Protected geographical indication ("PGI")

The protected geographical indication is the European Union quality scheme that identifies an agricultural product, foodstuff, wine or spirit drink originating in a specific place, region or country, whose given quality, reputation or other characteristic is essentially attributable to that origin, and at least one of whose production steps takes place in the defined area. Its regime falls under Regulation (EU) 2024/1143 for agricultural products and wines, spirit drinks retaining their sectoral regulation for the definition of the product. It differs from the protected designation of origin in requiring a less demanding link to the terroir.

Conditions for recognition

The product specification describes the product, defines the area, sets the production rules and establishes the link with the origin, which may rest solely on the product’s historical reputation, as for many cured meats or fruits. It is enough for a single step of production, processing or preparation to take place within the area, and raw materials may come from elsewhere under the conditions laid down in the specification. The application comes from a group of producers, in France the protection and management body (organisme de défense et de gestion) recognised by the INAO (French National Institute of Origin and Quality), which handles the national procedure before the application is forwarded to the European Commission for scrutiny, publication, opposition and registration.

Scope of protection

Protection is identical to that of a PDO: a prohibition of any direct or indirect commercial use for comparable products or taking advantage of the reputation of the name, of any misuse, imitation or evocation, even where the true origin is indicated or terms such as “type” or “method” are used, of any false indication as to provenance and of any other misleading practice. The name cannot become generic and prevails over later trade marks, whose registration is refused or invalidated where they conflict with it. On the other hand, all operators established in the area and complying with the specification are entitled to use the name, so that a PGI is a collective right, not a private monopoly.

Litigation

Any infringement of a PGI constitutes infringement within the meaning of Article L. 722-1 of the French Intellectual Property Code, which opens the way to saisie-contrefaçon, provisional measures and proceedings on the merits before the Judicial Court, at the initiative of the protection and management body, producers or the INAO. Infringement is also pursued as a misleading commercial practice and may found an action for unfair competition or free riding (parasitisme) against anyone exploiting the collective reputation.

Key points

A PGI reserves a geographical name for products whose reputation or a given quality derives from their origin and at least one production step of which takes place in the area, with a less strict link to the terroir than a PDO. Its protection covers misuse, imitation and evocation, and takes precedence over later trade marks. Before choosing any name or trade mark, it should be checked that there is no conflict, and producers should take civil or criminal action as soon as an infringement is detected.

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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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