Changes in protection of appellations of origin and geographical indications
Currently, the EU does offer any protection of appellations of origin and geographical indications for craft and industrial products and mineral waters and salts. However, this should soon change, and thus, users of existing national protection of appellations of origin or geographical indications for these products should take note.
Abolition of national protection and transition to the EU system
Recently, two EU regulations have been adopted that will lead to a full harmonisation of the legislation on appellations of origin and geographical indications, so that designations for all types of goods will be covered by EU law:
- Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 extends the scope of EU legislation on the protection of designations of agricultural products to mineral waters and salts, with effect from 13 May 2024
- Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 harmonises the rules of protection of appellations of origin and geographical indications for craft and industrial products at the EU level with effect from 1 December 2025, affecting, e.g., leather products, woodwork, jewellery, textiles, glass and porcelain.
The protection of designations will thus be exclusively within the EU’s competence, and any existing national protection will cease. However, the regulation allows users of national protection to smoothly transition to the EU level if they take active steps in due time.
In this respect, we draw your attention to the currently debated amendment to the Act on the Protection of Appellations of Origin and Geographical Indications and to the Consumer Protection Act prepared by the Ministry of Industry and Trade in cooperation with the Industrial Property Office. The amendment responds to the adopted EU regulations, aiming to adapt Czech laws to these innovations.
How can I prevent losing protection?
Users of the national protection of designations affected by the above EU regulations who wish to maintain the protection of their designations should apply for their EU registration in due time. As regards designations of mineral waters and salts, users need to apply by 13 May 2025. As regards designations of craft and industrial products, under the pending amendment to the Act on the Protection of Appellations of Origin and Geographical Indications and the Consumer Protection Act, the application needs to be submitted by 31 August 2026. However, for procedural reasons, we recommend applying as soon as possible, as the protection for such designations will expire on the effective date of the relevant regulation if the application for EU registration is not submitted on time.
To conclude, users of national protection should respond to this major transition in a proactive and timely manner to preserve their rights to the protection of their products. If you have any questions or are unsure how to properly apply for EU registration, we will be happy to help you secure protection for your designation.