Sui Generis Geographical Indications for the Protection of Non-Agricultural Products in the EU: Can the Quality Schemes Fulfil the Task? IIC - International Review of Intellectual Property and Competition Law 51, 1 (2020), 31 - 69 (
This paper analyses the suitability of the extension of the EU quality schemes – Protected Designations of Origin (PDOs) and Protected Geographical Indications (PGIs) – to the protection of non-agricultural products. In particular, the work develops an original investigation on the nature of these goods and assesses whether it is compatible with the scope of protection of the EU sui generis GI system, which is determined by the different origin link that characterises the two abovementioned quality schemes. The research, by applying a mixed comparative/empirical methodology and building upon a previously unpublished dataset, develops an analysis divided into three parts, reaching the following conclusions. First, if sui generis GIs were chosen as the means to protect non-agricultural products, the French legislation on the sui generis protection of handcrafts should be considered as the best practice. Second, the empirical analysis shows that, since non-agricultural goods are characterised by a loose link to a specific place, predominantly based on the on the product’s history and on its distinctive traditional method of production, PGIs seem to be fit for the purpose. Indeed, the analysis of a sample of non-terroir agricultural products protected by PGIs will highlight this parallelism. Third, evidence shows that PDOs could be useful only in a small number of cases while the rationale of Traditional Specialities Guaranteed (TSGs), despite not being origin labels, can be useful to define products that cannot be linked to a specific area by physical or natural elements. Therefore, the EU legislator should take these elements into consideration if it decides to extend the EU GI regime to non-agricultural products.
