Consultation - extending EU geographical indication protection to non-agricultural products

This paper looks at the arguments for and against extending geographical indication protection (already granted at EU level to agricultural products having specific characteristics linked to their place of origin) to non-agricultural products. It raises a series of questions about different aspects of the topic. Interested groups were asked to respond to these so as to help decide the course of action that the EU should take.

ACT

Green Paper - Making the most out of Europe’s traditional know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products (COM(2014) 469 final of 15 July 2014).

SUMMARY

WHAT DOES THIS COMMUNICATION DO?

The purpose of the consultation document is to ask concerned groups whether there should be EU-wide geographical indication (GI) protection for non-agricultural products. The 45 questions range from what kind of sign should be protected to what the potential consequences are of an EU-wide GI protection system. The Commission will use their answers in deciding what further action to take.

KEY POINTS

• Applying GI protection to non-agricultural products could be beneficial economically. It could increase publicity for the place of origin, help maintain jobs in the area and allow producers to cooperate better. It could also lead to a reduction in abuses such as counterfeit goods.
• Having a unified system may help in the trading of GI-protected products with countries outside the EU.
• The current national systems available for the protection of non-agricultural products result in varying levels of GI protection across Europe. There is currently no overall EU system that guarantees GI protection.
• When a GI is strong in consumers’ minds, imitators can take advantage. This can lead to economic losses for producers.
• Since legal protection is currently provided at EU level for agricultural products and foodstuffs, a standardised protection system for other products would have to be compatible with the existing framework.

BACKGROUND

The issue of GI protection for non-agricultural products was identified by the European Commission in a 2011 communication. This was followed by a ‘Study on geographical indications for non-agricultural products in the internal market’ , the authors of which argued in favour of introducing GI protection at EU level. In 2013, a public hearing was held that further strengthened that position. The hearing subsequently led to the Commission publishing this paper, which seeks to gather together all interested stakeholders’ opinions.

KEY TERMS

Geographical indications (GIs) are signs used on goods that have a specific geographical origin and possess characteristics attributable to it. Using a GI can help producers enjoy fairer competition, while consumers get more reliable information regarding the products they are buying.

For further information, see the European Commission’s Directorate General for Internal Market, Industry, Entrepreneurship and SMEs website.

last update 08.12.2014