Battle to protect Iconic French Laguiole knife takes a new twist, on the ground of Non-Agricultural Geographical Indications protection
18 Nov 2024 | Newsletter
CA Aix-en-Provence, ch. 3 1, 11 juill. 2024, No. 22/06591 and No. 22/13284
As France marks the 10th anniversary of its legislation on Geographical Indications for Industrial and Artisanal Products (IGPIA), the iconic Laguiole knife from the eponymous village in Aveyron —the very product that inspired this legislation—remains at the center of a complex legal battle. A recent decision by the Court of Appeals in Aix-en-Provence is a significant turning point in a dispute which currently pits the cutlers of Laguiole and those from Thiers, located over 190 kilometers away.
Traditional schemes of protection for agricultural and food products with a quality or reputation linked to a specific geographical area (such as the Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI) regimes, which are organized at the EU level), were originally designed for products like wine and cheese, and proved unsuited for manufactured products. In 2014, France pioneered the extension of this protection through the creation of IGPIAs. Building on this system, the European Union adopted on 18 October 2023, a regulation for the protection of geographical indications for craft and industrial products, which will take full effect by December 1st, 2025, to extend similar protection across the EU. More than 800 items from all over Europe, such as Murano glass or Irish tweed, could benefit from this protection of traditional craftmanship.
France’s introduction of the IGPIA scheme was in fact a direct response to the uproar surrounding Laguiole’s fight to reclaim its name and heritage. This legal battle began in the 1990s when the remote village of Laguiole, where around 1,200 reside and which is renowned for its knives, its cheese and the presence of a famous 3 Michelin-starred restaurant, failed to prevent an opportunistic entrepreneur from commercially exploiting its name by registering it as a trademark, enabling the import of mass-produced knives of poorer quality that cheapened the image of the product. Although some of these trademarks were eventually ruled fraudulent in 2019, the Laguiole saga underscored the inadequacies of French law in protecting local craftsmanship, and inspired legislators to remediate this legal void.
The story was almost brought to a full circle when the cutlers of the Laguiole area applied for a “Couteau de Laguiole” (Knife from Laguiole) IGPIA and requested that it be restricted to a perimeter of 24 villages around Laguiole. However, their application was rejected in April 2022 by the French National Institute of Industrial Property (INPI), which considered this scope to be too narrow. One among several factors leading to the INPI’s choice was economics. Over decades, several Laguiole manufacturers had come to delegate part of their work to Thiers, also known for its strong knife-making tradition, and which was now far outpacing the historical village in terms of production: an arrangement that once suited both, but which now lies at the heart of the conflict, as in September 2022, the INPI favored a competing application from a Thiers-based association. A new “Couteau Laguiole” IGPIA was thus created and joined the ranks of the twelve existing at the time. It covered an extensive area counting 94 villages and towns over six French ‘departments’, including Thiers and Laguiole.
The INPI decision sparked much debate. Emphasizing the long-standing reputation of their village and their historical craftsmanship which had earned them a gold medal at the World’s Expo of 1900, Laguiole manufacturers argued that allowing knives made in Thiers to share the same designation diluted the identity of the product.
Their plea was heard by the Court of Appeals in Aix-en-Provence. On July 11, 2024, the judges invalidated the previously granted “Couteau Laguiole” IGPIA. They pointed out that the specificity of an IGPIA is to highlight a characteristic resulting from the geographical origin of the product so that the consumer can establish a direct link between the product and the associated geographical location. They found that the broad geographical scope created “uncertainty for consumers” as it was difficult to clearly associate the product with its legitimate place of origin.
To demonstrate the impressive reputation of Laguiole, the Court considered a 2019 study, which revealed that 85% of French respondents recognized the word Laguiole, and among those, 84% associated it with the knives. While historical ties with Thiers were acknowledged, as from the 19th century onwards, Laguiole cutlers had relied on Thiers for spare parts or even entire knives, the Court found that this practice was more akin to subcontracting, and that Thiers may have contributed to the growth of the production but not to the reputation of the knife. Its quality, design and even dissemination around France were attributed to deep-rooted local traditions.
While Aix-en-Provence appeared to lean toward a stricter interpretation of IGPIAs, honoring the history and cultural heritage of the region, the wide interest around the Laguiole saga highlights the significance of non-agricultural geographical indications not only as legal protections that safeguard local identity but also as powerful economic tools which can foster competitiveness in both European and global markets. Now that the initial INPI decisions have been put aside, the judges set a path for Laguiole manufacturers to apply for a new, more narrowly defined IGPIA which will allow them to finally reclaim their name. The question now is whether Thiers, where at least 35 businesses rely on this knife, will appeal the decision to the French Cour de Cassation.