Protected Designations of Origin (PDOs)

Protected Designation of Origin (PDO)

PDO is a system used in Europe to protect the names of food products that come from a specific region and have qualities or a reputation linked to that region. PDO status is the most stringent of the European geographical indications.

For a product to be labeled with a PDO, all stages of production, processing and preparation must take place in the designated region.  The raw materials must also come from the region.  This ensures that the product has unique characteristics and qualities specific to that geographical location.

Some well-known examples of PDO products include:

• Parmigiano Reggiano cheese - only cheese produced in a specific area of Emilia-Romagna (艾米利亞-羅馬涅大區) and Lombardy(倫巴底大區) in Italy can be labelled as Parmigiano Reggiano.
   

  
  
• Champagne - only sparkling wine produced in the Champagne region of France can be labelled as Champagne.
  

  
  
  
• Roquefort cheese - this cheese must be processed from raw sheep's milk and matured in the natural Combalou caves (康巴盧酒窖) near Roquefort-sur-Soulzon (蘇爾宗河畔羅克福爾) in southern France.
  

  
  

PDO status helps to protect consumers from imitations and ensures that they are getting a genuine product with the unique characteristics associated with the region. It also helps to protect the livelihoods of producers in that region.

Case: The Champanillo 

Background

The Champanillo case involved a dispute between the Comité Interprofessionnel du Vin de Champagne (CIVC), the protector of the "Champagne" PDO (Protected Designation of Origin), and a company, GB, that used the term "Champanillo" for its tapas bars.

Key Points

CIVC argued: Using "Champanillo" for tapas bars infringed the "Champagne" PDO.

Spanish Judge (Initially): Disagreed. "Champanillo" refers to restaurants, not champagne, so no infringement.

Question for CJEU: Can a non-champagne product/service infringe a PDO?

CJEU Decision

Upheld CIVC's claim. Here's why:

PDO Evocation, Not Just Products: PDO protection extends beyond just products. Even if "Champanillo" wasn't champagne, it could still evoke the "Champagne" PDO.

Reputation Protection: The reputation of a PDO product can be misused by linked services. People might associate "Champanillo" tapas bars with genuine Champagne, even if they don't sell it.

Direct Link, Not Identity: The contested term ("Champanillo") doesn't have to be identical to the PDO ("Champagne") for infringement. There just needs to be a clear connection in the consumer's mind. In this case, the conceptual similarity ("Champanillo" sounds like "Champagne") creates a link.

Impact

This case broadens the scope of PDO protection.

It emphasizes that PDOs are not just about the product itself, but also about its reputation and how it might be exploited by related services.

Comparison to Trademark Infringement

The CJEU approach here aligns with how "well-known trademarks" are protected. Both require a link in the consumer's mind between the contested term and the protected element (PDO or trademark).

Reference

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R1308