The wine world has been left reeling as France makes a serious 'grape-grab'.
In a stunning move that will have wineries worldwide grappling with the ramifications for years, a French law firm has successfully lobbied its government to formally adopt a form of appellation rights to six individual grape varieties, with more varieties likely on the cards.
While the exact upshot of this is unclear, it effectively grants France property rights over the use of the name of the grape on any bottle worldwide. Just as the word Champagne is regionally designated and protected, so now are Chardonnay, Cabernet Sauvignon, Pinot Noir (as well as Pinot Blanc and Pinot Gris – but not "Pinot Grigio"), Syrah and Sauvignon Blanc.
It is still not known whether or not France will push for an outright international ban of the use of the names of the grape varieties on wine labels or whether it will demand a small fee – effectively a royalty – paid by wineries using those grape names on their labels. The latter is considered by experts to be the most likely option, given the already ubiquitous use of varietal labeling and the potential revenue the French coffers stand to draw.
Talking exclusively to Wine-Searcher, one of the legal team, which initially presented the case to a mixed hearing of the INAO (France's governing appellations body), the DGCCRF (the French anti-fraud bureau) and the Ministry of Agriculture and Food, said there would be a gentle rollout of the plan over the next year.
"Look, in a few cases, there is little to fear," said Jean-Philippe Poisson, one of the lead lawyers with Cabinet Davril, the legal firm which brought the case to the French courts (who is backing the case, however, is unknown). "If you look at names like Shiraz or Meritage, for instance, these are untouchable – although, of course, there is nothing stopping the Australians or the Americans from protecting those terms themselves. We can only wait to see how the government, led primarily by the Ministry of Agriculture, will proceed. We think it is likely there will be some form of royalty payment."
When asked whether this would damage the reputation of France internationally, Poisson was quick to state that his firm was only interested in the protection and defense of France and the country's heritage, or 'patrimoine'.
"These grapes are French," he said. "How long has it taken us to be rid of American 'Chablis' or Australian 'Burgundy'? We are simply doing the same with grapes. It is not the fault of France if our grapes travel well."
"The rest," he added, "is between the French government and the WIPO [the World Intellectual Property Organisation] – we are covered under Madrid, Paris and Lisbon." The latter are founding treaties in international intellectual property and appellations laws.
The impact has the potential to be huge. Indeed, famed Swiss grape geneticist, José Vouillamoz, was unavailable for contact. Wine-Searcher understands his office continues to be inundated with calls.
"They will be getting calls for numerous reasons," one industry insider told Wine-Searcher. "Firstly, people will be asking if it cannot be proved that, say, Syrah isn't actually from Iran or something. The problem is that will only move the problem somewhere else. This is because, secondly, we all need to find out exactly which variety comes from where and not everyone is calling because they're worried – some smell opportunity. Just imagine how many grapes Italy can claim, for instance."
Pinot Grigio is thought to be a potential sticking point although Wine-Searcher understands the French government is likely to leave the variety to Italy. While many European countries will no doubt begin to stake their claims (Spain and Tempranillo, Italy and Nebbiolo, for instance), others, such as Cornalin (a name found in both Switzerland and Italy) will doubtless be the subject of protracted legal wranglings.
One Texan viticulturist, who did not wish to be named, was fuming. Given most vines are planted on rootstock originating from American vines, it might have been possible for the US to capitalize on this new state of affairs. However, few rootstocks carry their original name.
"I mean, we [the USA] could have nipped this all in the butt," he said. "But they had to go and give most all our rootstock a number for a name. I mean, for sure I want the Bureau of Tax and Trade to register 'Riparia' but we ain't got a hope in hell with things like 3309."
While the French ministers and bureaucrats mull their next move, Poisson has confirmed Davril will work with the government on further grapes. "Let's not be cynical – we need to protect Picpoul de Pinet or Len de l'El as much as we do Sémillon, Malbec or Viognier."
He would not be drawn on the contents of the next round of grapes to be so protected. According to one source in the French Agriculture ministry, however, it is unlikely all 'French' grapes will be covered. "Yes, of course," said the source, "we will attempt to protect the likes of Gouais Blanc – more for patriotic reasons than anything [it is parent of numerous French grapes, including Chardonnay, although its origins are far from clear] – but, Madeleine Angevine? Well, the English can have that for free."
One EU official, however, was quick to point out that what is known in England as Madeleine Angevine is, in fact, Madeleine x Angevine 7672, which was bred in Germany. But even greater issues are at stake.
"Sure, an umlaut might be enough for the Germans to protect 'Gewürztraminer' and the French 'Gewurztraminer' but that's not the worst," said the official in Brussels. "Who is going to claim Riesling? My God. It's not like the area between Alsace and the Mosel has a history that is devoid of argument, shall we say."
The French government is expected to make an announcement later today.
April 01, 2021 at 03:05AM
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