Geographical Indications Law in Mayotte (France)

Here’s an overview of Geographical Indications (GI) law in Mayotte:

🇾🇹 Geographical Indications Law in Mayotte (France)

1. Legal Framework

Mayotte is an overseas department and region of France, fully integrated into the French Republic and subject to French law.

Therefore, GI protection in Mayotte is governed by French national law and European Union regulations, which apply uniformly across all French territories including overseas departments.

Key applicable laws and regulations:

French Intellectual Property Code (Code de la propriété intellectuelle) — covers protection of GIs, appellations of origin, and related rights.

European Union Regulations on Geographical Indications (same as mainland France):

Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs

Regulation (EU) No 1308/2013 for wines

Regulation (EU) No 110/2008 (and successor Regulation (EU) 2019/787) for spirits

2. Types of GI Protection

Appellation d’Origine Protégée (AOP) — Protected Designation of Origin (PDO)

Indication Géographique Protégée (IGP) — Protected Geographical Indication (PGI)

Spirits and wine designations under EU regulations

3. Administrative Authorities

Institut National de l’Origine et de la Qualité (INAO) — the French body responsible for managing and enforcing GI designations.

European Commission oversees registration at the EU level.

Local enforcement in Mayotte is through French administrative and judicial authorities.

4. Application and Registration Process

Producers or groups apply to INAO for GI registration.

After national evaluation, applications are forwarded to the European Commission.

Public opposition procedures take place EU-wide.

Registered GIs are protected in all EU member states, including Mayotte.

5. Enforcement

Misuse or false use of GI names is prohibited and subject to penalties under French and EU law.

Enforcement is through civil and criminal courts.

6. Context

Mayotte’s economy is less industrialized than mainland France, but GI protection provides an opportunity to promote and protect local agricultural and artisanal products.

Products from Mayotte can benefit from the same GI protections as those from mainland France.

Summary Table

AspectDetails
Legal SystemFrench IP law + EU GI regulations
Governing LawsFrench Intellectual Property Code, EU Regulations (1151/2012, 1308/2013, 110/2008)
Types of ProtectionAOP (PDO), IGP (PGI), spirits and wine GI
Responsible AuthorityINAO (France)
Registration ProcessNational INAO → EU Commission → Publication → Registration
EnforcementFrench judicial system
ApplicabilityApplies fully in Mayotte as an overseas French department

 

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