Linge Basque’, ‘
Absolue Pays de Grasse’ and ‘
Pierre d’Arudy’ joined the small family of geographical indications for industrial and handicraft products. To date, 12 geographical indications have been approved by the French IP office, INPI. There are, however, two new applications for registration: ‘
couteau de Laguiole’ and ‘
poteries d’Alsace’, for which public inquiries for the registration of geographical indications have just been opened.
A geographical indication is a distinctive sign. It assures the consumer of characteristics attributable to that geographical origin, which is a guarantee of the quality and authenticity of the product. It makes it possible to link a product to its origin. Its purpose is to protect pre-existing know-how and production.
France jurisdiction report: Protecting your plate
10-01-2021
09-09-2016
French deputies have tabled a draft of law to create a sui generis industrial property right protecting culinary creations.
Current industrial property law only imperfectly allows culinary creators to obtain protection for their creations at a time when French cuisine is enjoying more and more success, especially abroad.
French case law has decided, on several occasions, that a recipe which could be compared to a compilation of non-protectable ideas or to the presentation of know-how cannot be the object of an appropriation, neither by copyright nor by patent law.
The culinary creator may however use patent law in order to protect some of the innovations contained in his or her creations. For example, chef Guy Savoy patented the process of neutralising the taste of iodine while respecting the original taste of sea-urchin.