Protection and management body (organisme de défense et de gestion, "ODG")

The protection and management body is the collective organisation, with legal personality, that holds a quality and origin identification sign on behalf of the producers concerned. For agricultural products, wines and foodstuffs, it is recognised by the INAO (French National Institute of Origin and Quality) under Articles L. 642-17 et seq. of the Rural and Maritime Fishing Code, a single body being recognised for each product covered by a PDO, a PGI, a TSG or a Label Rouge. For craft and industrial products, the French Intellectual Property Code assigns the same role to a protection and management body whose representativeness is assessed by the INPI.

Recognition and representativeness

The body is most often a trade union or an association bringing together the operators in the sector. Recognition requires its articles to ensure the representativeness of the operators, a balance between the different categories of producers and processors, and democratic operation. Any operator wishing to produce under the sign must be registered with the body and contributes to the funding of its tasks through a levy. Recognition may be withdrawn if those conditions cease to be met. For geographical indications for craft and industrial products, the body must also be open to any operator complying with the product specification.

Tasks

The body drafts the product specification and its amendments, which it submits to the INAO or the INPI, and helps operators apply it. It keeps the list of operators up to date, takes part in implementing the inspection plan entrusted to an independent certification or inspection body, and contributes to statistical knowledge and promotion of the product. It ensures the defence and protection of the name, the product and the terroir, in France and abroad, which includes watching trade mark filings and domain names, filing oppositions and bringing legal proceedings.

Role in litigation

The body has standing to bring proceedings in defence of the sign for which it is responsible, for infringements consisting in misuse, imitation or evocation of the name, on the basis of infringement under Article L. 722-1 of the French Intellectual Property Code, unfair competition or misleading commercial practices. It files oppositions before the INPI and the EUIPO against trade marks that conflict with the indication. It may join criminal proceedings as a civil party and acts alongside the INAO, which has its own standing. The harm it relies on is both collective, through damage to the reputation of the sign, and individual for the producers it represents.

Key points

The protection and management body is the single point of contact for the authorities and the courts for a quality sign: it drafts the product specification, organises inspections, represents operators and defends the name in court. Any operator wishing to use a PDO or PGI must register with it. In the event of infringement, it is the body that should be approached first, and it is the body that gathers the evidence and takes action, alone or with the INAO.

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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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