The protection of geographical indications for wines, spirits, agricultural products and foodstuffs, including aromatized wines, established at EU level is in force for many years. Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 introduces the possibility of protecting craft and industrial products within the EU, e.g.: wooden products, jewellery, lace, cutlery or porcelain.
What requirements should a product meet to be register as a geographical indication?
Craft and industrial products include those made by hand (including with tools, even digital ones), but also those made in mass production and with machines. Such products should meet 3 basic requirements to be protected:
- They should be rooted in or originate from a specific place, region or country.
- A given quality, reputation or other features of the products should be essentially the result of their geographical origin.
- At least one stage of production should take place in that geographical area.
WHO CAN APPLY FOR REGISTRATION?
An application for registration of a geographical indication may be filed by a group of producers. Exceptionally, an application may be submitted by a single producer if:
- he/she is the only producer wishing to file an application and
- the designated geographical area is defined on the basis of a defined part of the territory, without reference to the borders of the property, and its features differ substantially from those of neighbouring areas, or the features of the product in question differ from those of products manufactured in neighbouring geographical areas.
What is the procedure for registration (stage 1)?
The registration procedure consists of two stages. The first stage takes place at national level and the second at Union level. An application for the registration of a geographical indication for a product originating in the EU is submitted to the competent office of the Member State where the product originates. The application must include, inter alia, the product specification, which consists in particular of:
- the name of the product,
- the type and description of the product,
- the specification of the defined geographical area and information establishing the link between the geographical area and a given quality, the reputation or other features of the product,
- proof that the product originates from the defined geographical area, including by listing the steps in production that take place in the defined geographical area,
- a description of the production methods and, if applicable, the traditional methods and specific practices used, information on packaging, rules concerning labelling of the product.
Upon examination of the application, the office shall carry out a national opposition procedure.
HOW DOES THE OPPOSITION PROCEDURE WORK?
During the opposition period, an application is published for a period of at least two months from the date of publication, during which any person with a legitimate interest and established or resident in the Member State responsible for the national registration stage or in the Member States from which the product in question originates may oppose the application. The opposition should be based on at least one of the grounds indicated in the regulation. The opponent may, for example:
- indicate that the proposed geographical indication does not meet the requirements for protection under the regulation,
- registration of the proposed geographical indication would jeopardize the existence of an identical or similar name used in trade or trademark.
What is the procedure for registration (stage 2)?
The competent office issues a positive decision and submits the application to the EUIPO if, after reviewing the application and evaluating the outcome of the opposition procedure, it finds that the requirements indicated in the regulation have been met. Upon receipt of the application, EUIPO verifies the formal issues and then publishes the application in the EU register of geographical indications for craft and industrial products. Subsequently, a 3-month opposition period begins.
Why is it worth applying for protection?
Geographical indications entered in the EU register are protected against:
- any direct or indirect commercial use of a geographical indication for products not covered by the registration, where such products are comparable to products covered by the registration, or where the use of a particular name exploits, weakens or detracts from the reputation of that protected geographical indication or works to the detriment of that reputation;
- any improper use, imitation or evocation of a name protected as a geographical indication, even if the true origin of the products or services is stated or if the protected geographical indication is translated or accompanied by terms such as: "style", "type", "method", "as produced in", "imitation", "flavor", "aroma", "like" or similar;
- any other false or misleading indications relating to the origin, nature or essential characteristics of the product that are indicated on the packaging, advertising materials, documents or information posted on web interfaces relating to the product, as well as the packaging of the product in containers that may give the wrong impression as to its origin;
- any other practice that could mislead the consumer as to the true origin of the product.
WHEN WILL YOU BE ABLE TO APPLY FOR PROTECTION?
As of December 1, 2025.
Example of the first industrial geographical indication in Poland
Koniakow lace is the word mark of products (goods) in the form of lace produced by hand crocheting technique by the inhabitants of Koniakow, Jaworzynka and Istebna, which together form the so-called "Tri-village", located in the Beskid Śląski in southern Poland. This type of lace, is not made in any other region of Poland or the world.
Registration No. G.0006
Applicant: Fundacja Koronki Koniakowskie