On December 3rd, the European Union Intellectual Property Office (EUIPO) published a “STUDY ON EU MEMBER STATES´ POTENTIAL FOR PROTECTING CRAFT AND INDUSTRIAL GEOGRAPHICAL INDICATIONS”. Finalized by the Law Firm DE TULLIO & PARTNERS, supported by oriGIn, KPMG Tax & Legal and the University of Alicante, the study evaluates Member States’ preparedness and interest in the new system for the protection of craft and industrial Geographical indications (CI GIs). The full study can be downloaded here: EU Member States’ potential for protecting craft and industrial Geographical Indications – EUIPO
The Study has the objective to provide an updated overview on the current legal framework for the protection of the names of geographically rooted craft and industrial products and to assess if, and to what extent, there is a local interest in the protection of CI GIs.
GIs provide intellectual property protection for product names that derive unique qualities, reputation, or characteristics from their geographical origin. While the European Union (EU) established a GI sui generis protection scheme for wines, spirits, agricultural products and foodstuffs, a harmonised protection system for craft and industrial products (such as jewellery, textiles, glass, porcelain, etc.) at the EU level was lacking. This gap was addressed with the adoption of Regulation (EU) 2023/2411 (the “CIGI Regulation”) on October 18, 2023, which entered into force on November 16, 2023, and will be fully applicable from December 1, 2025. The Regulation introduces comprehensive protection for geographically rooted craft and industrial products, such as textiles, glass, and porcelain.
Between February and June 2024, as part of this Study, a comprehensive survey was conducted using semi-structured questionnaires distributed to public authorities and private sector representatives across all EU Member States. The survey aimed to collect data on various aspects, including the level of interest in GI protection for craft and industrial products, the readiness of producers to apply under the new framework, and the plans of public institutions for managing the national registration phase.
The analysis of the survey results revealed several key insights. Within the private sector, the majority of respondents were micro-enterprises, highlighting the craft and industrial sector’s characteristic small-scale, traditional production methods. While there is considerable interest among producers of craft and industrial products in seeking GI protection, many are not organized into associations and lack the formalized production standards (such as detailed product specifications) necessary to support GI applications.
As the public sector is concerned, certain Member State authorities indicated that their country might seek to opt-out from the obligation to designate a national authority for the national phase of the registration process of craft and industrial GIs (Article 19 of the CI GI Regulation). The European Commission may grant this possibility to Member States lacking a national sui generis system for CI GIs and who are able to demonstrate a low local interest in protecting GIs for craft and industrial products. If granted, producers in those Member States may apply directly to the EUIPO (Article 20).
Moreover, the analysis of the legal frameworks across the 27 Member States reveals a fragmented approach in the protection of the names of geographically rooted craft and industrial products.
The study also provides a compilation of existing titles and pending applications of CI GIs at national level that will cease to exist by 2 December 2026 (132 names), as well as a list of product names potentially protectable under the new system in the 27 EU Member States (380 names).
