Champagne protected designation of origin and trademark law within the European Union, the issue of labeling
Trademark law aims to protect the commercial circuit by associating a sign with a line of products or services in a given territory. It is a right harmonized by European Union law. The Union also has its own community trade mark system valid throughout the territory of the Union and managed by the trade mark office of the Union, the EUIPO ex-OHIM.
The protected designation of origin is a legal system of Union law (during the French AOC) which aims to promote and maintain local terroirs and know-how.
Union law (Articles 2, 3 and 4 of the TFEU) provides for exclusive Union competence in matters of commercial policy, competition rules and customs union, and shared competence with the Member States in agriculture and consumer protection sectors.
Insofar as the matter refers to both market protection and product quality, Union law is therefore very present.
“PDO protected designations of origin” are granted under strict conditions and are effectively protected.
PDOs certify the quality of a product by virtue of its origin and the methods used. Their use is strictly regulated.
A distributor cannot distribute champagne without affixing the word champagne.
With regard to champagne, the Champagne Committee (CIVC), a French national institution, controls the affixing of brands and associated labeling on champagne products, through a brand registration system (which it whether it is a handler or a distributor). The number thus assigned must appear on all documents relating to the product.
Example of subject of conflict:
Traditional designations assimilated to designations of origin must not be confused with certain traditional, non-geographical terms relating to wines and spirits, such as "traditional method", "reserve", "closed", "village" or "château". ". These mentions do not constitute designations of origin, but are protected as corollaries of certain designations for which they are reserved.
Translations: PDO-PGI – The regulations on PDO-PGI explicitly provide for the case of the translation of designations.
Thus, Articles 13, § 1, b), of Regulation (EU) No 1151/2012, and 103, § 2, b), of Regulation (EU) No 1308/2013, guarantee the protection of PDOs and PGIs. registered, "even if the protected name is translated" (V. CJCE, 26 Feb. 2008, case C-132/05, pt 78, prec. n° 120, protection of the PDO "Parmigiano Reggiano" in its translated as “parmesan”).
This protection is in accordance with Article 23 of the TRIPS Agreement – the regulations refer to it moreover – which, in the context of the additional protection reserved for wines and spirits, excludes the translation of geographical indications concerning to designate strictly similar products:
TRIPS, art. 23
each Member shall provide the legal means which allow interested parties to prevent the use of a geographical indication identifying wines for wines which do not originate in the place indicated by the geographical indication in question, or identifying spirits for spirits which do not originate in the place indicated by the geographical indication in question, even in cases where […] the geographical indication is used in translation.
Main texts of the wine sector
Union
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labeling and protection of geographical indications of spirit drinks and repealing Regulation (EEC) No Council 1576/89
Council Regulation (EC) 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 on the common organization of the markets in the agricultural sector and specific provisions regarding certain products in this sector (single CMO regulation)
Commission Implementing Regulation (EU) No. 314/2012 of 12 April 2012 amending Regulations (EC) No. 555/2008 and (EC) No. 436/2009 as regards the documents accompanying the transport of products wineries and the records to be kept in the wine sector
Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the common organization of the markets in agricultural products and repealing Regulations (EEC) No. 922/72, (EEC) No. 234/79, ( Council (EC) No. 1037/2001 and (EC) No. 1234/2007
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the vine planting authorization scheme, the vineyard register, accompanying documents and certification, register of entries and exits, mandatory declarations, notifications and publication of notified information, supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards concerning controls and applicable penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Regulation (EC) No 436 /2009 and Commission Delegated Regulation (EU) 2015/560
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for the protection of designations of origin, geographical indications and traditional terms in the wine sector, the opposition procedure, restrictions on use, changes to specifications, cancellation of protection, labeling and presentation
France
Wine Code, article 152 and following in particular
Law of May 6, 1919 on the protection of designations of origin
Law of January 13, 1938 supplementing the provisions of the decree of July 30, 1935 on controlled designations of origin
Law of April 12, 1941 creating an interprofessional committee for Champagne wine
Decree n°78-71 of January 17, 1978 concerning the density of plantations, the methods of management and the methods of pruning of the vines intended for the production of wines with a controlled designation of origin “Champagne and “Côteaux champenois”
Decree No. 2010-1441 of November 22, 2010 relating to the controlled designation of origin "Champagne"
Decree No. 2012-655 of May 4, 2012 relating to the labeling and traceability of wine products and certain oenological practices
formatting
Trademark law aims to protect the commercial circuit by associating a sign with a line of products or services in a given territory. It is a right harmonized by European Union law. The Union also has its own community trade mark system valid throughout the territory of the Union and managed by the trade mark office of the Union, the EUIPO ex-OHIM.
