Regulation 2023/2411 - Protection of geographical indications for craft and industrial products - Main contents
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official title
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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2023/2411 |
| Original proposal | COM(2022)174  |
| CELEX number i | 32023R2411 |
| Document | 18-10-2023; Date of signature |
|---|---|
| Signature | 18-10-2023 |
| Effect | 16-11-2023; Entry into force Date pub. +20 See Art 73 16-11-2023; Application Partial application See Art 73 01-12-2025; Application See Art 73 |
| Deadline | 30-11-2024; See Art 19.1 And 71.2 01-12-2025; See Art 12.3 02-06-2026; Review See Art 72.2 02-12-2026; See Art 70 02-12-2029; See Art 71.1 02-12-2030; Review See Art 72.1 01-12-2032; See Art 69.2 |
| End of validity | 31-12-9999 |
Official Journal of the European Union |
EN Series L |
2023/2411 |
27.10.2023 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 118, first paragraph and Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
On 10 November 2020, the Council adopted conclusions on intellectual property policy indicating that it was ready to consider the introduction of a system for specific protection of geographical indications for non-agricultural products, on the basis of a thorough impact assessment of its potential costs and benefits. |
(2) |
In its Communication of 25 November 2020 entitled ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’, the Commission committed itself to considering, on the basis of an impact assessment, whether to propose a Union protection system for non-agricultural geographical indications. |
(3) |
In its Resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience, the European Parliament highlighted the fact that the recognition of geographical indications for non-agricultural products is relevant for the priorities of the Union programmes currently in development, underlining its support for the Commission’s initiative to establish, on the basis of a thorough impact assessment, effective and transparent protection at Union level for geographical indications for non-agricultural products, in order to align with, inter alia, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (4) (‘the Geneva Act’) which provides for the possibility of protecting geographical indications for both agricultural and non-agricultural products. |
(4) |
In order for the Union to be able to exercise fully its exclusive competence in relation to the common commercial policy, and in full compliance with its commitments under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’) of the World Trade Organization (WTO), on 26 November 2019, in accordance with Council Decision (EU) 2019/1754 (5), the Union acceded to the Geneva Act, which is administered by the World Intellectual Property Organization (WIPO). The Geneva Act offers a means of obtaining protection for geographical indications, regardless of the nature of the goods to which they apply, and therefore includes craft and industrial products. In order to fully comply with those international obligations, ensuring that there is uniform recognition and protection throughout the Union for geographical indications for craft and industrial products is a priority for the Union. |
(5) |
For many years, protection of geographical indications has been established at Union level for wines (6) and spirit drinks (7), as well as agricultural products and foodstuffs, including aromatised wines (8). It is appropriate to provide Union protection for geographical indications for products falling outside the scope of existing Union law, while ensuring convergence. That protection should be aimed at encompassing a large variety of craft and... |
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