Remedies for non-EU Geographical Indication applicants and the ensuing responsibilities of EU institutions and Member States

Published in the HSE University Journal of International Law, Vol. 4 No. 1 (2026) on 13 July 2026

Abstract

According to a 2021 European Commission study, EU-registered Geographical Indications (hereinafter — GIs) are single-handedly responsible for doubling the sale value of the underlying goods bearing such quality labels, which are recognised as intellectual property (hereinafter — IP) rights. In theory, this quality scheme is also open to non-EU producers. However, non-EU producers often face unreasonable delays in the processing and registration of their GI applications, notably when their products are perceived as competitors by EU-producers (particularly, in the case of spirits). In such instances, the line between IP promotion and protectionism becomes blurred. Thus, non-EU applicants that are missing out on GI-generated higher earnings and lost market opportunities may consider resorting to legal remedies to seek substantial compensation. The article has a twofold objective: on the one hand, to illustrate the regional and international remedies available to applicants from third States seeking to register a GI in the EU; on the other, to warn EU institutions and Member States about possible liabilities stemming from protectionist conduct. First, the article provides a comprehensive analysis of the EU legal framework governing GIs, including relevant case law of the Court of Justice of the European Union and the WTO Dispute Settlement Body. Practical situations in which non-EU GI applications have not been treated in conformity with the EU framework are identified, as evidenced by GI databases (including the GI applications for Russian vodka, Cuban and Venezuelan rums). An overview of EU regional remedies is provided to address these situations, together with an assessment of their pros and cons. The article then focuses on international remedies available under relevant bilateral investment treaties (hereinafter — BITs) to remedy the unfair treatment endured by non-EU GI applicants experiencing unjustified delays compared to EU-based GI applicants. The author suggests recourse to these international remedies to seek compensation for the lost profit directly caused by the EU administrative delays in processing non-EU GI applications. Based on the 2021 European Commission study on GIs itself, such lost profit can be quantified as the difference in sale price over the period during which the applicant has endured these administrative delays. This difference in sale price is precisely equal to the total value of the goods exported to the EU during the contested delay, since a GI leads to a twofold increase of the sale value.

The full article can be freely downloaded here DOI: https://doi.org/10.17323/jil.2026.39157