Geographical Indications as Prior Rights in EU
Explore the recognition of Geographical Indications (GIs) as prior rights in the EU, including regulations, protection mechanisms, and examination processes. Learn about the balanced protection of rights and the particularities of ex-officio and inter partes examinations in safeguarding GIs and trademarks in the EU legal framework.
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Presentation Transcript
GIs as prior rights in EU Hugh O Neill, Head of Legal Practice Service, LEGAL DEPARTMENT 19/03/2024
Introduction GIs AS PRIOR RIGHTS EX OFFICIO EXAMINATION INTER PARTES PROCEEDINGS
GIs and trade marks in EU GIs and TRADE MARKS in EU Geographical Indications EU collective Marks EU certification marks Agricultural Craft Sui generis EU exclusive title Collective Compliance GEOGRAPHICAL ORIGIN COMMERCIAL ORIGIN CERTIFICATION SCHEME (no certification of geographical origin!)
GIs under EU law GIs RECOGNISED AS PRIOR RIGHTS CRAFT AND INDUSTRIAL PRODUCTS Regulation (EU) 2023/2411 1 December 2025 AGRICULTURAL PRODUCTS AND FOODSTUFFS Regulation (EU) No 1151/2012 WINES Regulation (EU) No 1308/2013 SPIRIT DRINKS Regulation (EU) 2019/787 INTERNATIONAL AGREEMENTS, INCLUDING THE GENEVA ACT
Balanced protection of rights SPIRIT OF EXAMINATION Good faith EUTM applicants GI protection
Particularities of ex officio examination EX OFFICIO EXAMINATION Limitation to GI products Use Evocation Misleading practices
Particularities of inter partes examination INTER PARTES EXAMINATION Entitlement Limitation to GI products Exploitation of reputation Use Reopening ex officio Evocation Misleading practices Revocation
@EU_IPO EUIPO EUIPO.EU @EUIPO EUIPO THANK YOU
