THE GI SYSTEM PRACTICAL EXPERIENCE IN EU Arnaud FAUGAS Legal and international department INAO WIPO SEMINAR ON GEOGRAPHICAL INDICATIONS DECEMBER 2009 (BRATISLAVA)

Five key elements for the success of GIs A typical product (« typicité ») : the difference has to be objective Relevance of the market : informed and interested consumers, ready to pay Adequate system of protection and control Public support Involvment : product specification defined by producers themselves in cooperation with INAO

Some figures … PDO Wines, spirits 48 Appellations producers 2,1 B € turnover 17,3% of the production 39 Appellations producers 0,2 B € de CA PDO dairy products PDO other products 80 IGP Producers 1 B € de CA IGP (Données 2007) 470 Appellations farms 57% of the viticultural area wines : 11 B € turnover, Spirits : 2 B € de CA

The European system Different regulations depending on the product (question of competences between Member States and the Community) Agricultural and foodstuff products and Wines : Community registration system, EU wide protection (Regulation n° 510/2006 and n° 1234/2007) and spirits: national registration, EU publication, EU wide protection (Regulation n°110/2008). System is quite similar to that under Regulation 510/06 Other products: protection by Member States Additional means of protection: legislation on labelling, on misleading advertising or unfair competition

The features of the French system PDOs and PGIs are part of an official quality signs policy as a strong economic tool in the agricultural sector. Group of producers and Administration in the monitoring of the system Existence of a specific public body (INAO) Involvement of the State in the protection of GIs

First step The recognition of the geographical indication

Group of producers or processors (application) INAO (checking and proposal) Government (decision and submission or forwarding to the EC) EUROPEAN COMMISSION (scrutiny and registration or publication) Registration – general view

The competent authority The competent authority must be able to judge the capacity to register a product as a GI this means to get legal and technical skills along with a good knowledge of products : the administrative organization is adapted to this demanding nature Missions must be clearly defined : from scrutiny of the application to the controls of the GI products In France : mission of INAO (a public body led by producers under the authority of the ministry of agriculture )

Application for registration  Only a group shall be entitled to apply for registration. « Group » means any association, irrespective of its legal form or composition, of producers or processors working with the same agricultural product or foodstuff. Other interested parties may participate in the group. A natural or legal person may be treated as a group.  A group may lodge a registration application only for the agricultural products or foodstuffs which it produces or obtains.  Task :  - Drafting of the product specification (technical, historical and economic components) - After registration : GI follow-up, support to producers, protection

Contents of the application a description of the good, and particularly its physical or chemical characteristics; the boundaries of the geographical area as well as a description of its characteristics in terms of geology, pedology, climate, or hydrography; the documents proving the good originates from within the boundaries of the geographical area; a description of the method of production; the documents proving the good’s link to the geographical environment or geographical origin; the method of controls; elements related to the notoriety of the good; the specific labelling rules.

A focus on the link to the origin Specificity of the area Natural and/or human factors Criteria of definition of the geographical area Specificity of the product Quality or characteristics Reputation Causal link between the area and the specificity of the product Impact of natural and human factors on the product

A scrutiny of the product Link to the territory Natural factors : characteristics of the area influencing techniques and uses or giving the raw materials of the product particular characteristics. Relevant information concerning the soil and the subsoil, the geography of the area (relief and slope, climate and microclimates, vegetation, landscape, etc). Human factors : adaptation of the geographical area to suit the production method, special constructions for production (i.e., mills, storage, etc.) as well as the development of local know-how or special production skills. Explanation : about the influence of these specific characteristics on the final product and why the production is adapted to this particular environment. how the producers have taken advantage of the specific characteristics of the area in developing their product.

Scrutiny A scrutiny of the product and its economic context Definition of the characteristics Link with geographical origin or environment Image and notoriety of the product ( proof of reputation based on documentation, consumer surveys, price...)

Procedure of objection The opposition procedure ensures that the names required as a GI will not be unjustifiably protected. By allowing all interested parties to have their say (public consultation), the procedure helps to guarantee a balanced decision. Procedure at national and European level : official publication of the application Any interested person (through public authorities) or member state or third country

Grounds of objection non-compliance of the proposed GI to the definition of a GI; prejudice to a previous trademark registered generic nature of the indication After this procedure there is a registration at the European level and a publication in the Official Journal

Product Specification Definition of rules of production Name of the product Description of the product Boundaries of the geographical area Method of obtaining Controls Rules of labelling

The recognition of a GI depends on the application by a group of producers and leads to the definition of specification, worded by producers, that producers must comply with in order to be entitled to use the geographical name. Controls are operated before marketing.

Second step The control of the GI

The compliance to the rules laid down in the product specification constitutes a guaranty for consumers and provides fair competition among producers

The control of products aims at : The compliance with specification By analysis, that the products complies with particular criteria and an aptitude for consumption By tasting that the products presents specific organoleptic features (typicité)

General rules An organization must be responsible for the controls of the compliance with the specification: Public : the competent authorities of the State are responsible for the control Private : control bodies organize and carry out the controls Principles : independence, competence and impartiality Those controls do not stand in for general controls : compliance with sanitary rules for example

Organization of controls Producer Group of producers in charge of the defence and the management of the GI INAO Inspection bodies/ Certification bodies Self-controls Internal controls External controls (Control activities delegated by I.N.A.O.)

Third step the Protection of GI in the EU

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 a national and economic heritage: terroirs, know-how, products

Consequences of registration Protection for an unlimited length But rules for cancellation of the registration Any interested person may submit that a condition laid down in the specification of a product covered by the Geographical Indication is no longer fulfilled. Any person with a legitimate interest

In case of non-compliance to specification by any producers, those producers shall lose the right to use the Geographical Indication. Criminal Proceedings Fine €- and prison sentence – 2 years Protection of specification

Protection of names A wide protection of names : misuse, usurpation, false or misleading indication 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 A large protection of the GI : è for a similar product : forbidden (usurpation) è for a different kind of product : excluded if risk of weakening or altering the notoriety of the geographical indication

Exceptions to protection Generic nature : no registration of a generic name Trademarks : no registration if, in the light of a trademark’s reputation and renown and the length of time it has been used, it is liable to mislead the consumer as to the true identity of the product

GI and trademarks Trademarks : The registration of a trademark misusing a previous GI is impossible Relation with previous trademarks : there is a coexistence between GI and a previous trademark and a case by case examination depending on the good faith and the risk of confusion for the public as to the true origin or essential qualities. Example : trademark Cambozola / PDO Gorgonzola A protection of trademarks reputation and renown.

Infrigments on GIs

Counterfeiting by similar products DenmarkGermany PDO Lentille verte du Puy PGI Jambon de Bayonne

PDO Olive de Nice Belgium PDO Lentille verte du Puy Sweden

Argentine Pruneau d’Agen

Trademarks that contain or consist of french GIs Trademark « Chablis » for a wine from Chili Trademark « Ålvados » for a spirit cider from Finland

Weakening/dilution of notoriety by different products Champagne for biscuits Bress with poultry for a wineBress with poultry for a wine ArgentinaAustralia

 Sounds like “Côtes du Rhône”, “Côte d’Or”, “Côte Rôtie” & “Bordeaux” New infringements : The « sounds like »

As a conclusion A demanding approach : a commitment of all producers supported by a public policy Developed Products, Men and Territories.

Thank you for your attention