On April 13, the European Commission presented the first ever EU framework to protect the intellectual property of European craft and industrial products. The framework will cover products such as Murano glass, Donegal tweed, Porcelaine de Limoges, Solingen cutlery and Boleslawiec pottery – in other words, products that rely on the originality and authenticity of traditional practices from their regions.
The proposal draws on the success of the geographical indication (GI) system for agri-products and will help producers better protect, in Europe and beyond, their craft and industrial products as well as their traditional know-how. The regulation will help consumers recognise the quality of such products and make better informed decisions, notably through an EU quality label.
How will the EUIPO be involved?
The EUIPO and Member States’ designated authorities will play a key role in the system proposed by the European Commission.
The new scheme will enable a simple and cost-efficient registration of GIs by establishing a two-level application process. This will require producers to file their GI applications to designated Member States’ authorities, who will then submit successful applications for further evaluation and approval to the EUIPO.
A direct application procedure to the EUIPO will also be possible for Member States that do not have a national evaluation procedure in place.
Background
For the first time, craft and industrial products will benefit from geographical indications (GIs) as an intellectual property right at EU level. It will therefore allow full compatibility with international GI protection by enabling producers to protect their products in all countries that are signatories of the Geneva Act on Appellations of Origin and Geographical Indications under the World Intellectual Property Organisation (WIPO).
Finally, it supports the development of Europe’s rural economies and regions by providing incentives for producers, especially small businesses, to invest into new authentic products and create niche markets.
This regulation proposal follows the European Commission’s Intellectual Property Action Plan adopted in November 2020, in which it announced that it would consider the feasibility of a GI protection system for craft and industrial products at EU level.
Article first published here