Raclette, Emmental and Tomme de Savoie aim for the Grail!

As we slowly slip into winter temperatures and cheese-based recipes reign supreme in our kitchens, three well-known Savoy cheese sectors (Raclette, Emmental, Tomme), grouped under a single entity, the Organisme de défense et gestion (ODG) Savoicime, are hoping to move from PGI (Protected Geographical Indication) to PDO (Protected Designation of Origin) status. The aim is to improve the reputation and quality of these cheeses compared to the current PGI.

An opportunity to look at the main differences between these two official signs, and the benefits for many producers.

Raclette, Emmental and Tomme de Savoie are three cheeses that currently benefit from a Protected Geographical Indication (PGI). The PGI label is based on the notion of know-how. It is awarded to a product whose production involves at least one stage in a given geographical area.

To qualify for an Protected Designation of Origin (PDO), all stages of production must be carried out according to recognized know-how and in the same geographical area. Production must comply with particular specifications, carefully monitored by independent bodies.

To go from PGI to PDO, the requirements are much more stringent.

The PDO is therefore a better-recognized and more highly regarded sign of quality. Obtaining the PDO label would enable better referencing with distributors, a guarantee for consumers, and new recognition in the face of competition.

New specifications have been proposed by the Savoicime ODG, both in terms of milk production (establishing cow breeds, their welfare, the specific characteristics of raw milk and the quality of fodder) and in terms of processing and maturing.

As well as guaranteeing the quality and origin of a product, a registered PDO or PGI is protected against any usurpation, imitation or evocation, even if the true origin of the product or service is indicated.

For example, the Comité interprofessionnel du vin de Champagne (CIVC) brought an action before the Barcelona Commercial Court, seeking an injunction against the use of the “Champanillo” sign by a Spanish tapas bar, on the grounds that such use infringed the Champagne PDO.

Or that the INAO and the Syndicat général des vignerons réunis des côtes du Rhône have obtained the cancellation of the French trademarks NEWRHONE and , consisting of the dominant term RHONE, and thus infringing the PDO Côtes du Rhône and Côtes du Rhône villages (Decision of the Paris Court of Appeal, Pôle 5, 2nd Ch., May 26, 2023, 21/09232 (M20230066)).

The application for recognition as an Protected Designation of Origin (PDO) was submitted to the Institut national de l’origine et de la qualité (INAO) by the Savoicime ODG in November 2023. The new specifications must now be submitted to the INAO for approval at national level. It can then be examined at European level for PDO registration. The 3 Savoyard cheeses will therefore have to wait a few more years before obtaining the precious PDO label.

– Anaïs GREFFOZ, Intellectual Property Lawyer at Mark & Law