Safeguarding Local Craftsmanship
The EU’s New GI Regulation 2023/2411 Explained
From 1 December 2025, producers of craft and industrial products across the European Union will be able to seek Geographical Indication (GI) protection for their products.
The EU GI protection system protects the names of products that originate from certain geographical areas and where the characteristics of such products are linked to that area. Once registered as a GI, products cannot be placed on the market under the protected name, unless they meet the technical requirements.
On an EU level, GI protection currently only extends to agricultural products, foodstuffs, wine and spirit drinks. For example, Irish Whiskey and Achill Island Sea Salt are protected GIs.
There is currently no EU wide or national GI protection for craft and industrial items. However, this is set to change from 1 December 2025, when producer groups will be able to apply to register a particular name as a GI across the EU. This will be welcomed by producers across Ireland, who will now be able to benefit from GI protection.
What is protected under the new regulations?
Craft and industrial products are defined in the regulation as either:
- products produced either entirely by hand, or with the aid of manual or digital tools, by mechanical means, whenever the manual contribution is an important component of the finished product; or
- products produced in a standardised way, including serial production and by using machines.
This means that GI protection will be available to a wide variety of craft and industrial items, such as natural stones, woodwork, jewellery, textiles, lace, cutlery, glass, porcelain, and musical instruments.
For the name of a product to qualify for protection as a GI, the product must comply with the following requirements:
- it must originate from a specific place, region or country;
- its quality, reputation or other characteristic must be essentially attributable to its geographic origin; and
- at least one of the production steps of the product takes place in the defined geographic area. Production step has been defined to be any stage of production, including manufacturing, processing, obtaining, extracting, cutting or preparation, up to the point where the product can be placed on the market.
This means that in Ireland, GI protection could potentially be afforded to Donegal Tweed, Connemara Marble and Waterford Glass, for example. GI protection will apply offline and online, including use of internet domain names.
What is the process for applying?
The regulation sets out a two-phase process for securing GI protection. The first phase occurs at national level and involves the submission by a producer group of an application for registration of a GI for a product to the relevant competent authority of the Member State. In Ireland, the Intellectual Property Office of Ireland (‘IPOI’) will be designated the competent authority. The first phase involves examination of the application by the IPOI and will be subject to an opposition procedure of at least two months from the date of publication of the application. In certain circumstances, an application can be submitted by a single producer.
The second phase involves the examination of the application by the European Union Intellectual Property Office (‘EUIPO’) and an opposition procedure. The EUIPO will be responsible for managing the registration of GIs. The EUIPO will make the final decision on whether to grant or refuse the registration of a GI.
Once registered as a GI, any producer located in the geographical area that complies with the conditions in the product specification will be able to self-certify compliance by submitting a declaration to the national competent authority prior to placing the product on the market. Alternatively, Member States can provide for the verification of compliance by either a competent authority, or by a product certification body, before or after the product is placed on the market. Once registered, producers will be able to use the ‘Protected Geographical Indication’ logo on their products and labels.
What are the benefits?
The extension of GI protection to craft and industrial products will be of huge benefit to producers of such products in Ireland, and indeed across the EU. Ireland has a strong tradition of skilled craftspeople and many craft and industrial items produced in Ireland are inextricably linked with Ireland’s heritage. GI protection is not only a recognition of the know-how and skills of local producers but will contribute to the fight against counterfeit and fraudulent products, as well as ensuring authentic and quality products for consumers.
What are the next steps?
In advance of 1 December 2025, Ireland will have to put in place the necessary administrative procedures to enable the carrying out of the national phase of the application for registration. It will need to designate a competent authority for the verification of compliance and monitoring. This doesn’t have to be the same as the competent authority designated for the national phase of the application process, which the Department of Enterprise, Tourism and Employment has indicated will be the IPOI.
What should producers do?
Over the coming months, producers and producer groups should familiarise themselves with this new scheme of protection and consider whether their craft or industrial product might be eligible for GI protection. Early preparation for applications, including carrying out clearance searches and maintaining watch services, will enable producer groups to hit the ground running once the application process opens later this year.
Maureen Daly (Partner) and Laura Finn (Associate)
