Protection of geographical indications – Geneva Act of the Lisbon Agreement

KEY POINTS

Lisbon Agreement

• The Lisbon Agreement of 1958 is a treaty administered by the World Intellectual Property Organization (WIPO). It provides for the protection of appellations of origin (AO)² for example Bordeaux wine, and their international registration. AOs are a special kind of GI for products that have a particularly strong link to their place of origin.
• As of 11 October 2024, there are 44 contracting parties to the Lisbon Agreement, seven of which are EU Member States – Bulgaria, Czechia, France, Italy, Hungary, Portugal and Slovakia.
• Three others – Greece, Spain and Romania – have signed but not ratified the agreement.

Geneva Act

• The Geneva Act modernises the Lisbon Agreement and expands its scope to cover not only AOs but all GIs, and allows for international organisations to become contracting parties.
• In addition to indicating the origin of a product, GIs are also used to distinguish and reinforce cultural contributions and reward the creativity of authentic know-how. A product name registered as a GI or AO – in the EU as a protected geographical indication (PGI) or a protected designation of origin (PDO) – can only be used by producers located in the designated area.
• Each contracting party is obliged to protect on its territory and, within its own legal system and practice, the AO and GI of products coming from other signatory countries for which it accepts protection.
• As of 11 October 2024, the Geneva Act offers protection in 25 contracting parties covering up to 60 countries. The Lisbon system (Lisbon Agreement and Geneva Act) covers up to 73 countries in total.

Decision (EU) 2019/1754

• The EU has exclusive competence for the areas covered by the Geneva Act. The decision authorises the EU to join the Geneva Act to be able to properly exercise its exclusive competence.
• Following the judgment in Case C-24/20 European Commission v Council of the European Union, only the seven Member States (listed above) that were already party to the Lisbon Agreement before the EU's accession to the Geneva Act are authorised, in full respect of the EU’s exclusive competence, to ratify or accede to the Geneva Act alongside the EU. This applies strictly to the extent that their accession is necessary to preserve, in the interest of the EU, the seniority and continuity of the protection of the AOs already registered by these Member States under the Lisbon Agreement and to comply with the obligations provided for in Article 11 of Regulation (EU) 2019/1753 regarding transitional provisions for AOs already registered under the Lisbon Agreement.
• With a view to administering, at the EU level, the registration of geographical indications for craft and industrial products provided for in Regulation (EU) 2023/2411 (see below), Decision (EU) 2023/2412 amends Decision (EU) 2019/1754 by designating the European Union Intellectual Property Office (EUIPO) as the EU’s competent authority in respect of GIs for these products under the Geneva Act.

Regulation (EU) 2019/1753

The regulation sets out the rules governing EU’s rights and obligations under the Geneva Act. Under the regulation:

• the European Commission is responsible for filing applications for the international registration of GIs relating to products originating in the EU.
• the Commission will also assess whether the conditions are met for EU-wide protection to be granted to a GI that has been registered internationally under the act and that originates in a non-EU country.

The regulation also deals in particular with:

• conflicts between an internationally registered geographical indication and a trade mark;
• transitional rules to accommodate those Member States that were already parties to the Lisbon Agreement before the EU’s accession to the Geneva Act;
• rules on financial issues and a monitoring obligation for the Commission.

Regulation (EU) 2023/2411 amends Regulation (EU) 2019/1753 with regard to protecting GIs for craft and industrial products (e.g. Murano glass, Solingen cutlery, Donegal tweed, Halas lace or Gablonz jewellery). From 2 December 2026, it will replace existing national schemes. Although the European Union Intellectual Property Office will be responsible for operating the scheme, Member States will be required to designate competent authorities to manage applications and introduce appropriate procedures to enforce the system at the national level. From 1 December 2025, producers will be able to protect the name of their products throughout the EU.

The Commission will evaluate the feasibility of an information and alert system against the abusive use of GIs for craft and industrial products in the domain name system, and will submit a report with its main findings to the European Parliament and the Council of the European Union by 2 June 2026. That report will be accompanied by a legislative proposal, where appropriate.