Applications for the Registration of Non-Agricultural Geographical Indications in the European Union by Latin American Countries

Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products explicitly allows for the registration of foreign geographical indications under certain conditions.

This is set out in Article 36 of the Regulation, entitled “Applications from Third Countries.”

Here are the key points:

Article 36 – Applications from Third Countries

1. Admissibility: Applications for the registration of a geographical indication for non-agricultural products originating in third countries (i.e., outside the EU) are permitted.
2. Main Condition: The GI must be protected in the country of origin under legislation offering a level of protection equivalent to that provided by the EU Regulation.
3. Procedure: Applications may be submitted directly to the EUIPO or through an international agreement (e.g., a bilateral agreement between the EU and the third country).
4. Contents of the Application: The application must include:
   • The product specification,
   • Evidence of protection in the country of origin,
   • Additional information demonstrating the product’s reputation, quality, or characteristics linked to its geographical origin.

Implications for Latin America and Argentina
This means that producers in Argentina and across Latin America could obtain EU-wide protection for their artisanal products provided that:

• Official protection exists in the country of origin, and
• The technical and documentary requirements of the Regulation are met.

Thus, local recognition and registration of non-agricultural GIs becomes a key strategic step for the internationalization of traditional products.