Calvados AOC (Protected Denomination of Origin – PDO) also enjoys protection at a community level through a Protected Geographical Indication (PGI).
The Calvados producers noted an infringement of their AOC and PGI in Finland due to the sale, in stores under the jurisdiction of the Finnish state, of an apple based liquor called “ALVADOS”.
Therefore they filed a complaint with the European Commission asking them to intervene against the Finnish State.
On 31 October 2013, after conducting their investigation, the European Commission announced that the Finnish authorities had confirmed that they had taken the necessary measures to stop the marketing of the ALVADOS products that breached the PGI.
These measures include the obligation to change the incriminating name, under penalty of a withdrawal of products from the market.
Accordingly, the Commission considered that it was not necessary to open infringement proceedings against Finland, but it would be continuing to monitor the implementation if the measures taken by the State.
Geographical Indications include the ability to prohibit a third party that is not located within the geographical zone covered by the protection to use an identical or similar name.
This protection is not limited to the actions of individuals and companies, but can also be imposed on the Member States of the European Union.
In the present case, as the Finnish State owned the stores selling the products in question, it is considered as responsible for the breach of the Calvados PGI. If the State had not demonstrated to the Commission that it had taken the necessary steps to stop the PGI infringement it would have been liable to sanctions from the Commission, including the imposition of a heavy fine.
Furthermore, the fact that the Calvados producers were covered by a PGI enabled them to get the European Commission to intervene against a Member State. It is undeniable that the weight of the Commission facilitates the resolution of Geographical Indication disputes against Member States.
Hence, it is necessary for companies to be very attentive as to the choice of commercial name for their products so as not to breach any Geographical Indications.
Likewise, producers that benefit from a Geographical Indication should be on the lookout for similar products being marketed even if it is outside their domestic market.
REGIMBEAU has a team specialising in Geographic Indications at your disposal to help and answer any questions you have on this specific area of Intellectual Property.
