The European Commission asked the EU Council on Monday 12 December to reach a common position on the proposal updating the rules on geographical indications (GIs) by March 2023.
Monday’s debate in the Agriculture Council confirmed the three problematic issues, namely the transfer of tasks to the European Union Intellectual Property Office (EUIPO), the proposed provisions on producer groups and the protection of geographical rights in domain names.
The Czech Presidency of the Council presented a report (https://aeur.eu/f/4k7 ) on the state of negotiations on the proposal on geographical indications (see EUROPE 13078/21).
The ministers of several countries (Ireland, Belgium, Croatia, Austria, Malta, Luxembourg) were open to maintaining the tasks entrusted to the EUIPO in the field of GIs or to granting this agency more powers. However, a group of countries (France, Bulgaria, Portugal, Romania, Greece) is hostile to the delegation of tasks to the EUIPO.
Italy felt that the EUIPO should be given “the minimum of tasks”, while Spain, according to its minister Luis Planas, wants to “clarify the tasks entrusted to the EUIPO, even if the final decision on GI cases must be taken by the European Commission”.
Janusz Wojciechowski, the EU Commissioner for Agriculture, has indicated that a “status quo could be envisaged” on the role of the EUIPO (with a clear description of tasks). He added that there were “a lot of questions” in the EU Council about the definition of producer group (recognised or not) and that GIs should be protected also for domain names.
Several countries (Spain, Portugal, Cyprus, Romania, Greece, France) have requested that the definitions of producer groups remain a national competence. The sensitive issue of GIs will be discussed from January 2023 under the Swedish Presidency of the EU Council. (Original version in French by Lionel Changeur)