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Appellations D'origine Contrôlée'' and the Virtues of Suspicion

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Appellations D'origine Contrôlée'' and the Virtues of Suspicion The french wine ”appellations d’origine contrôlée” and the virtues of suspicion Genevieve Teil To cite this version: Genevieve Teil. The french wine ”appellations d’origine contrôlée” and the virtues of suspicion. The Journal of World Intellectual Property, 2009, 13 (2), pp.253-274. 10.1111/j.1747-1796.2009.00353.x. hal-01137030 HAL Id: hal-01137030 https://hal.archives-ouvertes.fr/hal-01137030 Submitted on 30 Mar 2015 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. The Journal of World Intellectual Property doi: 10.1111/j.1747-1796.2009.00353.x 1 The French Wine ‘‘Appellations d’Origine 2 3 Controˆ lee’’´ and the Virtues of Suspicion 4 Genevie` ve Teil 5 Institut National de Recherche Agronomique 6 7 8 9 There is something highly paradoxical about the French wine Appellations d’Origine 10 Controˆlees´ (AOCs): the more they are considered to be suspect, the more they expand to 11 other countries and products! Since their invention they have been suspected of not conveying 12 reliable information. At the same time, supporters of quality wine have prayed for the 13 development of a quality wine market and seen the suspicions concerning them as a threat 14 that these actors have collectively tried to answer. But neither the accusation nor the defence has managed to close the debate. Accusation after accusation, the assessors acknowledged as 15 able to define quality have changed, as has quality itself and the role given to AOCs. Far from 16 sweeping away the old procedures, the new solutions have cohabited with them, transforming 17 the wine market into a complex market hosting hundreds of thousands of brands and a 18 variety of uses of quality signs by wine drinkers. Finally, contrary to most economists’ fears, 19 neither AOCs nor quality itself work by imposing themselves on the market actors. The 20 greatest strength of AOCs may not be an ability to deceive consumers, but their capacity to 21 raise doubts and to trigger considerable efforts by their defenders to quieten them. 22Version preprint Keywords wine market organization; pragmatic sociology; credibility; confidence; 23 8 Q1 geographical indications; appellation d’Origine Controˆlee´ 24 7 25 26 8 Q2 The French Wine Appellations d’Origine Controˆ lees´ (AOCs) 27 7 28 Although they are claimed to be closely related to local and sustainable develop- 29 ment—two very fashionable concepts—geographical indications (GI) are expand- 30 ing slowly and with difficulty. Of course, they represent a new notion of property 31 that is not so easy to incorporate into a country’s rights. But above all, they are 32 suspected of being a hindrance to free competition. Stormy debate opposes 33 countries which either support or reject the enlargement of the Geographical 34 indications protection area through international trade agreements such as the 8 35 Agreement on Trade-related Aspects of Intellectual Property Rights (Josling, 2006). 7 36 Apart from the GIs’ difficulties of adjusting to the general intellectual property or 37 trademark protection systems, the main argument against them is related to their 38 intrinsicUNCORRECTED economic power and value. These issues have been PROOF extensively discussed; 39 they are suspected of hindering competition by empowering specific products with a 8 40 Q3 special additional value derived from their labelling (Addor and Grazioli, 2002; 7 8 41 Charlier and Ngo, 2007; Handler, 2006; Josling, 2006; Moschini et al., 2008). 7 42 Curiously enough, at least in the case of wine Controlled Appellations of Origin 43 (AOCs), in countries already using GIs (France, Spain), they are suspected of r 2009 The Author. Journal Compilation r 2009 Blackwell Publishing Ltd 1 Comment citer ce document : Teil, G. (2009). The french wine "appellations d'origine contrôlée" and the virtues of suspicion. The Journal of World Intellectual Property, 13 (2), 253-274. DOI : JWIP(BWUK JWIP 353.PDF 10-Feb-09 23:25 221847 Bytes 22 PAGES n operator=T.Prasath) 353 10.1111/j.1747-1796.2009.00353.x Genevie` ve Teil The French Wine AOCs 1 lacking credibility, of being devoid of any power and unable to differentiate 2 between products. And this suspicion is not new; it has existed almost since their 3 invention! What is the purpose of the international debate if GIs are not able to 4 achieve credibility? Is there any risk of hidden protectionism? And are they really 5 able to sustain rural development? Are AOCs, not to mention GIs, not a mistaken 6 concept? 