The European Commission commissioned a study on geographical indications (GIs), with the objective to gather information on protected and potentially protected non-agricultural GI products in the European Union and to determine whether or not a unitary system of protection for non-agricultural GI products at the EU level should be established.
The study concludes that in the EU “there is no harmonised approach when it comes to the legal instruments available for the protection of non agricultural GI products. The legal frameworks differ quite significantly in terms of scope, effect and cost of protection. Protection can be granted through consumer deception and unfair competition laws, trade mark laws, specific laws which protect individual non agricultural GI products and/ or sui generis GI systems.” Moreover, even though these legal frameworks provide a significant protection, the “requirements are so different from one country to the other that it is not easy for producers to use them, notably for those interested in securing protection outside of their country of origin.”
To read all the conclusions of this study, please click here.