INAO (French National Institute of Origin and Quality)

The National Institute of Origin and Quality, which has kept the acronym INAO of the former National Institute of Designations of Origin, is the public administrative body responsible, under the supervision of the Ministry of Agriculture, for implementing the quality and origin identification signs for agricultural, forestry, food and seafood products. Its status and tasks are set out in Articles L. 642-5 et seq. of the Rural and Maritime Fishing Code. It is the competent national authority for designations of origin, geographical indications, traditional specialities guaranteed, the Label Rouge and organic farming.

Organisation

The institute is governed by a standing council and by national committees specialised by product family, in particular for designations of origin relating to wines and alcoholic beverages, for dairy, agri-food and forestry designations, for protected geographical indications, Labels Rouges and traditional specialities guaranteed, and for organic farming. These committees, made up of industry professionals and government representatives, examine applications for recognition and product specifications. The institute has regional offices.

Tasks

The INAO examines applications for recognition as a PDO, PGI or TSG, conducts the national opposition procedure and forwards the files to the European Commission. It proposes the delimitation of geographical areas, recognises protection and management bodies, approves inspection plans and accredits the certification and inspection bodies that verify compliance with product specifications. It ensures the protection of names in France and abroad, by watching trade mark filings and intervening with foreign offices and authorities.

Role in litigation

The institute has standing to bring proceedings in defence of the signs for which it is responsible, in civil proceedings, where infringement of a geographical indication constitutes infringement within the meaning of the French Intellectual Property Code, and in criminal proceedings, where it may join as a civil party. It files oppositions before the INPI and the EUIPO against trade marks that reproduce or evoke a protected name and may seek a declaration of invalidity of registered marks. Its decisions granting or refusing recognition, taken after consulting the national committees, are administrative acts that may be challenged before the administrative courts, the delimitation of areas being approved by decree or ministerial order. For geographical indications for craft and industrial products, by contrast, the INPI is the competent authority.

Key points

The INAO is the national authority for agricultural and food quality and origin signs: it examines applications, delimits areas, recognises protection and management bodies, oversees inspections and defends names in France and abroad. It should be approached, together with the protection and management body, in respect of any infringement of a designation, and its services should be consulted on the status of a recognition procedure or an amendment to a product specification.

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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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