7 In order to clarify this confusing situation, this article proposes to follow and 8 analyse the controversies raised by the Controlled Appellations of Origin among 9 their users, which have accompanied their creation and development in France. As 10 France is the country with the longest experience and the greatest number of AOCs, 11 we can assume that this case is well suited to understand the difficulties linked to 12 their actual use. Instead of studying GIs from a formal, economic or legal point of 13 view, by trying to induce their properties and effects from their nature as informa- 14 tion signs, I propose to study them from an empirical point of view. This enables to 15 provide quite a different account of AOCs, their aims, failures and successes. 16 Like any study of a controversy, this article does not try to establish from an 17 epistemological point of view who is right or wrong, by stating that AOCs are either 18 reliable or else economic hindrances—information or sociological illusions. Instead, 19 it shows why and how people become suspicious and what could be undertaken to 20 try to put an end to that suspicion. 21 The article is based on several different wine market field studies: a study of the Version preprint 8 22 Spanish wine market organization in the Ribera Del Duero (Teil, 2004); a study of 8 7 23 French and international wine critique and wine lovers (Teil, 2001); a study of the 7 24 archives of the French national institute for the Appellations of Origin; and, lastly, 8 25 a study of the wine differentiation procedures in France (Teil et al., 2007). As a 7 26 consequence, I draw on five types of data: text analysis, interviews (hundreds of 27 long interviews with producers, sellers, critics, users and, more generally, of all 28 market intermediaries committed in one way or another to the quality wine market, 29 that is, the production, consumption and broad retailing of wines), observations, 8 30 participant observation, and even ‘‘breaches’’ (Garfinkel, 1967). Methodological 7 31 difficulties arising from the study of the wine market and especially of taste have 8 32 been presented and discussed elsewhere (see Teil, 2004). 7 33 This article starts with the efforts of Joseph Capus, a French Senator who, after 34 a series of failures, achieved the enactment of AOCs. We then follow the con- 35 troversies they generated, with arguments for and against them. This quality 36 labelling fuelled a major debate over quality, and the article describes three 37 successive phases of responses that can be distinguished since the birth of AOCs, 38 aimed atUNCORRECTED making the differences between wines ever more PROOF visible or reliable. The 39 intention here is to establish not whether the on-going accusations were and still 40 are valid, but rather the grounds on which the actors made them and, where 41 relevant, how others tried to counter them. Thus, it is an article not on the sociology 8 42 or economics of taste but on pragmatics (James, 1968; 1996) applied to the wine 7 43 market. r 2009 The Author. Journal Compilation r 2009 Blackwell Publishing Ltd 2 The Journal of World Intellectual Property Comment citer ce document : Teil, G. (2009). The french wine "appellations d'origine contrôlée" and the virtues of suspicion. The Journal of World Intellectual Property, 13 (2), 253-274. DOI : JWIP(BWUK JWIP 353.PDF 10-Feb-09 23:25 221847 Bytes 22 PAGES n operator=T.Prasath) 353 10.1111/j.1747-1796.2009.00353.x The French Wine AOCs Genevie` ve Teil 1 The three main sections of the article roughly correspond to the successive 2 devices invented to enable drinkers to know the difference between wines, from the 3 introduction of the notion of quality to the recent controversy on the absence of 4 marketing in small wine enterprises. The history is not closed but we will stop at the 5 turn of the twenty-first century, before the last reform of the Institut National des 6 Appellations d’Origine (INAO), the French Institute in charge of AOCs, in 2007. 7 8 9 Signs for a Quality Differentiation 10 After the phylloxera crisis that destroyed many vineyards in the late nineteenth 11 century, and during which producers sold and consumers bought all sorts of drinks 12 called ‘‘wine’’, a number of measures were considered to protect consumers from 13 unscrupulous sellers, and producers of good quality wines from the consumers’ lack 14 of ability to discriminate quality. 15 By the time the vineyards were reconstructed some features had changed, and 16 new wines were becoming known. They were produced in new countries unknown 17 to the phylloxera bug—Australia, South Africa, Chile —and sold as quality 18 products: real wine, made of real grapes.
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