register. The regulation provides a uniform procedure for the registration and protection of GIs across the EU.
Image: travnikovstudio, Canva Pro