The protected designation of origin is a legal system of Union law (during the French AOC) which aims to promote and maintain local terroirs and know-how.
Union law (Articles 2, 3 and 4 of the TFEU) provides for exclusive Union competence in matters of commercial policy, competition rules and customs union, and shared competence with the Member States in agriculture and consumer protection sectors.
Insofar as the subject refers to both market protection and product quality, Union law is therefore very present.
“PDO protected designations of origin” are granted under strict conditions and are effectively protected.
PDOs certify the quality of a product by virtue of its origin and the methods used. Their use is strictly regulated.
A distributor cannot distribute champagne without affixing the word champagne.
With regard to champagne, the Champagne Committee (CIVC), a French national institution, controls the affixing of brands and associated labeling on champagne products, through a brand registration system (which it whether it is a handler or a distributor). The number thus assigned must appear on all documents relating to the product.
Example of subject of conflict:
Traditional designations assimilated to designations of origin must not be confused with certain traditional, non-geographical terms relating to wines and spirits, such as "traditional method", "reserve", "closed", "village" or "château". ". These mentions do not constitute designations of origin, but are protected as corollaries of certain designations for which they are reserved.
Translations: PDO-PGI – The regulations on PDO-PGI explicitly provide for the case of the translation of designations.
Thus, Articles 13, § 1, b), of Regulation (EU) No 1151/2012, and 103, § 2, b), of Regulation (EU) No 1308/2013, guarantee the protection of PDOs and PGIs. registered, "even if the protected name is translated" (V. CJCE, 26 Feb. 2008, case C-132/05, pt 78, prec. n° 120, protection of the PDO "Parmigiano Reggiano" in its translated as “parmesan”).
This protection is in accordance with Article 23 of the TRIPS Agreement – the regulations refer to it moreover – which, in the context of the additional protection reserved for wines and spirits, excludes the translation of geographical indications concerning to designate strictly similar products:
TRIPS, art. 23
'each Member shall provide the legal means which allow interested parties to prevent the use of a geographical indication identifying wines for wines which do not originate in the place indicated by the geographical indication in question, or identifying spirits for spirits which do not originate in the place indicated by the geographical indication in question, even in cases where […] the geographical indication is used in translation.'
Main texts of the wine sector
Union
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labeling and protection of geographical indications of spirit drinks and repealing Regulation (EEC) No Council 1576/89
Council Regulation (EC) 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 on the common organization of the markets in the agricultural sector and specific provisions regarding certain products in this sector (single CMO regulation)
Commission Implementing Regulation (EU) No. 314/2012 of 12 April 2012 amending Regulations (EC) No. 555/2008 and (EC) No. 436/2009 as regards the documents accompanying the transport of products wineries and the records to be kept in the wine sector
Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the common organization of the markets in agricultural products and repealing Regulations (EEC) No. 922/72, (EEC) No. 234/79, ( Council (EC) No. 1037/2001 and (EC) No. 1234/2007
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the vine planting authorization scheme, the vineyard register, accompanying documents and certification, register of entries and exits, mandatory declarations, notifications and publication of notified information, supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards concerning controls and applicable penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Regulation (EC) No 436 /2009 and Commission Delegated Regulation (EU) 2015/560
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for the protection of designations of origin, geographical indications and traditional terms in the wine sector, the opposition procedure, restrictions on use, changes to specifications, cancellation of protection, labeling and presentation
France
Wine Code, article 152 and following in particular
Law of May 6, 1919 on the protection of designations of origin
Law of January 13, 1938 supplementing the provisions of the decree of July 30, 1935 on controlled designations of origin
Law of April 12, 1941 creating an interprofessional committee for Champagne wine
Decree n°78-71 of January 17, 1978 concerning the density of plantations, the methods of management and the methods of pruning of the vines intended for the production of wines with a controlled designation of origin “Champagne and “Côteaux champenois”
Decree No. 2010-1441 of November 22, 2010 relating to the controlled designation of origin "Champagne"
Decree No. 2012-655 of May 4, 2012 relating to the labeling and traceability of wine products and certain oenological practices
Update Oct.2021
“Champanillo”
English 
French 
German 
Spanish 
Portuguese 
Italian