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

In today’s globalised world, the range of products offered to the consumer is almost unlimited. To make an informed choice, consumers need to gather and compare information on the price and characteristics of an increasing number of goods. Price and basic features of a product may not be the sole deciding factors. Consumers also look for ways to identify authentic, original quality products, and expect that the quality and specific features advertised provide the qualities that they value, for which they are often willing to pay a premium.

To achieve this, the reputation and/or given quality features associated with products due to their particular origin may be crystallised in what is termed a ‘geographical indication’ characterising the product. Geographical indications (GIs) are indications that identify goods as originating in a country, region or locality where a particular quality, reputation or other characteristic of the product is essentially attributable to its geographical origin, for example Bordeaux (wine), Vetro di Murano (glass) or Prosciutto di Parma.

At EU level, unitary GI protection is currently provided for wines, spirit drinks, aromatised wines and for agricultural products and foodstuffs. There is currently no harmonisation or unitary GI protection in place for non-agricultural products at EU level. Instead, national legal instruments apply, resulting in varying levels of legal protection across Europe. Non-agricultural producers who wish to protect a GI throughout the EU need to ensure that they have separate protection in each Member State, which does not seem to be in line with the objectives of the internal market.

The Commission identified the issue in its 2011 Communication a single market for intellectual property rights and proposed a thorough analysis of the existing legal framework for GI protection of non-agricultural products in the Member States, and its implications for the internal market.

The study on geographical indications protection for non-agricultural products in the Internal Market (‘the Study’) was commissioned to follow up on this in 2012. The Study, published by the Commission in March 2013, takes the view that existing legal instruments available for producers at national and at European level are insufficient. The Commission organised a public hearing on 22 April 2013 to discuss the results of the Study and provide a platform for a wide debate on the need for more efficient GI protection of non-agricultural products at EU level. Many of the stakeholders taking part supported the study’s call for better GI protection of non-agricultural products at EU level.

In light of the results of the Study and the outcome of the public hearing, the Commission decided to pursue its analytical work through this Green Paper. It aims to consult with all stakeholders in the broadest possible manner on whether there is a need, in the EU, to increase GI protection for non-agricultural products, and if so what approach should be taken. All interested parties are invited to comment on the issues raised in this Green Paper, by responding to the specific questions listed. The Commission will take the results of this consultation into account when deciding whether further action is appropriate at EU level.

• Primary Source

EUR-Lex: COM(2014)469: Follow the progress of this paper through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:469:FIN

ESO: Background information: Making the most of Europe's traditional know-how: Commission launches public consultation on the protection of geographical indications for non-agricultural products http://www.europeansources.info/record/press-release-making-the-most-of-europes-traditional-know-how-commission-launches-public-consultation-on-the-protection-of-geographical-indications-for-non-agricultural-products/

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