Protection of Designations of Origin and Geographical Indications of Craft and Industrial Products in the EU and the Czech Republic in the New Legal Guise - Success or Further Question Marks?
Protection of Designations of Origin and Geographical Indications of Craft and Industrial Products in the EU and the Czech Republic in the New Legal Guise - Success or Further Question Marks?

Author(s): Martin Boháček
Subject(s): Law and Transitional Justice, Law on Economics, EU-Legislation, Commercial Law
Published by: ADJURIS – International Academic Publisher
Keywords: agricultural products; craft and industrial products; Geneva Act to the Lisbon Agreement; protected designation of origin; protected geographic indication;
Summary/Abstract: The protection of geographical indications and designations of origin is of great importance for the preservation of traditional products in the regions, as well as the expectations for consumers. Also, it can be the next instrument under the EU Green Deal program. Protection of designation of origin has already been introduced in some countries (including the Czech Republic) in form of national registration and international registration under the Lisbon Agreement. The registration for geographical indications was introduced in the European Economic Community (EEC) by a Council Regulation in 1992, but initially only for agricultural products registered by the Commission. After an Amendment to the Lisbon Agreement, the so-called The Geneva Act 2015, theEU adopted a regulation of the European Parliament and Council (EU) in 2023 on the protection of geographical indications of craft and industrial products with a similarly complicated process of change from national registrations to only EU registration. While the finally resulting convergence of the protection of designation of the two product types at EU level is a success, it raises a number of questions, which the paper will discuss. Why has the EU protected only the appellations of agricultural products and for a long time not the non-agricultural ones? Why is there currently only a convergence, but not a unification of the two types of products? Why will the registration authorities for the two acts be different? Will the interpretative principles developed with respect to agricultural products also be applicable to the non-agricultural ones?

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