Agricultural and wine law

A protected designation of origin (PDO, appellation d'origine protégée or AOP) designates a product whose production steps all take place within a defined geographical area, using recognised know-how, and whose characteristics are essentially due to that geographical environment. A protected geographical indication (PGI, indication géographique protégée or IGP) requires a looser link: at least one production step must take place in the area, and the product must have a quality or reputation attributable to its origin. Both are registered at EU level on the basis of a product specification (cahier des charges) and are overseen in France by the INAO.

Yes, in several cases. Rent (fermage) must be set between the maximum and minimum amounts fixed by the prefect: if it exceeds them, the tenant may ask for it to be brought back within the legal limits and recover the sums unduly paid, subject to the limitation period. In addition, where the agreed rent departs by at least one tenth from the normal rental value, either the tenant or the landlord may, during the third year of the lease and once per lease, apply to the rural lease tribunal (tribunal paritaire des baux ruraux) to set the normal rent for the remaining term (article L. 411-13 of the French Rural and Maritime Fishing Code).

Only with great caution. Names protected as a PDO or PGI are protected against any direct or indirect commercial use, and against any evocation, for products that do not comply with their specification. A trademark incorporating an appellation may only be registered and used for products that comply with that specification, and without misleading consumers as to origin. Certain terms, such as « château » or « clos », are moreover reserved for appellation wines from a specific estate. A prior check is essential before any filing.

A French trademark has no effect in the United States. You must either file directly with the USPTO or extend a French or EU trademark through the Madrid system, designating the United States. In both cases, an applicant based outside the United States must be represented by an attorney admitted to the bar of a U.S. state, and will have to show use of the mark in the United States. For wines, the label must also be approved by the competent federal authority (TTB, COLA procedure) before any sale, independently of the trademark registration.

Fees are agreed with the client in a written fee agreement, in accordance with article 10 of the French law of 31 December 1971. Depending on the matter, they may be based on time spent or a fixed fee and, where applicable, include an additional success-based fee. Information on how costs are determined is provided before any work begins.