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.

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, 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.

The objective of this royal decree is to regulate the national phase of the procedure for geographical indications within the scope of competences of the state, i.e. whose territorial area exceeds the allotted of an autonomous region. It Also provides for the Office of the Spanish patents and trademarks, O.A. (OEPM) as a link between the competent agencies of the autonomous communities andEUIPOin the case of applications whose territorial scope be extended to one autonomous community, under the respective home rule authority.

In addition, regulates the possibility of carrying out changes in the solicitation documents, to annul the gi which exceed the territorial scope of an autonomous community, once it has been, as well as the official control regime for geographical indications of craft products and industrial.

Equally, provides for the establishment of channels of coordination of the administrations with competence in geographic indications of industrial and artisanal products.

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Proyecto del Real Decreto [PDF] [741.84 KB]

Memoria de análisis de impacto normativo del Real Decreto [PDF] [1.18 MB]