What does the law say ?
According to the provisions similar to the agricultural and agri-food AOP and IGP (with the exception of usage referring to the ingredients), article L721-8 of the code of intellectual property indicates that the names covered by a GI are protected against :
All counterfeit or misuse of identical products, similar or comparable to those protected by the GI
All direct / indirect reference or all misappropriation of the reputation of the GI
All direct or indirect commercial usage of a registered denomination regarding products not covered by the registration, when these products are comparable to those registered under this denomination or when this usage allows profiteering from the reputation of the protected denomination.
All counterfeit, imitation or portrayal, even if the true origin of the products or services is indicated or if the protected denomination is translated or accompanied by an expression such as “like”, “type”, “method”, “way”, “imitation” or similar expression.
All other false or misleading statement concerning the provenance, the origin, the nature or the essential qualities of the product which appear on the wrapping, the packaging, or on the advertising or the documents relating to the product concerned, as well as the use of a packaging recipient whose nature creates a false impression of the product’s origin ;
All other practice likely to confuse the consumer as to the true origin of the product.
Modification of the Geographical Indication
A Geographical Indication cannot be modified by a third party.
Only the Defence and Management Organisation has the possibility and legal right. It can bring changes to the code of practice which will again be submitted for validation by the INPI.
The GI whose Code of Practice has been certified by the INPI can never be considered to be generic in character and fall into the public domain.