| Popis: |
The extension of the European system of Geographical Indications (GI) for agricultural products and foodstuffs to non-agricultural products is currently discussed at the European level. Among the member states, France implemented a specific national system of protection of GIs for industrial and artisanal products (in French “Indications Géographiques pour les Produits Industriels et Artisanaux”, IGPIA). This system was created with the Loi Hamon in 2014 and it is administered by the “Institut National de la Propriété Intellectuelle” (INPI). So far, 12 denominations have been registered.While multiple studies have been carried out since 2013 to serve the ongoing political discussion at the European level, the social and legal implications of already existing non-agricultural GIs at the national and local levels are still under-researched. This contribution compares two experiences: the IGPIA “Absolue Pays de Grasse” and the Protected Designation of Origin (PDO) “Huile essentielle de Lavande de Haute-Provence”. Some characteristics of the value chains involved are homogeneous, namely the type and the provenance of the raw materials, the flowers. However, the nature of the processing steps explains different choices undertaken by stakeholders for valorising and protecting the geographical name, either as a PDO or as an IGPIA.The joint interpretation and analysis of the control plan and the product specifications revealed different approaches, aimed at the registration and management of the IGPIA and PDO at the local level. These producers' strategies respond to the substantial and procedural legal rules governing the chosen Intellectual Property tool. On the one hand, the case study on the IGPIA “Absolue Pays de Grasse” highlights that the complex structure of the value chain and the heterogeneity of stakeholders led to the creation of two centres of decision-making, one managed by the producers of flowers and one by the processors, both operating at different levels and degrees. On the other hand, the registration of the PDO “Huile Essentielle de Lavande de Haute-Provence” is the result of a long integrated collective action process carried out by a cohesive group of stakeholders (flowers producers and processors).As a result of these patterns of collective action, different choices emerge on the link to origin and the management of controls among the actors of the value chain. The presence of two centres of decision-making for the IGPIA raises questions on the representativeness of the “Organisme de Défense et Gestion” (ODG). Moreover, the legal rules governing the French system of IGPIA favour interactions between the ODG and the control body that might weaken collective action at the local level, compared to the agricultural GI system.Finally, the publication of the control plan together with the product specifications in the INPI database was key to understanding the IGPIA specifications and management at the local level. This is a practice that could inspire the agricultural GI system administered by the French national authority. |
