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DRAFT OPINION (COM(2022)0134 – C90130/2022 – 2022/0089(COD))

On the proposal for a regulation of the European Parliament and of the Council European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012

JURI-PA-736693

Committee on Legal Affairs · Rapporteur: Adrián Vázquez Lázara

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The Committee on Legal Affairs gives its draft opinion on the proposed regulation on EU geographical indications for wine, spirit drinks and agricultural products. It proposes amendments to clarify and set out in the regulation itself the tasks to be carried out by the European Union Intellectual Property Office (EUIPO). The amendments task the EUIPO with technical scrutiny of applications, informing applicants of delays, seeking supplementary information, publishing the single document, supporting the Commission in opposition procedures, and managing an alert system on domain names. The Commission would remain responsible for the product specification, Union amendments and cancellation. The EUIPO would develop, keep up-to-date and maintain the Union register of geographical indications. The draft opinion also proposes a separate notice of comment procedure, rules on temporary amendments due to geopolitical events, and a ban on registering a cancelled geographical indication under another intellectual property right for at least 10 years.

Committee position. The rapporteur proposes to amend the Commission proposal so that the tasks entrusted to the EUIPO are set out in the regulation by co-legislators rather than by delegated acts, with the Commission keeping responsibility for product specifications, Union amendments and cancellation, and with a separate notice of comment procedure.

Key points

  1. The rapporteur welcomes the Commission proposal to strengthen protection of geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products.
  2. The rapporteur wants the role of the EUIPO vis-à-vis DG AGRI and the agricultural GI system clarified, and the tasks agreed by co-legislators directly in the regulation.
  3. The EUIPO should handle technical supporting tasks: scrutinising applications, informing applicants of delays, seeking supplementary information, publishing the single document, managing the opposition procedure and running a domain-name alert system.
  4. The analysis of the product specification and Union amendments should remain with DG AGRI, and the Commission should remain responsible for registration, product specification, Union amendment and cancellation.
  5. The EUIPO should develop, keep up-to-date and maintain the electronic Union register of geographical indications.
  6. Scrutiny should not exceed 6 months, and where it exceeds or is likely to exceed that period the EUIPO must inform the applicant in writing of the reasons for the delay.
  7. A new notice of comment procedure is proposed, separate from opposition, allowing corrective remarks on an ongoing registration within three months of publication of the single document.
  8. The EUIPO should support the Commission in opposition procedures, including receiving oppositions, checking admissibility, inviting consultations, extending deadlines and assessing the application.
  9. A temporary amendment may be treated as a standard amendment where it results from obligatory sanitary and phytosanitary measures, a natural disaster, adverse weather conditions or the consequences of an exceptional geopolitical event.
  10. After cancellation of a geographical indication, registration of the name on the market and its protection under another intellectual property right should be prohibited for at least 10 years.
  11. An application for registration of a geographical indication should be rejected where, in light of a well-known trade mark and its reputation, the name is liable to mislead the consumer as to the true identity of the product.
  12. The Commission should report to Parliament and the Council on the results and experience of the EUIPO's exercise of these tasks, and that report may be accompanied by legislative proposals.

Who is affected

  • The EUIPO, which would take on technical scrutiny, register maintenance, publication and opposition support tasks.
  • The Commission and DG AGRI, which would keep responsibility for product specifications, Union amendments and cancellation.
  • Applicants for GI registration, who would be informed of delays and may be asked for supplementary information.
  • Producer groups and third-country authorities, which could be identified as rights holders in the Union register.

Figures and deadlines

  • Scrutiny should not exceed a period of 6 months.
  • Opposition may be lodged within 3 months from the date of publication in the Official Journal of the European Union.
  • A notice of comment may be lodged within three months of the date of publication of the single document and the product specification reference in the Union register.
  • Registration of a cancelled geographical indication under another intellectual property right shall be prohibited for a period of at least 10 years following the date of cancellation.
  • The Commission shall submit a report no later than 5 years after the date of entry into force of this Regulation.