Sommaire
- 1 Introduction
- 2 Legal framework applicable to wines and spirits
- 3 Protecting origin: PDO, PGI and geographical indications
- 4 Protecting commercial identity: trademarks, designs and copyright
- 5 Securing the digital presence and combating fraud
- 6 Building a comprehensive protection strategy
- 7 Conclusion
- 8 Q&A
Introduction
Wines and spirits, emblematic products of French and European heritage, are highly exposed to counterfeiting and misappropriation of reputation, particularly due to their strong territorial identity and the rise of online commerce. How can producers protect goods whose value depends as much on origin as on visual identity and reputation? An integrated approach combining wine and spirits regulations, intellectual property rights and digital enforcement is essential.
Legal framework applicable to wines and spirits
A sector governed by strict and specific regulations
The protection of wines and spirits relies on a combination of French laws (Rural Code, Consumer Code, Évin Law) and European regulations (EU Regulation 2024/1143 on geographical indications, Regulation 2019/787 on spirit drinks). These texts impose:
• Strict labelling requirements,
• Restrictive rules on advertising,
• Transparency obligations to prevent consumers from being misled.
While these obligations protect the public, they also limit the freedom of communication for operators. As a result, robust intellectual property protection becomes the only way to secure a product’s name, packaging and reputation over time.
Protecting origin: PDO, PGI and geographical indications
SIQO (official signs of identification of origine and quality): the cornerstone of territorial protection
Geographical indications (PDO and PGI) are the most powerful mechanisms, amongst SIQO, for safeguarding the link between a product and its territory. They rely on a detailed and enforceable specification document, binding on all producers.
PDO: the highest level of protection
Under Article L.721-1 of the French Intellectual Property Code :
“A protected designation of origin is the name of a country, region or locality used to designate a product originating therein, the quality or characteristics of which are due to the geographical environment, including natural and human factors.”
Obtaining a PDO is subject to strict requirements:
– Precisely identifying the natural and human factors that characterise the terroir,
– Demonstrating that the proposed area shows genuine geographical and qualitative coherence,
– Establishing long-standing, stable and recognised use reflecting historical continuity,
– Showing that the product enjoys sufficient reputation, which influences the scope of protection.
The geographical delimitation often proves to be the most sensitive element, particularly near borders where certain producers may be excluded from the designated perimeter.
PGI: a more flexible but solid link
A PGI identifies a product originating in a specific place whose quality, reputation or other characteristics are essentially attributable to its geographical origin. For a protected geographical indication (PGI), only one stage of production must occur within the geographical area, but the European legislator is clear: no misleading use of a territorial name should deceive consumers.
Wines benefit from enhanced requirements: both the grapes and vinification must originate from the designated area.
Protecting commercial identity: trademarks, designs and copyright
The essential complement to geographical protection
Even if reputation is tied to terroir, the economic value of wines and spirits is embodied by their trademarks, packaging and visual identity.
Trademarks: a central but regulated tool
A trademark may include a geographical name, but only if:
• It does not describe the actual origin of the goods,
• It is not misleading,
• It does not monopolise a place name required by other producers.
A viticultural village name cannot be appropriated by a single producer unless distinctiveness through use can be demonstrated.
Figurative and semi-figurative trademarks (crests, château silhouettes, stylised labels) often provide stronger protection.
Designs: protecting shape and appearance
Iconic bottles, capsules, gift boxes or label designs may be protected through design rights.
Filing with the INPI, EUIPO or with the WIPO (through the Hague System) prevents others from reproducing or imitating a distinctive appearance.
Unregistered Community Designs (UCD), valid for three years, are valuable for seasonal packaging or limited editions.
Copyright: protecting originality
Subject to originality, the following can be protected by copyright:
• Graphic labels,
• Illustrations,
• Photographs,
• Original visual creations.
By contrast, flavours, aromas and recipes cannot be protected due to the absence of objective identification criteria.
Securing the digital presence and combating fraud
Cybersurveillance: now indispensable
Wine and spirits counterfeiting is no longer limited to falsified labels. It now expands through:
• Fake online shops,
• Marketplaces offering counterfeit goods,
• Typographic or phonetic domain name squatting,
• Impersonation on social networks,
• Deepfakes used in fraudulent promotions.
Tools such as DNS monitoring, marketplace surveillance and DSA-based notifications to major platforms ensure rapid response.
Building a comprehensive protection strategy
A coherent, proactive and evolving approach
An effective strategy requires a global and structured methodology. It begins with a precise mapping of the company’s intangible assets (domain names, cuvées, labels, packaging, graphic signatures and digital positioning) to identify what must be protected.
This is followed by the implementation of a multi-layered legal protection system combining a coherent portfolio of trademarks, designs and copyright, appropriate distribution agreements, licensing frameworks defining usage of distinctive signs and strict governance of know-how.
This architecture must be reinforced by continuous monitoring of geographical indications, competitor filings, e-commerce platforms, social networks and domain names, enabling rapid detection of infringements.
Responses should then be graduated from cease-and-desist letters and online takedown notices to customs seizures, and, if necessary, civil or criminal proceedings.
Finally, rigorous internal organization is a must: documented procedures, systematic archiving, staff training and coordinated communication between legal, marketing and commercial teams all help preserve the long-term value of intangible assets.
This integrated strategy becomes a true competitive advantage: it protects, enhances and sustains a producer’s identity.
Conclusion
Protecting wines and spirits requires the articulation of geographical indication law, intellectual property tools and modern digital surveillance mechanisms. A comprehensive approach enables producers to defend origin, identity and reputation effectively, while anticipating the risks of an increasingly globalised and digital marketplace.
Operators who structure their protection strategy around these pillars gain a decisive and lasting advantage in this highly competitive sector.
Dreyfus & Associés assists its clients in managing complex intellectual property cases, offering personalized advice and comprehensive operational support for the complete protection of intellectual property.
Nathalie Dreyfus with the support of the entire Dreyfus team
Q&A
1. Can a designation of origin be registered as a trademark?
No. PDOs and PGIs are collective, regulated rights and cannot be privatised.
2. Can a municipality oppose a trademark that reproduces its name?
Yes. Article L.712-3 IPC allows public authorities to challenge trademarks that harm their reputation or image.
3. Do small producers have the means to protect themselves effectively?
Yes. Affordable legal tools exist (PGIs, figurative trademarks, design registrations, targeted monitoring), and collective structures such as unions and inter-professional bodies play a key role in shared protection.
4. What should a global protection strategy include in this sector?
A solid strategy combines an inventory of intangible assets, a structured IP portfolio, appropriate contracts, digital and legal monitoring systems, tiered enforcement mechanisms and internal workflows capable of responding quickly.
5. Can a producer’s know-how be legally protected?
Yes. Although it cannot be registered as a trademark or design, know-how may be protected as a trade secret if it is identified, documented, not publicly known and preserved through reasonable confidentiality measures. Techniques such as vinification protocols, blending methods and selection processes may therefore be safeguarded.
This publication is intended to provide general guidance to the public and to highlight certain issues. It is not intended to apply to specific situations or to constitute legal advice.