Protection of geographical indications has been established at EU level for wines and spirits as well as agricultural products and foodstuffs - however, at present, only the aforementioned product categories enjoy this special protection. From December 1, 2025, the scope of protection of geographical indications will be extended to craft and industrial products1. In the future, for example, natural stone, glass, porcelain, woodwork and skins will also be covered by the protection of geographical indications at EU level.
1. The protection is provided by Regulation 2023/2411, which was adopted on October 18, 2023. The regulation entered into force on November 16, 2023, but will only apply from December 1, 2025, with a few exceptions.
The extension of the scope of protection of geographical indications is part of the implementation of the European Commission's Intellectual Property Action Plan. The regulation creates a directly applicable protection of geographical indications for craft and industrial products, which, among other things, will help to ensure the quality and authenticity of craft and industrial products sold in the EU.
What is a geographical indication?
When a product from a specific geographical area has special characteristics, quality, reputation or similar distinctive features that are directly linked to that area, it can be protected with a geographical indication. Examples of Danish registered geographical indications include the cheese type Havarti and the geographical area Dons, where wine is produced.
Products covered by a registered geographical indication are protected against misuse or imitation of the registered name. If a product does not come from the specific place, the registered geographical indication cannot be used - regardless of whether the product in question may have the same quality or characteristics. This creates an intellectual property right for the specific products protected by the GI rules. Furthermore, it ensures that there is no doubt about the origin of the product and thus the characteristics or reputation associated with it.
Since a registered geographical indication is an intellectual property right linked to a specific geographical location, there are limited possibilities to obtain exclusive rights to use the GI. It will then be very difficult to get a geographical indication registered as a trademark.
Requirements for the registration of geographical indications for craft or industrial products.
A craft or industrial product can obtain protection as a registered geographical indication and thus obtain protection at EU level if, according to the new EU regulation, the product in question meets the following requirements1:
- The product must originate from a specific place, region or country
- The specific qualities, reputation or other characteristics of the product must be mainly attributable to its geographical origin
- At least one of the production steps of the product must take place in the defined geographical area.
If these requirements are met, after December 1, 2025, producer groups will be able to apply for protection of the geographical indication in question for the craft or industrial product concerned. Producers alone will also be able to apply in some cases, and designated authorities or private entities will be able to apply for the protection.
Registration procedure
The procedure for registering a geographical indication for a craft or industrial product is divided into two phases, which will take place at national and EU level respectively2.
1. However, products contrary to public policy are excluded from protection, cf. Art. 6(2).
2 The European Commission may exempt Member States from the national phase of the registration procedure if specific conditions are met - See in relation to this Art. 19-20.
An application for registration must, among other things, be accompanied by a product specification demonstrating that the requirements mentioned above are fulfilled. The application must be submitted to the authority designated to handle the national phase of the registration process in Denmark. The authority will then ensure that the applicable requirements are met and that the necessary documentation is attached. Next, the national authority will publish the application, after which anyone with a legitimate interest can object to the application. Finally, a decision on the application is made at national level.
The national authority must then submit the application to the European Union Intellectual Property Office (EUIPO) if the authority's decision is positive. From this point on, a Member State may also grant the geographical indication temporary national protection, which ceases once the EUIPO has adopted a final decision on the application.
After the application has been filed with the EUIPO, the decision from the national phase will be reviewed, including an opposition procedure at EU level. Only then will the EUIPO make a final decision on the application.
If a positive decision is made on the application, the registration of the geographical indication will cover all EU Member States. The geographical indication will then receive uniform protection across the EU.
Time of application
It will only be possible to apply for protection of a geographical indication for a craft and industrial product from December 1, 2025. From this date, it will be possible to apply to register a geographical indication for the product categories in question by submitting an application. Until then, work will be ongoing at both national and EU level to implement the tools for this.
It should be noted that existing protection of geographical indications that may exist in the various EU Member States will continue to exist at national level until December 2, 2026 - 1 year after the earliest possible date for applying for registration at EU level. After that, it will only be possible to obtain protection of geographical indications for craft and industrial products across the EU through the above-mentioned procedure.
If you have any questions about the new EU regulation on the protection of geographical indications or intellectual property law in general, you are always welcome to contact CLEMENS' intellectual property experts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.