Industrial Property Law

Any infringement of a geographical indication in violation of the protection granted to it by EU or national law constitutes an infringement that incurs the liability of the infringer (Art. L. 722-1, para. 1, IP Code). In addition, the production, offer, sale, placing on the market, import, export, transshipment, use or possession for those purposes of goods the representation of which infringes o …

Definition

Any infringement of a geographical indication in violation of the protection granted to it by EU or national law constitutes an infringement that incurs the liability of the infringer (Art. L. 722-1, para. 1, IP Code). In addition, the production, offer, sale, placing on the market, import, export, transshipment, use or possession for those purposes of goods the representation of which infringes or is likely to infringe a geographical indication is prohibited (Art. L. 722-1, para. 3, IP Code).

A name that constitutes an appellation of origin, or any other reference to it, may not be used for any similar product (Art. L. 643-1, para. 1, Rural and Fishing Code) or for an establishment or another product or service when such use is likely to mislead or undermine the reputation of the appellation (Art. L. 643-1, para. 2, Rural and Fishing Code).

The possibility of diminishing the reputation of the appellation of origin is notably constituted when an undertaking markets and promotes the products associated with this appellation on a scale and in a manner that is beyond the control of the operators concerned, with a view to benefiting from its economic value and attractiveness . On the other hand, it is ruled out when the undertaking marketing a product whose name evokes the appellation of origin creates its own universe around this product, through a lengthy and sustained operation that has met with real commercial success, even if it uses characteristic elements of the products designated by this appellation .

While the courts initially required the existence of a risk of confusion in order to find infringement of a geographical indication , the Paris Court of Appeal abandoned this criterion in a ruling handed down on 25 April 2007, holding that Article L. 643-1 of the French Rural Code prohibits the use of the name constituting the appellation of origin, even if it is translated or transliterated, or the mention of it in connection with similar products, without there being any need to determine whether there is a risk of confusion between the products . Thus, the evocative character of the name is sufficient. This is the case of the use of the word “pape” (pope) in the name “Enclave des Papes”, in the wine sector, which evokes the appellation “Châteauneuf-du-Pape” .

Infringement of an appellation of origin can also result from the simple inclusion of an indication of origin , when this misleads the consumer as to the characteristics of the product, misappropriates or diminishes the reputation of the appellation or, more generally, undermines the specific nature of the protection reserved for the appellation of origin, in particular through the misuse of a geographical reference in a name used for sale (Art. L. 643-2 of the Rural and Fishing Code).

Cass. com. 25 November 2014, LawLex201500000221JBJ, regarding the appellation “Champagne” used in the name of duck foie gras, guinea fowl and goose gigolette.

CA Paris, 7 November 2007, 06/14734, LawLex202200008775JBJ, regarding the trademark “Champomy” in relation to the appellation “Champagne”, appeal rejected by Cass. com, 7 July 2009, LawLex201500000243JBJ.

Cass. crim, 19 April 2005, LawLex202200000558JBJ.

CA Paris, 25 April 2007, LawLex202200001336JBJ; See also CA Paris, 7 November 2007, LawLex202200008775JBJ.

Cass. crim, 22 February 2011, LawLex20220000000560JBJ.

An indication of origin designates the place of origin of a product but does not provide any information on quality or reputation. It does not give rise to the specific protection of appellations of origin, but to civil actions for unfair competition or for passing off (parasitism).

Appellations of origin

Infringements of geographical indications are defined in Article L. 721-8 of the Intellectual Property Code as follows:

- any direct or indirect commercial use of a registered name for products not covered by the registration, where such products are comparable to those registered under that name or where such use makes it possible to profit from the reputation of the protected name;

- any usurpation, imitation or reference, even if the genuine origin of the goods or services is indicated or if the protected name is translated or accompanied by an expression such as “kind”, “type”, “method”, “manner”, “imitation” or a similar expression;

- 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 or on documents relating to the product concerned, as well as the use for the packaging of a recipient of such a nature as to create an inaccurate impression as to the origin of the product; 

- any other practice liable to mislead the consumer as to the actual origin of the product.

Where a geographical indication itself contains the name of a product considered generic, the use of this generic name is not considered a direct or indirect use, or usurpation, imitation or reference, within the meaning of Article L. 721-8 of the Intellectual Property Code.

Industrial Property Law

219. Definition

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Les notions juridiques connexes

219. Definition

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Les notions juridiques connexes

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