Geographical Indications for Craft and Industrial Products | Decree-Law No. 194/2026 of 25 September

On 25 September, the Government published in the Official Gazette (Diário da República) Decree-Law No. 194/2026, implementing the measures required under Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023. Although directly applicable since 1 December 2025, the Regulation required further implementation at national level, particularly regarding the competent authority, the opposition procedure, and the control and enforcement mechanisms.

This represents a significant step in the European intellectual property framework. Until now, the EU-wide system of geographical indications was limited to wines, spirit drinks, and agricultural products and foodstuffs, leaving sectors such as jewellery, goldsmithing, clothing, textiles, embroidery, ceramics, glassware, and basketry without equivalent protection.

From a substantive perspective, it is now possible to obtain, through a harmonised procedure, protection throughout the European Union for craft and industrial products whose quality, reputation, or other characteristics are linked to their geographical origin. Beyond its strictly legal dimension, the new framework also has a clear heritage-related purpose, by recognising skills, know-how, and local traditions passed down through generations, while providing economic operators with the legal certainty needed to invest in these products.

We highlight the following key aspects of the published Decree-Law:

• Scope and subject matter of protection: Registration protects the designation against counterfeiting and misuse, reserving the legitimate use of the legally established geographical indication symbol to producers within the defined geographical area.
• Two-stage procedure: The application, drafted in Portuguese and preferably filed through the National Intellectual Property Institute (INPI)’s online services, must include, among other elements, the specification and the single document. This is followed by a review by an advisory board established within the Employment and Vocational Training Institute (IEFP), which issues a binding opinion within 20 business days; once compliance is confirmed, the application is published in the Industrial Property Bulletin, and the subsequent standard procedures are followed.
• Competent authorities: In addition to handling the national phase of the registration procedure, INPI is responsible for processing standard amendments to product specifications and the cancellation of geographical indications. Verification of the conformity of products with the product specification is entrusted to certification bodies accredited by the Portuguese Accreditation Institute (Instituto Português de Acreditação), legally designated entities, or individuals with delegated control powers. Market surveillance concerning the use of geographical indications, including in e-commerce, falls within the remit of the Portuguese Food and Economic Safety Authority (ASAE) in mainland Portugal and the regional economic activity authorities in the Azores and Madeira.
• Specific requirement for craft products: For applications relating to craft products, the product specification must make the use of the geographical indication conditional upon the holder having a carta de unidade produtiva artesanal (craft production unit certificate), issued pursuant to Decree-Law No. 41/2001 of 9 February.
• Sanctions and transitional regime: Abusive or fraudulent use is sanctioned under the provisions of the Industrial Property Code concerning unfair competition and the infringement and unlawful use of geographical indications. The Decree-Law repeals Decree-Law No. 121/2015 of 30 June and Articles 301 and 302 of the Industrial Property Code. These provisions will nevertheless continue to apply to applications submitted before 1 December 2025 that are still pending a decision.

National uptake of the new system has been significant. According to INPI data, Portugal leads in the number of applications for craft and industrial geographical indications, with 39 applications submitted since 1 December 2025. The Lenços de Namorados do Minho was the first product to be registered under the new regime, out of a total of 45 designations in the European system, 24 of which have already been registered.

In our view, these figures demonstrate that geographical indications are likely to become, for Portuguese producers, not merely a distinctive sign of origin, but a genuine asset for competitiveness and regional development.

The Decree-Law entered into force on 30 September.

For further information, the full text of the Decree-Law may be consulted here.