Wine Law

31 essentially attributable to that geographical origin” 39 . The definition provided by the French act is patently identical to the European geographical indication. Interestingly, the year prior to the current Regulation for geographical designations was passed, the Commission, through a communication, had voiced its interest in studying the legal framework affording protection for non-agricultural products. The reason was that the fragmentation of this framework “may negatively affect the functioning of the internal market” 40 . This led the Commission — as stated by the document — to carry out very soon “a feasibility study on the issue of GIs for non- agricultural and non-food products”. The following year it commissioned a “Study on the protection of geographical indications for non-agricultural products in the internal market”, which was published by the Commission in March 2013 41 . It concluded that current legal instruments, both national and European, available to producers were insufficient. On the back of the study, the Commission published a Green Paper , in July 2014 (quoted above), with a view to consulting all stakeholders on whether it was viewed as necessary to extend the protection of geographical indications to non-agricultural products, and if it was so, which approach should be adopted. The consultation period ended in October of that year. At present, the European institutions are carrying out an assessment of the impact of the extension of the protection scheme for non-agricultural protections. This extension drive may not be likely to stop. I believe that it would be most vital that the future regulation of those European geographical designations should not water down the 39 The Act sets out in small detail its protection scheme — enforceable nationally enforceable, as you would expect —, and it states that the application for standardisation or amendment of the product specifications ( cahier des charges ) shall be submitted to the Industrial Property National Institute by a management and protection body, privately-owned and with legal personality. As of June five applications have been submitted, one of which has been turned down, two have been certified (“granite from Bretagne” and “ siège from Liffol” — a wooden chair typical of that area) and a further two are still being processed. For any further information on the National Institute dealing with designations : www.inpi.fr/fr/comprendre-la- propriete-intellectuelle/les-indications-geographiques. 40 The communication was “A Single Market for Intellectual Property Rights Boosting creativity and innovation to provide economic growth, high quality jobs and first class products and services in Europe” [COM (2011) 287 final, of 24 May 2011]. 41 The study was conducted by Insight Consulting, REDD and OriGIn. The English version may be accessed at: http://ec.europa.eu/internal_market/indprop/docs/geo-indications/130322_geo-indications-non-agri- study_en.pdf ( 22 November 2017).