While the European Union had previously established a GI sui generis protection scheme for wines, spirits, agricultural products and foodstuffs, a harmonised protection system for craft and industrial products (such as jewellery, textiles, porcelain, etc.) at the EU level was lacking. This changed with the adoption of Regulation (EU) 2023/2411 on the protection of craft and industrial GIs which entered into force on November 16, 2023, and will be fully applicable from December 1, 2025.

The Regulation stipulates that the examination and registration of CI GIs will occur in two phases, the first one at national level, and the second one at Union level. Each Member State has to appoint a national competent authority to oversee the national phase of the registration process (Article 12). However, the European Commission may exempt MSs from this obligation if they lack a national sui generis system for craft and industrial GIs and can demonstrate “low local interest” in protecting such GIs (Article 19). The Member State invoking the derogation bears the burden of proof to demonstrate both conditions. If the European Commission grants the derogation, producers from such country may submit CI GI applications directly to the EUIPO.

In order to assess the potential for protecting CI GIs within the EU, the EUIPO commissioned a study led by a Consortium composed of DE TULLIO & PARTNERS, oriGIn, and KPMG. The objective of the "Study on EU Member States' Potential for Protecting Craft and Industrial Geographical Indications" was to provide an updated overview of the existing national legal frameworks governing the protection of geographically-rooted craft and industrial products and to evaluate if, and to what extent, there is a local interest in obtaining GI protection for such products.

Between February and June 2024, a comprehensive survey was conducted as part of this study, involving semi-structured questionnaires sent to public authorities and private sector representatives in all EU MSs. The survey gathered data, among others, on the level of interest in GI protection, the readiness of producers to apply under the new system, and public institutions' plans for managing the national registration phase.

The survey revealed several significant insights. On the private sector side, responses showed that most producers are micro-enterprises, which reflects the craft and industrial sector's typical characteristics of small-scale, traditional production. While there is a high level of interest among these producers to apply for GI protection, many are not organized in associations and have yet to establish the formal production standards (such as production specifications) required for GI applications. From the public sector perspective, some MSs authorities indicated their country is likely to invoke the opt-out mechanism provided for in the Regulation.

The findings of this study will be published by the EUIPO in December 2024. As the Lead Legal Expert on the project, I would welcome the opportunity to present and discuss the key results, particularly the perspectives of the private and public sectors' stakeholders regarding the implementation of the new GI system for craft and industrial products.