Tradition, fashion and industrial property in the era of counterfeiting: the case of the Camariñas lace

There is no doubt that certain traditional craftsmanship techniques, deeply rooted in specific regions, have regained renewed relevance. In particular, Camariñas lace has been incorporated into recent collections from brands such as Ana Cabranes, Devota & Lomba, El Pulpo, Dolores Cortés and Heimat Atlántica.

These commercial applications, which leverage traditional knowledge, raise questions from the perspective of industrial property rights. In fact, Camariñas lace is not just a production technique, but also an intangible asset linked to a specific region, the trivialization or counterfeiting of which could undermine its economic value and cultural importance.

Galician textile craftsmanship

Beyond its technical aspects, it is no secret that Camariñas lace is now an icon of Galician textile craftsmanship, passed down from generation to generation. It originated in the village of the same name, in the province of A Coruña, and is a manual technique that consists of intertwining threads (traditionally linen or silk) using bobbins (wooden spools), which are maneuvered over a cushion according to predefined patterns.

Therefore, we will examine the possible legal frameworks available in Spanish and European law to protect this traditional craft: Camariñas lace.

Since 1997, the Camariñas Town Hall has owned the Spanish trademark M2082481, “ENCAIXE DE CAMARIÑAS PRODUCTO DE CALIDADE”, a figurative trademark registered in Class 26 for lace.

According to Article 34 of Law 17/2001 on Trademarks (LM), this registration grants its holder the exclusive right to use the sign in commerce, allowing it to prevent third parties from making unauthorized use in relation to identical or similar goods.

However, the protection granted by this trademark is limited to the distinctive sign as such and does not extend to the artisanal technique or the set of traditional knowledge.

Moreover, Articles 62 and 68 of the Trademark Law (LM) provide for collective and guarantee marks, which, by their very nature, could offer advantages for the protection of Camariñas lace.

Collective marks serve to distinguish the products or services of the members of an association from those of other merchants.

Guarantee marks are those that distinguish goods or services certified by the trademark holder regarding materials, the manufacturing method of goods or service provision, geographical origin, quality, accuracy, or other characteristics of goods and services that do not possess this certification.

In the case of collective marks, the application would have to be submitted by a representative association – such as existing lace-maker associations – accompanied by a regulation of use that establishes the conditions for access to and use of the mark. The main advantage of this type of mark is that it reinforces the identification of the product with a specific group linked to the artisan sector (in this case), while also providing internal control mechanisms over the use of the sign.

For its part, guarantee marks serve to reinforce the authenticity of the product against imitations, certifying that the lace meets certain standards relating to its geographical origin, traditional manufacturing technique, and specific characteristics. Their use also requires the approval of a regulation that governs its use, as well as the implementation of an effective control system.

In this case, the holder of a guarantee mark cannot engage in the production or marketing of the certified products and is limited to a supervisory and control function. Consequently, ownership could correspond to a public body, such as the Camariñas Town Hall.

European legislation has also introduced mechanisms for the protection of artisanal and industrial products. Specifically, products that possess a quality, reputation, or other characteristic essentially attributable to a specific geographical origin, and in which at least one phase of production must take place within the defined geographic area, can be protected by a Protected Geographical Indication (PGI).

Traditionally applicable to the agri-food sector, this protection has been extended to artisanal and industrial products by Regulation (EU) 2023/2411 of the European Parliament and Council, of 18 October 2023, on the protection of geographical indications for artisanal and industrial products, which amends Regulations (EU) 2017/1001 and (EU) 2019/1753, which will come into force on 1 December 2025.

In recent months, EUIPO has processed a total of 74 applications for PDO status, and the first protection has already been granted to Limoges porcelain. However, it seems that there is still a long way to go, as no applications for products of Spanish origin have been submitted so far.

Camariñas lace would be one of many Spanish products that meet the eligibility criteria for this European protection. It would need to be demonstrated that 1) it has its origin in Camariñas as a specific geographical area; 2) its reputation or characteristics (tradition, technique, know-how, historical recognition) are attributable to this origin; and 3) that at least one phase of the production process takes place in this area.

If an application for PGI status were submitted, it would also have to be proposed by one of the local associations, accompanied by a set of specifications defining the essential characteristics of the product and establishing effective control mechanisms.

Intangible cultural heritage

Furthermore, Camariñas lace could be recognized as an intangible cultural heritage, which would reinforce its cultural and symbolic dimension. However, this designation has no direct impact on the market, thus its effectiveness appears limited in comparison to industrial property instruments.

In conclusion, while trademarks allow an operator to differentiate their products from others in the market, geographical indications protect a name as an expression of the 'know-how' linked to a specific community; that is, they reflect a collective reason.

Given the increasing use of traditional elements by the fashion industry, obtaining a geographical indication for Camariñas lace, on one hand, would protect the local community and preserve its distinctive identity, and on the other hand, would enhance its economic value, increase international visibility, and guarantee consumers the authenticity of the product.

However, it is also important to highlight the challenges posed by these industrial property instruments.

In the area of collective and guarantee marks, the limitations lie in the impossibility of exclusively claiming a geographical term (Camariñas) and in the fact that, even when control mechanisms are established, essential elements such as the technique or the cultural dimension of lace-making fall outside their scope.

As for PGIs, it is not always a simple task to meet the requirement of a representative group of producers or reach a consensus on drafting technically precise specifications, considering that the transmission of knowledge often follows the proverb “every master has their own method.”

As a citizen of a country with an extraordinary wealth of traditional knowledge and as a specialist in industrial property, I find it essential to develop these legal instruments in a context marked by globalization, as well as raise awareness in society about the benefits associated with their protection.

In the case of Camariñas lace, previous generations would likely have found it unthinkable that today clothing sold in other countries incorporates this Galician technique.

Therefore, it is evident that the lack of adequate protection poses a threat, as it leaves the door open to the proliferation of imitations that harm local producers, the authenticity of the technique, and the value of a heritage accumulated over the centuries.

In this regard, Camariñas lace is a paradigmatic example of a heritage that should not be diminished by the lack of coordination among the various parties involved or by the complexity of administrative procedures.

We already have the necessary Spanish and European legal tools in place. Now it is up to the involved groups to do their part so that this heritage is not only preserved but continues to add value over time.

Article by Elena Valiente, associated with ECIJA Madrid. Access the full article here.