Detail Public Participation

Query
Open
Range of the Standard:
Royal Decree of cabine
Character of the query:
Policy
Type of participation:
Prior public consultation

Summary

In accordance with article 26.2 of the law 50/1997, of 27 november, the government investigators conduct the procedure for public consultation before the drafting of the text of draft royal decree regulates the national procedure for the processing of requests for registration, modification of solicitation documents and cancellation of geographical indications of industrial and artisanal products in the register of the union.

Background of the norm

The entry into the spanish legal system of the rules of procedure (EU) 2023/2411 of the european parliament and of the council of 18 october 2023 concerning protection of geographical indications of craft products and industry and amending regulations (EU) 2017/1001 and (EU) 2019/1753 brings the creation of a new title of industrial property, Only for the entire european union.

Prior to the Rules Of Procedure (EU) 2023/2411 of the european parliament and of the council of 18 october 2023, did not have a definition of industrial or artisanal product, or a geographical indication in regard to them, nor, therefore, a procedure for registration on a level of the union. Therefore, this new regulation determines which applications for protection of geographical indications of these products will be examined pursuant to the demands set out in its own words, through efficient registry, which guarantees equality of treatment, avoid the administrative burden, especially for micro, small and medium-sized enterprises, and creates legal certainty at all stages.

To that end, the European Regulation envisages a registration procedure to be implemented in two phases: a national phase, carried out by the competent authority designated by the member state of origin of a geographical indication (IG), and other after union (as long as the national phase environment was favourable to the request), where the intellectual property office of the european union (EUIPO) to authorize or deny the registration of a geographical indication in the register of the union.

Problems to be solved with the new standard

The Rules Of Procedure (EU) 2023/2411 of the european parliament and the council of 18 october 2023 concerning the protection of geographical indications of craft products and industry and amending regulations (EU) 2017/1001 and (EU) 2019/1753 crea un sistema sui generis de protección de indicaciones geográficas para productos artesanales e industriales.

The above-mentioned regulation part of a system of recognition of the european union and establishes a procedure for registration in two stages, leaving room for member states to design some aspects of the processing. The first phase that should be conducted in each member state, called the '' national phase and second, should be carried out with the office of the Intellectual property of the european Union, and it is called ‘ phase of the Union '.

According to the rules of procedure, the member states should provide under their national development policy procedures for the specific procedural national phase and deadlines. In this regard, the present Decree shall regulate the handling of requests for registration of geographical indications of craft products and industrial zones, within the scope of the state's jurisdiction.

In addition, the rules of procedure (EU) 2023/2411 establishes the possibility of carrying out changes in the solicitation documents, as well as to annul the geographical indication, once you register. As for the registration procedure, the European Regulation establishes the obligation of States to establish specific procedural formalities of the national phase of the administrative procedures. These will be regulated in the same way by royal decree, within the scope of the state's jurisdiction.

In addition, with regard to the national review phase, the spanish patents and trademark bureau, O.A (OEPM) will be nominated as the competent authority for the national phase.

Need and opportunity for approval

The need and opportunity to adopt this royal decree derives from a legal obligation, since the Rules Of Procedure (EU) 2023/2411 of the european parliament and of the council of 18 october 2023 concerning protection of geographical indications of craft products and industry and amending regulations (EU) 2017/1001 and (EU) 2019/1753, which will apply from 1 december 2025, establishes the obligation of member states to establish specific procedural formalities of the national phase.

Given that the Rules Of Procedure (EU) is directly applicable, there is no need to elaborate a norm of transposition at national level, but a rule that would complement, in accordance with the european standard, those provisions that are left to member states.

Objectives of the norm

The objective of this royal decree will regulate the national phase of the procedure for geographical indications which exceed the territorial scope of an autonomous region. However, also regulate the OEPM as a link between the competent agencies of the autonomous communities and EUIPO applications whose Territorial scope be extended to one autonomous community, under the respective Home rule authority.

In addition, we must regulate the possibility of carrying out changes in the solicitation documents, as well as to annul the gi which exceed the territorial scope of an autonomous community, once you register.

Equally, there shall be the creation of channels for the coordination of the administrations with competence in geographic indications of industrial and artisanal products.

Therefore, this royal decree will provide for a number of provisions relating to registration procedures, modification of solicitation documents and cancellation of geographical indications of craft products and industrial zones, as well as procedures derived from the same at the national level.

Possible alternative solutions, regulatory and non-regulatory

Had been assessed two alternatives:

  • Development of a royal decree regulates the national phase of the procedure for the processing of requests for registration, modification of solicitation documents and cancellation of geographical indications of crafts and industry in the Union.
  • No action. This option would violate the mandate given by the Rules Of Procedure (EU) 2023/2411 of the european parliament and of the council of 18 october 2023 concerning protection of geographical indications of craft products and industry and amending regulations (EU) 2017/1001 and (EU) 2019/1753 implementation will be from 1 december 2025 and which establishes the obligation of states to establish specific procedural formalities of the national phase.

For those reasons, it is believed that the only option is the right to).

Remission deadline

Deadline for submitting arguments from the day Monday, December 16, 2024 until the day Thursday, January 2, 2025

Submission of allegations

The allegations may be sent to the email address: coordinacionjuridica@oepm.es indicating in the subject: "Public consultation prior PRD IG-scale or industrial"

Will only be considered responses in which the sender is identified.

In general, the contributions received are considered likely to be made public. The parts of the information provided that, in the opinion of the person concerned should be treated confidentially and consequently is not free dissemination, should be specifically identified in the text of the contribution, not to be regarded as the generic messages confidentiality of information.