The legal framework for the protection of signs and names

This section presents the legal framework for the protection of signs and names, with regulatory references, the scope of protection but also the players involved in protection.

The protective field

Geographical indications entered in the Union register of geographical indications are protected against:

  • Any direct or indirect commercial use of a geographical indication in respect of products not covered by the registration, where such products are comparable to those registered under that name or where the use of the said geographical indication for any product or service is liable to take advantage of, weaken, attenuate or prejudice the reputation of the protected name, including where such products are used as ingredients;

IGP "Jambon d'Auvergne" ©Jérôme Chabanne CSA
IGP "Jambon d'Auvergne" ©Jérôme Chabanne CSA
  • Any usurpation, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as "kind", "type", "method", "way", "imitation", "taste", "manner" or a similar expression, including when these products are used as ingredients;
  • Any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product which appears on the packaging or wrapping, on advertising, in documents or information provided on online interfaces relating to the product concerned, as well as against the use for packaging of a container of such a nature as to create an erroneous impression as to the origin of the product;
  • Any other practice likely to mislead the consumer as to the true origin of the product.
Hôtel de Villeroy, siège du Ministère chargé de l'Agriculture, situé au 78 rue de Varenne à Paris (©Xavier Remongin / agriculture.gouv.fr)

Those involved in protecting signs and names

Article L642-5 of the Code rural de la pêche maritime specifies that INAO contributes to the defense and promotion of SIQOs both in France and abroad. However, PDO protection competencies are shared with other administrations, as well as other public and private players.