Today, Regulation 2024/1143 enters into force. This marks an important step in the review of the framework around geographical indications within the European Union.
EU member states nurture a rich and diversified heritage of local delicacies and beverages. Products such as French Champagne, Italian Parma ham and Greek Kalamata olives enjoy international recognition and contribute to the EU’s reputation for food and gastronomy.
The new regulation underscores the EU’s commitment to protecting and promoting this heritage. A more robust policy on geographical indications ensures the integrity of these products and also provides consumers with additional assurance as to the origin and quality of their purchases.
Geographical indications, what is that?
Geographical indications are intellectual property rights that provide legal protection for names of products with specific characteristics, qualities or a specific reputation AND which are linked to their area of production. In addition to protection against copying or fraud, this type of intellectual property right also guarantees that the products have been manufactured according to the quality standards established in the region of origin.
Purpose of new regulation
Instead of creating an entirely new legislative framework, Regulation 2024/1143 focuses on modifying certain aspects of existing frameworks. The main adjustment is to go to one comprehensive text. Unlike the previous scheme where geographical indications for wines, spirits and agricultural products were regulated separately, a single regulation will now for the first time cover geographical indications for these different product categories. Furthermore, we are also moving procedurally toward a uniform approach, which will make the process (for obtaining and protecting, among other things) of geographical indications more efficient.
Improvements new regulation
This new regulation brings some improvements, including:
- A stronger role for producer groups: they are given certain powers and responsibilities for managing their geographical indications, including representing their members in intellectual property enforcement networks. This enables them to prevent or fight harmful measures – such as devaluing marketing practices and price cuts – to protect the image and value of their products;
- Better protection of geographical indications, including online: national authorities should take administrative and judicial steps to prevent or stop illegal use of geographical indications both offline and online. Consider, for example, the illegal use of geographical indications in domain names. Access to this should be blocked via geoblocking. EUIPO has set up a domain name information and alert system for this purpose;
- enhanced protection of the use of protected products as ingredients: the new rules require that a geographical indication can only be included as an ingredient in the name, labeling or advertising of a product if the protected ingredient is present in sufficient quantities to give the product an essential characteristic, and, no other ingredient similar to the protected ingredient is used. It is also required that the percentage of the ingredient appears on the label, and that producers inform the recognized producer group of the protected ingredient. The latter may make recommendations on the proper use of the protected ingredient if necessary;
- a competitive advantage for producers: namely, they can more easily market their product and thus increase sales.
Do you have any specific questions about this or wish to protect your product through a geographical indication? Feel free to contact us , our team will be happy to help you.
