Part 6 of the 40^th Annual Conference in Lisbon, Portugal looked at geographical indications (GIs) and trade marks in a session titled “Preserving heritage in a changing world” (pictured right).

Introducing the session, moderator Alessandro Sciarra, Bird & Bird, Italy, Chair of the MARQUES GI Team, described GIs as “one of the most rapidly evolving areas of IP”. He said that the GIs can sustain rural economies, be a catalyst for tourism, provide key elements for nation branding and be a powerful for deepening trade relationships. “This is reflected in the growing number of countries that have adopted sui generis protection for GIs and special categories of trade marks,” said Alessandro.

In the first presentation, Elisa Zaera Cuadrado, Business Operations Department, EUIPO said the EU legislative framework has recently seen many changes. She said there is “greater legal certainty” thanks to the implementation of Regulation (EU) 2024/1143.

Elisa also discussed the new opportunities arising from the creation of a unitary title for craft and industrial GIs (CIGIs). She summarised the key features of the CIGI scheme and the role of EUIPO. So far, there have been 90 applications and 45 registrations, with textiles, stones and ceramics the most popular sectors.

Turning to conflicts between trade marks and GIs, Elisa introduced changes in the EUIPO Guidelines in July 2026, and discussed how the concept of “evocation” is treated in ex officio examination. She stressed that the “scope of protection of a GI is quite broad” and discussed recent cases including Nero Champagne. She added that EUIPO is “very strict” in the interpretation of use of the GI and stated: “If we have more situations of evocation, we will have more refusals of trade marks,” giving some examples of when a restriction is and is not possible.

Elisa predicted that there will be more ex officio actions but said opposition proceedings will continue to be important. Finally, she recommended the tools GIview and GIHub, which are both available on the EUIPO website.

MARQUES Chair Claudia Pappas presented the Lewis Gaze Memorial Awards to students from Portugal’s NOVA School of Law today. Look out for an interview with them on the MARQUES blogs soon!

Teresa Pais Coelho, oriGIn Portugal, Portugal, described the work to preserve Portuguese heritage and why GIs are important. “It’s not just collective property, it’s a protection for the community that protects quality and preserves know-how,” she said, adding that GIs also promote sustainable development. Portugal ranks 4^th in the EU for the number of registered GIs and also leads in CIGIs so far.

According to a 2024 report, said Teresa, craft plays an important role in job creation and local economic growth. Craft and tourism also reinforce each other, especially for rural and less-developed areas. Portugal ratified the Geneva Act in 2023, facilitating international protection of GIs. Teresa recommended trade mark registration in appropriate cases alongside GI protection. “We have different lines of defence … this is vitally important to ensure that the names of our products can travel beyond frontiers,” she said.

In the final presentation of the session, Vincent Stauffer, Federation of the Swiss Watch Industry FH, Switzerland, recounted the history of watches in Switzerland. By 1790, Geneva was already exporting more than 60,000 watches. The Federation is marking its 150^th anniversary this year and the industry employs 65,000 people in Switzerland with exports worth €27 billion a year.

“There are studies showing there is a Swiss-made premium,” said Vincent. “This premium can go up to 40% of the price, compared to 20% for Swiss chocolate. In 1971 Switzerland passed a law on the use of the name Swiss for watches, which was most recently revised in 2017. It sets out the criteria that must be met by a Swiss watch. The Federation allocates Swiss registration marks and maintains a register.

To ensure international protection, Switzerland includes GI protection in free-trade agreements with trading partners. Vincent described the tools available for protection, including trade marks, and summarised the pros and cons of each. “We monitor all trade mark applications worldwide covering class 14 products,” he said, and the Federation takes action against any that include Swiss GIs. Where oppositions are not possible, it tries to sign undertakings. It also takes action against abuses including in online marketplaces, working in parallel with its members and closely with authorities. “Cooperation is key,” he said. “It’s important to protect a tradition that is almost 500 years old … It’s important for us to find solutions and have open borders, and to find the right tools to act.”

Within and without rules

Part 5 “Working within and without rules” considered challenges beyond trade marks including government regulation, private platforms and new technologies (pictured right). It was moderated by Nick Wood, Com Laude, UK, Member of MARQUES Council and Cyberspace Team, and featured Chris Oldknow, Amazon, UK and Marion Heathcote, Davies Collison Cave, Australia, Member of MARQUES Council and Chair of the IP Emerging Issues Team. We hope to publish a full report on this session shortly.

The Annual Conference continues until Friday. Further reports will be posted on the Class 46 and Class 99 blogs. Photos taken by MARQUES staff and editor. Speakers do not necessarily represent the views of any organisations mentioned or of MARQUES.