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AG’s opinion—reproducing the shape or appearance of a product may evoke PDO (Morbier cheese)

AG’s opinion—reproducing the shape or appearance of a product may evoke PDO (Morbier cheese)
Published on: 24 September 2020
Published by: LexisPSL
  • AG’s opinion—reproducing the shape or appearance of a product may evoke PDO (Morbier cheese)
  • What are the practical implications of this case?
  • What was the background?
  • What did the AG opine?
  • Case details

Article summary

IP analysis: This case concerns a request for a preliminary ruling by the Court of Cassation, France, in respect of the interpretation of Article 13(1) of Regulation (EC) 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs and Article 13(1) of Regulation (EU) 1151/2012 on quality schemes for agricultural products and foodstuffs. The reference arose in the context of a dispute between the organisation responsible for managing and protecting the protected designation of origin (PDO) ‘Morbier’ and a company which produces and markets cheese that has the visual appearance of the product covered by the PDO Morbier. The Advocate General (AG) proposed that the Court of Justice should rule that Article 13(1) does not prohibit the use by a third party only of a registered name, and also that reproducing the shape or appearance of a product covered by a registered name may constitute a prohibited practice under Article 13(1)(d) if it is liable to mislead the consumer as to the true origin of the product. or take a trial to read the full analysis.

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