Government creates national regime of geographical indications for artisanal and industrial products

Decree-Law no. 194/2026, of September 25, ensures the execution within the internal legal order of Regulation (EU) 2023/2411, concerning the protection of geographical indications for craft and industrial products. The diploma was published in the Diário da República, 1st series, no. 187, in the section of the Presidency of the Council of Ministers, and designates the National Institute of Industrial Property, I. P. (INPI, I. P.) as the competent authority for the national phase of the registration procedure. The regulation also creates an advisory council within the Institute for Employment and Vocational Training, I. P. (IEFP, I. P.), with a binding opinion on the applications.

Regulation (EU) 2023/2411 of the European Parliament and of the Council, of October 18, 2023, amends Regulations (EU) 2017/1001 and (EU) 2019/1753 and aims for unitary protection of geographical indications for craft and industrial products throughout the Union. Until its entry into force, the European framework only provided for geographical indications for wines, spirit drinks, other agricultural products, and foodstuffs. The registration procedure now consists of two phases — national and European —, preventing producers from having to apply for registration in each Member State.

The decree-law was approved in the Council of Ministers on July 17, 2026, promulgated on September 11, 2026, by the President of the Republic, António José Martins Seguro, and countersigned on September 14, 2026, by the Prime Minister, Luís Montenegro.

INPI in the national phase and advisory council at IEFP

INPI, I. P. is the competent authority for the national phase of registration and for ensuring compliance with procedures regarding standardized amendments to the product specification and the cancellation of registration. Upon receiving the application, it submits it to the president of the advisory council, who issues an opinion within 20 working days.

The advisory council, which it presides over, includes a representative from each of the following entities:

• IEFP, I. P., which presides;
• Cultural Heritage, I. P.;
• Directorate-General for Economy;
• Directorate-General for Agriculture and Rural Development;
• National Commission for UNESCO;
• Vocational Training Center for Craftsmanship and Heritage;
• Institute of Wine, Embroidery and Craftsmanship of Madeira, I. P. — RAM;
• Crafts and Design Center of the Azores;
• Portuguese Federation of Arts and Crafts;
• Ricardo do Espírito Santo Silva Foundation;
• CIP — Confederation of Portuguese Business;
• Portuguese Industrial Association.

The first five have permanent seats; IEFP, I. P. determines the intervention of the others based on the subject matter and the sectoral and territorial scope. Members do not receive remuneration or attendance fees, but are entitled to reimbursement for travel, accommodation, and meal expenses.

Deadlines, opposition, and official publication

The application is preferably submitted through the online services of INPI, I. P., in the Portuguese language, with a specification book and a single document. When dealing with an artisanal product, the book must require that producers hold an artisanal production unit letter, issued under the terms of Decree-Law no. 41/2001, of February 9.

Following the declaration of conformity, INPI, I. P. publishes the application in the Industrial Property Bulletin. The following deadlines apply:

• two months from publication for any person with a legitimate interest to file an opposition;
• two months from the notification of the opposition for the applicant to contest;
• up to two months for the parties to reach an agreement, with the possibility of mediation and extension for an equal period.

The grant and the refusal are published in the Industrial Property Bulletin; after the grant, INPI, I. P. submits the application to the European Union Intellectual Property Office (EUIPO).

Control, supervision, and transitional regime

The verification of conformity with the specification book is the responsibility of certification bodies accredited by the Portuguese Accreditation Institute, I. P., legally designated entities, or natural persons with delegated competencies. The supervision of the use of the geographical indication in the market, including in electronic commerce, falls to the Authority for Food and Economic Safety in mainland Portugal, the Regional Inspection of Economic Activities in the Azores, and the Regional Authority for Economic Activities in Madeira.

For applications submitted before December 1, 2025, and still awaiting a decision, the provisions of articles 301 and 302 of the Industrial Property Code and Decree-Law no. 121/2015, of June 30, shall apply. The diploma specifically repeals that decree-law and those two articles of the Code, approved by Decree-Law no. 110/2018, of December 10.

The new protection covers products such as jewelry, goldsmithing, clothing, weaving, embroidery, ceramics, glass, and basketry, and aims to stop counterfeiting and the misuse of names. For artisans and producers of delimited regions, registration becomes the means to enhance local know-how and strengthen consumer confidence in the origin of the product.

Source: Diário da República, 1st series, no. 187, of September 25, 2026, section I — Presidency of the Council of Ministers (official reference: Decree-Law no. 194/2026).