Geographical indications
How can the origin and reputation of a product be protected?
A geographical indication identifies a product whose quality, reputation, or other characteristics are linked to a specific geographical origin.
Based on a strong link between the product, its terroir, and local expertise, it is a tool for promoting, differentiating, tracing, and building consumer confidence.
Geographical indications now cover agricultural products, wines and spirits, as well as artisanal and industrial products.
Protected designation of origine (PDO)
The protected designation of origin (PDO), or “appellation d’origine controlee” (AOC), refers to a product for which all stages of production, processing, and preparation take place within a defined geographical area, and whose characteristics are essentially or exclusively derived from that geographical environment, including its natural factors (climate, soil) and human factors (local expertise).
Historically, the AOC was created in France to combat wine fraud. It was later extended to other sectors.
This demanding regime is based on strong typicity and an exclusive link to the terroir.
Protected geographical indication (PGI)
The PGI is a European quality and origin identification mark that guarantees that at least one stage of a product's production, processing, or preparation took place in a defined territory and that this product derives its reputation, quality, or specific characteristics from this origin. The PGI applies in particular to agri-food products whose reputation derives from a cultural and economic link to the territory without requiring the entire process to take place there.
The European Union's yellow and blue label certifies this protection throughout the internal market.
Geographical indication for industrial and artisanal products (IGPIA)
The IGPIA aims to protect a manufactured or artisanal product whose quality, reputation, or other characteristics are linked to a geographical area. Registration requires the creation of a private entity (ODG), the drafting of specifications detailing the technical criteria and geographical boundaries, and then the approval of the sign by decision of the French IP office (INPI).
Label Rouge
The Label Rouge is an official French quality mark that certifies that a product is of a higher quality than similar products currently on the market.
Unlike PDO or PGI labels, it is not based on geographical origin, but on objective criteria of performance and taste quality, defined in specifications approved by ministerial decree.
The Label Rouge does not exclude coexistence with a PDO or PGI. Some products have several distinctive marks. It is an instrument of qualitative rather than territorial promotion, but one that can be part of the same logic of protecting sectors and traceability.
Advertising & communication
Communication about a product bearing an official sign identifying its quality or origin shall be conducted with rigor.
Regulations require strict correspondence between the advertising message and the product's approved specifications. The language, visuals, and slogans must reflect the reality of the label and its area of origin. Thus, referring to a designation without complying with its conditions constitutes misrepresentation of origin or infringement of a protected name, which may be subject to sanctions by the French administrative authority (DGCCRF).
For alcoholic beverages, communication is also regulated by the Évin law. Advertising messages must be limited to objective information about the origin, composition, or production conditions, without encouraging consumption.
The role of the lawyer in geographical indications
Advisory & Strategy
We advise organizations, producers, artisans, interprofessional associations, and local authorities on strategies for protecting and promoting their identification marks and assist them with marketing issues, including slogans, visuals, claims, advertising messages, and communication materials.
Contracts & Valuation
We assist you in negotiating and drafting licenses, distribution agreements, and communication partnerships, as well as in establishing usage charters or cooperation agreements, branding or sponsorship agreements.
Defence & Litigation
We represent our clients before French and European authorities and jurisdictions in proceedings involving misappropriation or counterfeiting, misleading advertising, including in the context of administrative inspections or litigation.