Geographical Indications Law in Saint Barthélemy (France)
Here’s an overview of Geographical Indications (GI) Law in Saint Barthélemy — a French overseas collectivity:
🇧🇱 Geographical Indications Law in Saint Barthélemy (France)
General Context
Saint Barthélemy is a French Overseas Collectivity.
As such, it is subject to French national law and European Union regulations concerning intellectual property, including Geographical Indications.
GIs are protected under the same framework as in mainland France and the EU.
1. Legal Framework
| Law / Regulation | Description |
|---|---|
| French Intellectual Property Code (Code de la propriété intellectuelle) | Governs protection of GIs, trademarks, and related rights. |
| EU Regulation (EU) No. 1151/2012 | Regulates quality schemes including PDO, PGI, and TSG across the EU, extended to overseas collectivities like Saint Barthélemy. |
| Administered by | French National Institute of Intellectual Property (INPI) and European Commission for EU-wide GIs. |
2. Types of Protection
Protected Designation of Origin (PDO): Strict geographical and production requirements.
Protected Geographical Indication (PGI): Less strict, at least one stage in the region.
Traditional Specialty Guaranteed (TSG): Focus on traditional production methods.
3. Registration Process
Applications can be filed with INPI for national protection or directly with the European Commission for EU-wide protection.
The process includes:
Description of the product and link to the geographical area.
Examination and publication for objections.
Registration and protection.
4. Duration and Renewal
Protection lasts indefinitely as long as the product meets the registered specifications.
Periodic checks and controls ensure compliance.
5. Enforcement
Enforcement is through French courts.
Violations can lead to injunctions, fines, and damages.
Customs enforcement against counterfeit goods is active.
6. International Obligations
France is a member of:
WTO/TRIPS Agreement
Paris Convention
Lisbon Agreement (through WIPO)
GIs registered in France and the EU are protected internationally via treaties.
Summary Table
| Aspect | Details |
|---|---|
| Applicable Law | French Intellectual Property Code & EU Regulation |
| Authority | INPI and European Commission |
| Types of GI Protection | PDO, PGI, TSG |
| International Treaties | TRIPS, Paris Convention, Lisbon Agreement |
| Enforcement | French courts, customs |
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