FRANCE

COUNTRY : FRANCE

CAPITAL : PARIS

LANGUAGE : FRENCH

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, BERNE CONVENTION, TRADEMARK LAW TREATY WIPO, PCT, OECD, G – 8, G-20,

The IP affairs in France are looked after by the National Institute of Industrial Property (INPI).

The Geographical Indications affairs in France are looked after by the Ministry of Agriculture and Fisheries which is the National Authority concerning policy issues.

Following are the Committees looking after GI registrations:

  1. The National Committee for Wines & Spirits
  2. The National Committee for Dairy Products (Cheeses)
  3. The National Committee for Agricultural Products
  4. The National Committee for Protected Geographical Indications.

  • LAW PROTECTION GEOGRAPHICAL INDICATION FRANCE

    • Following are the Committees looking after GI registrations:

      1. The National Committee for Wines & Spirits
      2. The National Committee for Dairy Products (Cheeses) (iii). The National Committee for Agricultural Products (iv). The National Committee for Protected Geographical Indications.
  • ROLE PLAYED BY GEOGRAPHICAL INDICATION FRANCE:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN FRANCE

    • The Registrants must get a ‘Defense Union’ instituted to manage applications. This Union in consultation with INAO (Institut National des Appellations d’Origine) prepares applications fulfilling filing specifications.

      GIs in France are protected by way of the following:

      1. Trademark Law
      2. Unfair Competition Law
      3. Law on the Protection of Appellations of Origin
      4. Geographical Indications Act
      5. Consumer Code

      Categories of GI Protected:

      1. Indications of Source
      2. Appellations of Origin
      3. Geographical Indications
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE FRANCE

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
      • A GI is not to be registered as a Collective mark

      GIs may be protected as:

      A GI not having a special reputation with regards to the specific product concerned may be registered as a valid trademark

  • REQUISITES TO BE GEOGRAPHICAL INDICATION FRANCE

    • Following are the requisites for filing GI:

      • Specification of Products
      • Geographical origin & tradition
      • Ecological dimensions
      • Specific characteristics of the products
      • The reasons underlying the registration request
      • Proof of notoriety, information regarding usage of the name and the products reputation giving historical data
      • Proof of link between the product and the natural, technical, social conditions which confer the products its typicality
      • A Financial study comprising networks, price, added value in comparison to other similar products
  • WHO CAN FILE GEOGRAPHICAL INDICATION FRANCE
  • EXAMINATION OF GEOGRAPHICAL INDICATION FRANCE

    • Interested parties have 3 months post filing of the application to object, oppose or ask for cancellation of the GI.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION FRANCE

    • Applications complying with all formal requirements are approved by the National Committee. If there is no opposition within 3 months of filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION FRANCE
  • Cost of Registration of Trademarks
Geographical News