EU AND GI PROTECTION FOR NON-AGRICULTURAL PRODUCTS
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Authors: Tea Hasić
Keywords: GI protection, non-agricultural products, EU sui generis system for GI protection, Art 23 TRIPS Agreement
Abstract: The aim of the paper is to present the efforts taken by EU Commission in order to evaluate possible pros and cons of establishing sui generis system for GI protection of non-agricultural products on regional (EU) level.
Namely, since 1992 EU provides regional sui generis system for GI protection of wines, spirits, agricultural products and foodstuffs. Nevertheless, 14 (of 28 EU member states) have established similar sui generis system (on their national levels) in order to protect GIs of non-agricultural products and / or services.
The aim of regional sui generis system (established in EU, in 1992) was to ensure protection of European most famous traditional agricultural products (especially wines) and to stop widespread free-riding on reputation of their names. Accordingly, by implementing similar system for protection of non-agricultural products, EU aims to provide a niche in the market for its most famous non-agricultural products which (regularly) incorporate traditional manufacturing techniques.
Considering enormous efforts that EU has taken in order to insert Art 23 in TRIPS Agreement (thus, ensuring absolute GI protection of wines and spirits in all WTO member states) and constant lobbying for widening the scope of Art 23 (in order to ensure global and absolute GI protection of agricultural products and foodstuffs in general – not just for wines and spirits) we shall expect similar lobbying (with the aim to expand the scope of Art 23 on GIs for all kind of products) if EU establish regional sui generis system for GI protection of non-agricultural products.
Furthermore, we will present potential benefits for European producers of traditional non-agricultural products - if EU establish regional sui generis system of protection, in line with the one that already exists for GIs of agricultural products and foodstuffs. Possible benefits are especially expected in the sector of tourism, where GIs (registered on EU level) shall ensure diversification of traditionally made souvenirs from mass-produced ones.