In the business world, where the connection between artisan products (or their producers) and a specific geographical location is fundamental for success, geographical indications play a crucial role. Artisan products, in particular, benefit enormously from this connection, as they stand out for their authenticity, quality, and unique characteristics associated with their place of origin.
What are geographical indications in artisan products?
Geographical indications are a special type of sign that identifies a product originating from a specific place, where certain geographical factors, such as climate, soil, or local traditions, contribute to its unique characteristics and reputation.
In a saturated market, where consumers seek authenticity and quality, geographical indications add value by associating a product with its place of origin, conveying a story of tradition, craftsmanship, and excellence. From Roquefort cheese to Champagne wine, geographical indications create an emotional bond with consumers, inspiring trust and brand loyalty.
4 ways to protect the origin of artisan products
The terminology “geographical indications” encompasses various concepts found in international treaties and national or regional legislations, such as designation of origin (DO), protected designation of origin (PDO), and protected geographical indication (PGI). To clarify:
- “Geographical indications” are defined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.
- “Designations of origin” are defined in the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, as well as in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.
- “Protected designations of origin (PDO)” protect products whose qualities or characteristics are due to the geographical environment with its natural and human factors, and whose production, processing, or preparation takes place in the delimited geographical area from which they take their name.
- “Protected geographical indications (PGI)” protect products that possess a specific quality, reputation, or other characteristic attributable to a geographical origin and whose production, processing, or preparation takes place in the delimited geographical area from which they take their name.
Can I register a geographical indication for artisan and industrial products in the European Union?
On November 16, 2023, a new EU Regulation on the protection of geographical indications for artisan and industrial products came into force. Manufacturers and producers of this class of products will be able to submit applications for Geographical Indication protection starting from December 1, 2025.
Until now, in the Member States of the European Union, there was a variety of laws and regulations that addressed specific artisan and industrial products, but protection was not standardized. As a result, producers who wished to protect a Geographical Indication (GI) for an artisan or industrial product across the EU had to comply with these different regulations and, in some Member States, take additional measures, such as registering trademarks or applying unfair competition laws.
In this way, with the implementation of the EU Regulation, existing national rights will cease to have effect. Member States will have to notify the European Commission and the EUIPO of any existing national names they wish to be recognized and registered under the new EU regime before this date.
What to consider about this new regulation for artisan products?
- What is meant by “artisan and industrial products”? Art 4 of the Regulation: “products: a) produced entirely by hand, or with the aid of hand or digital tools, or by mechanical means, provided that manual contribution is a significant component of the finished product, b) produced in a standardized manner, including mass production and through the use of machines.”
- What are the requirements for registering a GI for artisan and industrial products? Art 6 of the Regulation: a) That it originates from a specific place, region, or country. b) That its quality, reputation, or other determined characteristic can be fundamentally attributed to its geographical origin. c) That at least one of its production phases takes place in the defined geographical area.
- Who can apply for a GI for artisan and industrial products? Art 8 of the Regulation: a) A group of producers. b) A single producer, when: i) The person concerned is the sole producer wishing to submit an application. ii) The geographical area concerned is defined by a particular part of the territory that does not refer to property boundaries and possesses characteristics that notably distinguish it from neighboring geographical areas, or that the characteristics of the product are different from the characteristics of products from neighboring geographical areas.
At ISERN, we offer you help to register geographical indications
At ISERN, we offer you the necessary guidance and support to register your geographical indication. Although the criteria of the competent authorities may seem subjective, our specialized legal experience significantly reduces the chances of rejection.
With a century of experience in intellectual property services, and with more than 40 thousand clients worldwide, at ISERN we have successfully managed over 350 thousand files in our area of specialization. We have a team of more than 150 highly qualified professionals. If you are looking to register a geographical indication for an artisan or industrial product, trademark, or patent, do not hesitate to contact us or visit us at any of our 12 offices in Spain. We are here to help you protect your intellectual assets and achieve your business goals.