The popularity of non-foodstuffs Geographical Indications is growing!

Created by the Law No. 2014-344 of March 17, 2014, the Geographical Indication (GI) to protect traditional craft and manufacturing know-how is experiencing a definite craze in France! Since the first GI was approved in 2016, no fewer than 17 GIs have now been validated and 3 are in the process of being approved.

As a reminder, this procedure extended the protection that existed at the time only for food and agricultural products to industrial and craft products, so that any company can promote its products and know-how, linked to its territory, and protect itself against the abusive use of geographical names.

In practice, a Defense Organization and Management (“Organisme de Défense et de Gestion” in French) has to prepare a set of specifications highlighting the specific and objective criteria that demonstrate how the product can benefit from the geographical indication without risk of confusion for the consumer.

The last GIs to be approved in late 2023 and early 2024 are “Pierre du Midi“, “Argiles du Velay” and “Dentelle de Calais-Caudry“.

On November 16, 2023, European Regulation 2023/2411 on the protection of geographical indications for craft and industrial products came into force, enabling GIs to be registered at European level with the European Union Intellectual Property Office (EUIPO) from December 1, 2025.

This regulation will enable the protection and recognition of GIs throughout the European Union, in order to protect and promote traditional European craft and manufacturing know-how. Following the example of the French system, it will protect the names of artisanal and industrial products with qualities or reputations linked to their place of production.

The aim of the European legislation is to replace existing national systems from 2026 onwards, ensuring Europe-wide recognition of GIs, while relying on the expertise of national offices, since member states that already have a competent authority in this field (the INPI in France) will continue to examine GI applications before they are examined by the EUIPO.

This system is designed to maintain an assessment as close as possible to the producers, while at the same time allowing for a wide geographical coverage!

– Eléonore DAUPHANT, Trademark Attorney and Partner at Mark & Law