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Article L721-4 of the French Intellectual Property Code

The defence and management of a product benefiting from a geographical indication shall be ensured by a private body with legal personality. The same body may ensure the defence and management of several products. For each of the products for which a geographical indication is envisaged, the rules governing the composition and operation of the body must ensure that the operators concerned are representative. The defence and management tasks carried…

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Article L721-5 of the French Intellectual Property Code

Any operator who so requests is automatically a member of the defence and management body as long as it complies with the approved specifications. An operator may only use a geographical indication if it is a member of the defence and management body for that geographical indication and is entered on the list of operators in the specification or on the list of operators updated and published in the Bulletin…

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Article L721-6 of the French Intellectual Property Code

The defence and management body contributes to the general interest mission of preserving and promoting the territories, local traditions and know-how as well as the products derived from them. For each product benefiting from a geographical indication for which it ensures the defence and management, the body :

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Article L721-7 of the French Intellectual Property Code

The specifications for a specific geographical indication: 1° The name thereof; 2° The product concerned; 3° The delimitation of the associated geographical area or specific place; 4° The quality, reputation, traditional know-how or other characteristics which the product concerned possesses and which may be essentially attributed to that geographical area or specific place, as well as the elements establishing the link between the product and the associated geographical area or…

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Article L721-8 of the French Intellectual Property Code

I. – Without prejudice to articles L. 115-16 of the Consumer Code and L. 722-1 of this code, registered names are protected against: 1° Any direct or indirect commercial use of a registered name in respect of products not covered by the registration, where such products are comparable to those registered under that name or where such use makes it possible to take advantage of the reputation of the protected…

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Article L721-9 of the French Intellectual Property Code

Compliance with the specifications by operators is monitored by conformity assessment bodies, which may be either inspection bodies or certification bodies, which benefit from accreditation issued by the national accreditation body referred to in article 137 of Law no. 2008-776 of 4 August 2008 on the modernisation of the economy, or by the national accreditation body of another Member State of the European Union, which is a member of the…

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Article L722-1 of the French Intellectual Property Code

Any infringement of a geographical indication in violation of the protection granted to it by European Union law or national legislation shall constitute an infringement giving rise to liability on the part of the infringer. For the purposes of this Chapter, “geographical indication” means: a) The designations of origin defined in Article L. 115-1 of the Consumer Code; b) Geographical indications defined in Article L. 721-2; c) Designations of origin…

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Article L722-2 of the French Intellectual Property Code

A civil action for infringement shall be brought by any person authorised to use the geographical indication concerned or any body whose task it is under the law to defend geographical indications. Any person mentioned in the first paragraph shall be entitled to intervene in proceedings brought by another party for infringement.

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Article L722-3 of the French Intellectual Property Code

Any person having standing to bring an infringement action may apply to the competent civil court for summary proceedings to have ordered, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, any measure intended to prevent an imminent infringement of a geographical indication or to prevent the continuation of allegedly infringing acts. The competent civil court may also order any urgent measures…

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