It follows from Arts. L. 721-2 and L. 721-7(4) of the Intellectual Property Code that industrial and craft products may benefit from a protection of the geographical indication of the area in which they originate, on the sole condition that they have at least one characteristic that can be essentially attributed to that geographical origin, from which it can be concluded that, once a characteristic has been demonstrated, the product may benefit from that protection without it being necessary to establish the pre-existence of a specific designation for that product.
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Translated from the French by David Wright-Policepayeh. Official headnote.
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Association Française des Indications Géographiques Industrielles et Artisanales (AFIGIA) [French Association of Industrial and Artisanal Geographical Indications] v. Rhône-Alpes pierres naturelles (Rhônapi) association and Director General of the Institut national de la propriété industrielle (INPI) Intellectual Property Code, Arts. L. 721-2, L. 721-7(4). “AFIGIA v. Rhônapi and INPI”. IIC (2024). https://doi.org/10.1007/s40319-024-01506-z
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DOI: https://doi.org/10.1007/s40319-024-01506-z