The Need for Measures to Safeguard Undistorted Competition and Freedom of Expression in Geographical Indications Law – Opinion on the EU Commission’s Proposals for Broader Protection

Annette Kur (Independent), Irene Calboli (Texas A&M University), Dev Saif Gangjee (University of Oxford), Anke Moerland (Maastricht University), Martin Senftleben (University of Amsterdam), The Need for Measures to Safeguard Undistorted Competition and Freedom of Expression in Geographical Indications Law – Opinion on the EU Commission’s Proposals for Broader Protection (2023):

In spring 2022, the European Commission launched two proposals concerning the protection of Geographical Indications (GIs): COM(2022)134 of 31 March 2022 amending current Regulation (EU) no. 2012/1151 on agricultural products and foodstuff and COM(2022)174 of 13 April 2022 on craft and industrial products. The aims of the proposed regulations align in that they are meant to provide a harmonized and (relatively) simple framework for registration as well as resilient protection, in particular on the internet. Furthermore, both aim to bolster economic incentives to invest in production and creation or maintenance of quality jobs in rural and/or less developed regions, as well as – in the case of the agrifood regulation – to stimulate sustainable ways and methods of food production. Overall, those goals are welcome, and the same applies to most of the measures proposed. However, there are a number of points which give rise to concerns. The following statement addresses these problematic points and proposes solutions to safeguard undistorted competition and freedom of expression.