Geographical Indications Law in Martinique (France)
Geographical Indications (GI) Law in Martinique (France)
1. Legal and Political Status of Martinique
Martinique is an overseas department and region of France, fully integrated into the French Republic.
It is part of the European Union (EU) as an outermost region.
This means that French law and EU regulations apply directly in Martinique, including those governing Geographical Indications.
2. Applicable GI Law
As part of France and the EU, Martinique follows the EU GI legal framework, primarily:
EU Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs.
French national law, enforced by the Institut National de l’Origine et de la Qualité (INAO), the French authority responsible for GIs.
3. Types of GI Protection Available
Protected Designation of Origin (PDO)
Guarantees that products are produced, processed, and prepared in a specific geographical area using recognized know-how.
Protected Geographical Indication (PGI)
Indicates that at least one stage of production, processing, or preparation occurs in the geographical area.
Traditional Speciality Guaranteed (TSG)
Protects traditional character or production methods without a direct link to geography.
4. GI Registration Process
Applications for GI registration can be made nationally (via INAO) or directly at the EU level.
INAO examines and evaluates GI applications to ensure they meet criteria.
Once approved nationally, GIs can be submitted to the European Commission for EU-wide registration.
Registered GIs enjoy protection across all EU member states, including Martinique.
5. Examples of GIs Related to Martinique
Rhum Agricole de Martinique — a well-known PDO for rum produced in Martinique.
Other local agricultural or food products may be eligible for GI protection under the French/EU system.
6. Enforcement
GI rights are enforced through French national courts and administrative bodies.
INAO oversees protection and can intervene in cases of misuse.
Customs authorities assist in preventing imports or exports of counterfeit or falsely labeled goods.
7. Summary Table
| Aspect | Details |
|---|---|
| Status | Overseas department of France; part of EU outermost regions |
| Governing Law | French Law + EU Regulation 1151/2012 |
| Responsible Authority | INAO (France) |
| Types of Protection | PDO, PGI, TSG |
| GI Examples | Rhum Agricole de Martinique (PDO) |
| Enforcement | French courts, INAO, customs authorities |
8. Conclusion
Martinique benefits from the full protection and enforcement of French and EU GI laws. Local producers can seek GI registration under the well-established French/EU system.
RELATED Blog
0 comments