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Background
For years, Geographical Indications (GIs) in the European Union were limited to agricultural products, wines, and spirits. However, this restriction is now evolving with the adoption of Regulation (EU) 2023/2411, which—for the first time—introduces harmonized protection for non-agricultural products such as ceramics, textiles, cutlery, handcrafted glassware, and more.
This legislative innovation not only marks a significant step in safeguarding Europe’s cultural heritage but also opens new doors for producers in third countries, including Latin America, seeking recognition and protection for their traditional products in the European market.
What Are Non-Agricultural Geographical Indications?
Non-agricultural GIs refer to products whose quality, reputation, or characteristics are closely tied to a specific geographical origin, yet fall outside the food and beverage sector. Some emblematic European examples include:
• Bohemian crystal (Czech Republic)
• Donegal tweed (Ireland)
• Solingen cutlery (Germany)
The new regulation enables producers to protect such designations throughout the EU, granting rights comparable to agricultural GIs, including exclusive use and enforcement against imitations.
Key Features of Regulation (EU) 2023/2411
• Entry into force: December 2025
• Competent authority: European Union Intellectual Property Office (EUIPO)
• Automatic protection: Once registered, a GI will be valid across all 27 Member States
• Requirements: The product must be deeply linked to its place of origin and comply with verifiable technical specifications
Furthermore, the Regulation allows for the registration of foreign GIs, provided they are protected in their country of origin and meet specific equivalency standards.
Why Does This Matter for Latin America?
Latin America is home to a rich and diverse artisanal and manufacturing heritage, often rooted in specific regions—think Andean textiles, among many others.
Under this new framework:
• Latin American producers could apply for EU recognition, gaining privileged access to the European market.
• There is now an incentive to create national or regional registries for non-agricultural GIs, paving the way for future international protection.
• The Regulation strengthens efforts to combat imitation and misappropriation of traditional names.
Challenges and Opportunities
The main challenge for Latin American countries will be to develop internal legal frameworks that recognize and regulate non-agricultural GIs—a necessary condition to benefit from the EU system.
From a legal perspective, law firms interested in supporting the internationalization of local products can play a crucial role in:
• Identifying and documenting potential non-agricultural GIs
• Drafting product specifications
• Representing clients before foreign authorities such as the EUIPO
Conclusion
The EU has taken a bold step in protecting traditional know-how beyond the food sector. For Argentina and Latin America, this new regulation offers both a tool for regional economic development and a gateway to international markets for producers and legal professionals alike.
Now is the time to prepare.
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