Intellectual property rights

The EU is a strong supporter of robust intellectual property rights (IPR) as a driver of growth and innovation. Through its trade policy, the EU seeks a solid and predictable international legal framework for IPR, both at the multilateral level, where it advocates for the improvement of existing frameworks, and on a bilateral or regional basis, through its trade agreements with third parties. 

 

For more information on the EU’s system for IPRs, please check the dedicated pageon the EU’s Access2Markets website, as well as the information provided by the European Commission hereand here.

One of the key rights of the EU’s IPR system are Geographical Indications (GIs). The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines GIs as “indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. 

 

EU law provides for various types of GIs that protect different aspects of a product linked to its area of production, depending on the type of product and its link to the territory. The most common products that can be protected are food products, spirit drinks, and wine. Protection is granted through the following concepts:  

  • Protected Designations of Origin (PDO);  
  • Protected Geographical Indications (PGI); and  
  • Traditional Specialities Guaranteed (TSG).  

For a detailed overview of the EU’s system of GI protection, please consult the dedicated page on the European Commission’s Directorate-General for Agriculture and Rural Development. 

The Western Balkans and the EU aim at a progressive alignment of the Western Balkan’s IPR standards with those of the EU, ensuring a level playing field for businesses. Notably, the SAAs aim at:  

  • Strong IPR standards:The agreements aim to establish a robust legal framework for protecting various forms of IPR, such as patents, trademarks, copyrights, and geographical indications; 
  • Effective enforcement:The Western Balkans commit through the SAAs to implementing effective measures to enforce IPR rights, including BCP/CCP measures to combat counterfeiting and piracy; and 
  • Accession to international conventions:The Western Balkans are expected to accede to key international conventions on IPRs, such as those administered by the World Intellectual Property Organization (WIPO). 

The SAAs set up a particularly robust framework for protecting geographical indications (GIs) and trademarks for wine, spirit drinks, and aromatised wines. This includes commitments on: 

  • Mutual recognition:The parties agree to protect each other’s GIs listed in the respective SAAs appendices; 
  • Prevention of misuse: The SAAs prohibit the use of protected GIs for products that do not originate from the specified geographical area; 
  • Consumer protection: The SAAs aim to prevent consumer confusion by ensuring that products are accurately labelled and marketed; and 
  • Enforcement mechanisms: The SAA parties commit to taking necessary measures to enforce the protection of GIs, including through legal actions and border controls. 

For more information on the specific GIs and trademarks mutually recognised by the Western Balkan Parties, as well as the general provisions on IPR protection, please check the annexes to the respective SAA, available here.  

The Association Agreement between Moldova and the EU provides a robust framework for protecting intellectual property rights (IPR)and aims at ensuring fair and transparent procedures for registering trademarks, designs, patents and GIs.  

 

For more information, please check the dedicated page on the EU’s Access2Markets website.