Geographical indications Jacques Gautier Institut National de l’Origine et de la qualité INAO
French GI :AOC, IGP, Label Rouge • A GI is the name of a region or locality and designates a product which originatesin that region or locality. • The GI, linked as it is to traditional practices, enjoys a high reputation. • A GI cannot be created – it can only be recognised. It confirms the value of products which already exist.
Wines and spirits « AOC » 470 AOC - 80 000 producers – 15.6 € B/ year Dairy products « AOC » 45 AOC - 28 000 producers - 2 € B/ year Some general figures by sector • Other « AOC »products 23 AOC - 9500 producers – 0.15 € B/ year • « IGP » products 67 IGP - 25 000 producers – 1 € B/ year
The INAO, a state agency • Under the authority of the Ministry of Agriculture • Budget (78% State, 22% professionals) • A particular and specific agency
INAO, an organization associating professionals • 4 National committees, and a Standing committee , mainly composed of professionals (producers, traders,…) and representatives of different ministries (agriculture, economy ….) • Inquiry commissions
Executive departments of the INAO • Headquater in Paris • 26 regional offices (Bigest = Bordeaux’ office)
What are the tasks of INAO? • Defining the geographical area of production • Defining the product specifications • Determining a system of control of the products until 2008 • Contributing to the protection of GI’S • Promoting the concept of GIs
TRIPS Agreement – 1994 (WTO) • “Indications • which identify a good • as originating in the territory of a member, or a region or locality in that territory • where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”
The recognition of a geographical indication depends on the application by a group of producers and leads to the definition of specifications that producers must comply with in order to be entitled to the use of the geographical name.
Procedure of recognition of an AOC Collective application I.N.A.O. Services National Committee Nomination of an Inquiry Commission Composed of members of the National Committee, professionals Report on the application Definition of the rules of production Procedure of definition of the geographical area Wording of the decree of recognition Transmission of the decree to the Ministries for signature Publication in the « Journal Officiel » European registration
BOUNDARY DEFINITIONPROCEDURE Under the authority of the national commitee Commission of Enquiry General principles • Geographical area and zone drafts • Public EnquiryProcessing of Claims by producers • Final Area approuvedby the National Committee Commission of experts Definition Criteria
Product specification • the name of the product • a description of the product and principal physical, chemical, microbiological and/or organoleptic characteristics • evidence that the agricultural product or the foodstuff originates in the geographical area • a description of the method of obtaining and, if appropriate, the authentic and unvarying local methods/ packaging in the limited geographical area • the details bearing out the link with the geographical environment or the geographical origin • inspection structures provided • specific labelling details
Patents, trademarks Geographical indications Situation of the I.N.A.O. Ministry of Finances Ministry of Agriculture INPI INAO
Protection:The Actors • INAO • Unions of producers, traders • Ministries, local departments • Ambassies • European institutions
Objectives of protection • To encourage a fair competition between producers • To help the consumers, giving them information on the specific characteristics of the products • To protect GIs against usurpations and imitations • To protect a national and economical heritage: terroirs, know-how, products
Protection by national regulations • Protection of geographical areas • Protection of specifications : consumer protection office • Protection of names
Protection by national regulations • Protection of names • Protection of specifications : consumer protection office • Criminal proceedings : non-respect of specification (fine and prison sentence) • Civil proceedings : misuse of the name/relations with trademarks (invalidity or revocation) • A large protection of the GI’s : • for a similar product : forbidden • for a different kind of product : excluded if risk of weakening or altering the notoriety of the appellation • Relation with previous trademarks : a case by case examination depending on the good faith and misleading :
Fine -37500 €- and prison sentence – 2 years • The court may, on the other hand, order the posting of the judgement in all the places designated by it and its publication, in its entirety, or in extracts, in the journals listed by said court, all at the expense of the convicted person.
Protection of geographical areas • The attempts : quarry, classified installations, urban development, great plans • The reason of protection : the “terroir” preservation • The solution : the consultation of INAO
The protection of Gis’ name in the European Community • A wide protection of names : misuse, usurpation, false or misleading indication • Protection of GIs in relation with trademarks
Wines and spirits R (CE) 1493/99, 17th of march 1999 VQPRD (= AOC+VDQS) Table wine with geographical indication (=vins de pays) R (CE) 110/2008, 15th of January 2008 Spirits with GI Agricultural products and foodstuffs European Protection R (CE) 510/2006, 20th of march 2006 PDO PGI
Rules of protection of PDO and PGI • direct or indirect commercial use • misuse, imitation or evocation (even in translation or accompanied by expressions such as « type » or « style » • false or misleading indication • any other practice liable to mislead the public as to the true origin of the product ART. 13 R 510/2006
Civil proceedings (INAO) : misuse of the name/relations with trademarks (invalidity or revocation) • Civil code Art. 1382Any act whatever of man, which causes damage to another, obliges the one by whose fault it occurred, to compensate it.
Conflicts between trademarks and PDO/PGI • A large protection of the GI’s : • for a similar product : forbidden (usurpation) • for a different kind of product : excluded if risk of weakening or altering the notoriety of the appellation • Relation with previous trademarks : a case by case examination depending on the good faith • A protection of trademarks reputation and renown
Customs actions • Council Regulation (EC) No 1383/2003 of 22 July 2003 applies to geographical indications as intellectual property rights • suspend the release of the goods or detain them for a period of three working days from the moment of receipt of the notification by the right-holder
Others proceedings • Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (art 722-1 et s Intellectual Property Code) • Procedure to get and preserve evidence • Corrective measures shall include:recall from the channels of commerce; definitive removal from the channels of commerce or destruction. • appropriate damages to the actual prejudice suffered by the rigth holders
The protection in the world • Multilateral Conventions : protection of intellectual property rights : Convention of Paris, Arrangement of Madrid, Arrangement of Lisbon, TRIPs Agreement • Bilateral conventions : objective = « TRIPS + »
Infrigments on Gis’names • Counterfeiting by similar products • Unfair competitions acts
What is at stake in the WTO • To implement a multilateral system of notification and registration in order to facilitate the protection of Gis for wines and spirits (implementation of the TRIPS agreement) • To extend the protection of wines and spirits to other kind of products
Protection in third countries • National regulations • Specific rules related to Gis (even through registration) • Unfair competition law • Consummers’ Protection law • Rules of labelling or trademark law (deceptivivity) • Multilateral Conventions on intellectual on intellectual property rights Mainely • Lisbonne agreement (1958) • Accord TRIPS (1994) • Bilateral agreements • Between EU and third country
The action of INAO regarding the international protection • An alert network : 30 lawyers all around the world, embassies and professionals, monitoring of trademarks’ registers • About 500 pending cases • A budget for foreign lawyers of 250 000 € (2007)
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