The European Commission’s proposal on the revision of the EU Geographical Indication (GI) system has disappointed EU organisations representing the interests of agricultural producers (see EUROPE 12923/20).
In the opinion of the organisation oriGin EU, the proposed regulation provides encouraging elements for more robust protection and control of GIs, particularly in the domain names environment.
However, the attempt to define the concepts of evocation and the generic status of terms could result in “limiting GI protection”, according to oriGIn EU. Stronger proposals would have been desirable in order to support the strategic role of GIs.
Furthermore, oriGIn EU regrets the complexity of the procedures that could result from the proposal. While remaining responsible for decision-making on GI registrations, amendments and cancellations, the European Commission proposes to carry out the management of the system in collaboration with the European Union Intellectual Property Office (EUIPO), “without explaining the powers and responsibilities given to it”. This might lead, according to oriGIn EU, to further delays in the process. Finally, oriGIn EU notes that the proposal lacks a clear vision on the future of GIs. The European Commission is calling for powers for delegated acts, in particular on strategic issues such as sustainability.
No blank cheques. The proposal lacks vision, ambition and clarity and could jeopardise the vitality of the sector, warns EFOW (European Federation of Origin Wines). “The simplification only concerns the work of the Commission and not that of GI producers” said EFOW President Bernard Farges, with regret.
The reason for the dissatisfaction is that the proposal “multiplies the institutional interlocutors” for GI producers. “The European Commission simply wants a blank cheque to decide on the future of GI policy on its own without the input of the two co-legislators, which is not acceptable from a democratic point of view”, insisted Bernard Farges. In addition, some of the provisions included in the proposal seem to “undermine” what was decided by the co-legislators when reforming the Common Agricultural Policy (CAP), according to EFOW.
The EU organisations and cooperatives (Copa-Cogeca) note that the Commission’s proposal focuses on strengthening producer groups, improving GIs protection and controls, and offers the possibility to include sustainability requirements for GIs, or speed up the management of applications. However, “the way in which the Commission proposes to implement these potential changes raises questions and serious concerns”, said Copa-Cogeca. It also criticises the EUIPO’s increased involvement in the management of GIs. “Shifting away competences from DG AGRI to an agency specialised in intellectual property rights and without the necessary knowledge of the specificities of the agricultural sector and nature of GIs puts at risk this successful policy”, concludes Copa-Cogeca.
MEPs and some EU countries have already expressed their concerns about the effects of the Commission’s proposal. (Original version in French by Lionel Changeur)