Geographical Indications for Craft and Industrial Products: New Legal and Cultural Framework in the Context of the Amendments to the Trademarks and Geographical Indications Act

Abstract

The article raises a number of questions regarding the nature and procedures for registering geographical indications: appellations of origin, geographical indications, traditional names and, in particular, foods of traditional specific character. A comparison is made between geographical indications and the other objects that form the group of distinctive signs: company names, domain names and marks, with emphasis on collective and certification marks, as well as on the so-called „geographical marks”. The recent amendments to the Trademarks and Geographical Indications Act, dictated by the action of Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products, in force from 1 December 2025 for the Member States, have been analyzed. The aim is to create a new legal order that would establish uniform protection for geographical indications for craft and industrial products throughout the European Union. The powers of the national patent office and the European union Intellectual Property Office in registration procedures are indicated. The importance of geographical indications for the development and preservation of national cultural heritage and traditions is emphasized.