Geographical Indication - Differences in Philosophy

Differences in Philosophy

One reason for the conflicts that occur between the European and United States governments is a difference in philosophy as to what constitutes a "genuine" product. In Europe, the reigning theory is that of terroir, that there is a specific property of a geographical area, and that dictates a strict usage of geographical designations. Thus, anyone with sheep of the right breeds can make Roquefort cheese, if they are located in the part of France where that cheese is made, but nobody can make a blue sheep's milk cheese and call it Roquefort, even if they make it in such a way as to completely duplicate the process described in the definition of Roquefort.

By contrast, in the United States, the naming is generally considered to be a matter of intellectual property. Thus, the name "Grayson" belongs to Meadowcreek Farms, and they have to a right to use it as a trademark. Nobody, even in Grayson County, Virginia, can call their cheese Grayson, while Meadowcreek Farms, if they bought up another farm elsewhere in the United States, even if nowhere near Grayson County, could use that name. It is considered that their need to preserve their reputation as a company is the quality guarantee.

This difference causes most of the conflict between the United States and Europe in their attitudes toward geographical names.

That said, there is some overlap, particularly with American products adopting a European way of viewing the matter. The most notable of these are crops: Vidalia onions, Florida oranges, and Idaho potatoes. In each of these cases, the state governments of Georgia, Florida, and Idaho registered trademarks, and then allowed their growers—or in the case of the Vidalia onion, only those in a certain, well-defined geographical area within the state—to use the term, while denying its use to others. The European conception is increasingly gaining acceptance in American viticulture, as well, as vintners in the various American Viticultural Areas are attempting to form well-developed and unique identities as New World wine gains acceptance in the wine community. Finally, the United States has a long tradition of placing relatively strict limitations on its native forms of whiskey; particularly notable are the requirements for labeling a product "straight whiskey" and the requirement, enforced by federal law and several international agreements (NAFTA among them) that a product labeled Tennessee whiskey be a straight Bourbon whiskey produced in the state of Tennessee.

Inversely, some European products have adopted a more American system: a prime example is the Newcastle Brown Ale, which received an EU protected geographical status in 2000. When the brewery moved from Tyneside to Tadcaster in North Yorkshire (approximately 150 km away) in 2007 for economic reasons, the status had to be revoked.