WRITTEN QUESTION No. 412/99 by Honório NOVO Use of the designation 'Port' on wines produced in the United States
Date: 1999-03-01
Institutions: European Parliament, NOVO
Subjects: Portugal, United States, bilateral agreement, designation of origin, intellectual property, product designation, wine













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91999E0412

WRITTEN QUESTION No. 412/99 by Honório NOVO Use of the designation 'Port' on wines produced in the United States  


Official Journal C 348 , 03/12/1999 P. 0065 





WRITTEN QUESTION E-0412/99by Honório Novo (GUE/NGL) to the Commission(1 March 1999)Subject: Use of the designation "Port" on wines produced in the United StatesI believe that there is a bilateral agreement between Portugal and the United States which dates from 1910 and which bans the use of the designation "Porto" on wines produced in the US. I also believe the information to be correct that the United States, by refraining from using the term "Porto" but using the term "Port", considers that the agreement signed with Portugal is being complied with even though it is in fact using a "semi-generic" designation (a geographical designation used for a product which does not originate in the place in question).Moreover, Article 24(4) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) permits the continued use of geographical indications for wines which do not originate in the geographical area in question provided that those indications have been used "in good faith" and/or were used for at least 10 years before 15 April 1994.1. Is the Commission aware of the above bilateral agreement between Portugal and the United States? Does it consider that use of the term "Port" instead of the designation "Porto" tallies with the concept of "good faith" in accordance with Article 24(4) of the TRIPS agreement?2. Does the TRIPS agreement make provision for a transitional period as regards ending the possibility offered by Article 24(4)? If so, what transitional period applies in the case of wines produced in the United States and designated "Port"?Answer given by Mr Fischler on behalf of the Commission(20 April 1999)1. The Commission is aware of the bilateral agreement of 1910 between Portugal and the United States to which the Honourable Member refers. It confirms that, in the United States, the designation "Porto" is reserved for wines originating from that region of Portugal. However, under US law the term "Port" (without the letter "o") is viewed as a semi-generic name which may be used for products not originating in Portugal. The United States has said that this semi-generic name is used there in accordance with the provisions of Article 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and with the conditions referred to by the Honourable Member in particular.2. The TRIPS agreement does not lay down a transitional period in which names may be used in accordance with Article 24(4). It should, however, be noted that the Commission hopes to negociate a bilateral protection agreement with the United States with the aim of increasing the protection afforded to geographical indications and designations of origin of wines and putting an end to any generic or semi-generic use of Community indications.