Date: 2023-10-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/2412 of 9 October 2023 amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Executive Summary:
Council Decision (EU) 2023/2412 amends Decision (EU) 2019/1754 concerning the European Union's accession to the Geneva Act of the Lisbon Agreement. It designates the European Union Intellectual Property Office (EUIPO) as the competent authority for geographical indications protecting craft and industrial products. This decision enters into force twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment of Decision (EU) 2019/1754:**
* Article 4(1) of Decision (EU) 2019/1754 is amended to include a new subparagraph.
* **Designation of Competent Authority:**
* The European Union Intellectual Property Office (EUIPO) is designated as the Competent Authority under Article 3 of the Geneva Act for geographical indications protecting craft and industrial products, as defined in Regulation (EU) 2023/2411.
* EUIPO is responsible for administering the Geneva Act within the Union's territory for these products.
* EUIPO handles notifications and communications with the International Bureau of the WIPO related to these products.
* **Entry into Force:**
* This Decision comes into effect twenty days following its publication in the Official Journal of the European Union.
Impact Analysis:
European Union Intellectual Property Office (EUIPO)
* Impact: EUIPO is now responsible for the administration of the Geneva Act and communication with WIPO regarding geographical indications for craft and industrial products within the EU.
* Action Required: EUIPO must prepare to administer the Geneva Act, handle communications with WIPO, and manage geographical indications related to craft and industrial products.
European Commission
* Impact: The Commission's role as the sole competent authority is modified, with EUIPO taking over responsibilities for craft and industrial products.
* Action Required: The Commission needs to coordinate with EUIPO to ensure a smooth transition of responsibilities and adjust its administrative procedures accordingly.
Stakeholders of Craft and Industrial Products
* Impact: Producers and other stakeholders involved with craft and industrial products with geographical indications will now interact with the EUIPO regarding the Geneva Act.
* Action Required: These stakeholders need to be aware of the change in competent authority and direct any related communications to the EUIPO.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council of the European Union: A component of the EU's legislative branch where government ministers from each EU country meet to discuss, amend and adopt laws, and coordinate policies.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary powers with the Council of the European Union.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications: An international agreement focused on the protection of appellations of origin and geographical indications, administered by the World Intellectual Property Organization (WIPO).
World Intellectual Property Organization (WIPO): A global forum for intellectual property services, policy, information and cooperation.
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration: An agreement focused on the protection of appellations of origin and their international registration.
European Union Intellectual Property Office: The European Union agency responsible for managing the EU trade mark and the registered Community design.
Official Journal EN
of the European Union L series
2023/2412 27.10.2023
COUNCIL DECISION (EU) 2023/2412
of 9 October 2023
amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the
Lisbon Agreement on Appellations of Origin and Geographical Indications
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with
Article 218(6), point (a), thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1) The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of
31 October 1958(‘the Lisbon Agreement’) is a treaty administered by the World Intellectual Property Organization
(WIPO). By virtue of Council Decision (EU) 2019/1754(1), on 26 November 2019 the Union acceded to the
Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications(2)(‘the Geneva Act’),
with effect from 26 February 2020. The Geneva Act itself entered into force on 26 February 2020.
(2) Under Article 4(1) of Decision (EU) 2019/1754, the Commission is to be the Competent Authority referred to in
Article 3 of the Geneva Act, responsible for the administration of the Geneva Act in the territory of the Union and
for communications with the International Bureau of the WIPO under the Geneva Act and the Common
Regulations under the Lisbon Agreement and the Geneva Act.
(3) With a view to the administration at Union level of the registration of geographical indications for craft and
industrial products provided for in Regulation (EU) 2023/2411 of the European Parliament and of the Council(3),
and in line with the amendments introduced by that Regulation to Regulation (EU) 2019/1753 of the European
Parliament and of the Council(4), the European Union Intellectual Property Office should be the Union’s Competent
Authority in respect of geographical indications for craft and industrial products under the Geneva Act.
(4) Decision (EU) 2019/1754 should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
In Article 4(1) of Council Decision (EU) 2019/1754, the following subparagraph is added:
(1) Council Decision (EU) 2019/1754 of 7 October 2019 on the accession of the European Union to the Geneva Act of the Lisbon
Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 12).
(2) OJ L 271, 24.10.2019, p. 15.
(3) Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on geographical indication protection
for craft and industrial products (OJ L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2411/oj).
(4) Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following
its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271,
24.10.2019, p. 1).
ELI: http://data.europa.eu/eli/dec/2023/2412/oj 1/2EN
OJ L, 27.10.2023
‘In respect of geographical indications protecting craft and industrial products within the meaning of Regulation
(EU) 2023/2411 of the European Parliament and of the Council (*), the European Union Intellectual Property Office shall
be designated as the Competent Authority referred to in Article 3 of the Geneva Act and shall be responsible for the
administration of the Geneva Act in the territory of the Union and for notifications and communications with the
International Bureau of the WIPO under the Geneva Act and the Common Regulations.
_____________
(*) Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on geographical
indication protection for craft and industrial products (OJ L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/
reg/2023/2411/oj).’.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Luxembourg, 9 October 2023.
For the Council
The President
Y. DÍAZ PÉREZ
2/2 ELI: http://data.europa.eu/eli/dec/2023/2412/oj