Geographical Indications Law in French Polynesia (France)
Geographical Indications (GI) Law in French Polynesia (France)
Overview
French Polynesia is an overseas collectivity of France with a special administrative status. Although it has a degree of autonomy, French national law and EU law generally do not directly apply there, especially for agricultural products and foodstuffs. Therefore, the framework for Geographical Indications (GI) protection in French Polynesia differs significantly from mainland France or EU territories.
1. Legal Status of French Polynesia
French Polynesia is not part of the European Union; it is considered an Overseas Country and Territory (OCT) associated with the EU.
OCTs do not automatically follow EU laws, including the EU’s GI regulations.
However, they may adopt their own laws or agreements to protect local products.
2. GI Protection in French Polynesia
A. No Direct Application of French/EU GI Laws
Unlike French Guiana (an overseas department fully integrated in France/EU law), French Polynesia has no direct application of the French INAO system or EU GI schemes (PDO/PGI).
French Polynesia can legislate on intellectual property and product quality protection autonomously, but no specific GI law exists as of now.
B. Potential Protection through French or International IP Law
Producers can seek protection for their products under:
French trademarks or collective marks (if registered in France).
International treaties like the TRIPS Agreement (WTO), which French Polynesia indirectly benefits from through France.
C. Local Legal Instruments
French Polynesia can create local designations or quality marks to promote products linked to the territory.
Some local initiatives exist to protect traditional products (e.g., local vanilla or monoi oil) under certifications or trademarks.
3. International Frameworks
As part of France, French Polynesia benefits indirectly from France’s commitments under:
TRIPS Agreement (WTO) – requires minimum standards for GI protection globally.
Lisbon Agreement (if France extends its scope) — but typically these are managed at the national (France) level.
However, enforcement and registration remain complex for French Polynesia because of its autonomous status.
4. Summary
| Aspect | French Polynesia | French Guiana (for comparison) |
|---|---|---|
| EU membership | No (OCT status) | Yes (overseas department) |
| Applicability of EU GI law | No | Yes |
| Applicability of French GI law | Limited / no direct application | Full application |
| Local GI law | Not established; potential for local marks | Governed by French law (INAO) |
| International protections | Via France’s WTO/TRIPS obligations | Same, plus EU protection |
5. Examples of Local Products
Vanilla from Tahiti — highly prized, often protected by trademarks or geographical mentions, but not formally protected as GI under EU or French law.
Monoi Oil — traditionally made in French Polynesia; efforts exist to certify quality and origin, but no formal GI status as in Europe.
6. Practical Advice
If you want to protect a local product in French Polynesia:
Consider trademarks or collective marks registration in France.
Promote product quality via local certifications.
Explore bilateral agreements or international registration where possible.
Work with local authorities to create formal quality schemes.
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