Protected designation of origin ("PDO")

The protected designation of origin is the European Union quality scheme that identifies an agricultural product, foodstuff or wine originating in a specific place, region or, exceptionally, country, whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its inherent natural and human factors, and all of whose production steps take place in the defined area. Its regime is set out in Regulation (EU) 2024/1143, which replaced Regulation (EU) No 1151/2012. In France, it extends to EU level the controlled designation of origin (appellation d’origine contrôlée) defined by the Consumer Code and the Rural and Maritime Fishing Code.

Conditions for recognition

A PDO requires a product specification which defines the geographical area, describes the product and its characteristics, sets out the production conditions and establishes the link between the quality of the product and its origin. Production, processing and preparation must all take place within the area, which distinguishes a PDO from a protected geographical indication, for which a single step suffices. The application is made by a group of producers, in France the protection and management body (organisme de défense et de gestion), examined at national level by the INAO (French National Institute of Origin and Quality) with a national opposition procedure, and then forwarded to the European Commission, which scrutinises and publishes it, receives oppositions from other States and third parties, and registers the name.

Scope of protection

The registered name is protected against any direct or indirect commercial use in respect of comparable products or exploiting its reputation, against any misuse, imitation or evocation, even if the true origin is indicated or the name is translated or accompanied by expressions such as “style”, “type” or “method”, against any false or misleading indication as to provenance and against any other practice liable to mislead the consumer. Protection extends to use of the name as an ingredient and to domain names. A PDO cannot become generic, and a later trade mark that conflicts with it is refused or invalidated.

Litigation

Article L. 722-1 of the French Intellectual Property Code classifies any violation of a geographical indication, including PDOs, as infringement and gives the right holder access to the tools of intellectual property litigation, notably saisie-contrefaçon and provisional measures. Civil proceedings fall within the jurisdiction of the Judicial Court and may be brought by the protection and management body, by producers and by the INAO. They are often coupled with criminal proceedings for misleading commercial practices.

Key points

A PDO reserves a geographical name for products whose quality is due to their terroir and all of whose production steps take place in the defined area. Protection, which is broad and not subject to limitation, covers misuse, imitation and evocation, even where the real origin is indicated. Before launching any product, name or trade mark, it should be checked that there is no conflict with a registered name, and producers should document each infringement before taking action.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

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