No more whining about geographical indications: assessing the 2005 agreement between the United States and the European community on the trade in wine.

(224.) Id. tit. IV, art. 10.

(225.) Press Release, European Union Delegation of the European Comm'n to the U.S., E.U.-U.S. Wine Trade Accord Will Enhance Protection of European Names and Safeguard E.U.'s Biggest Market (Sept. 15, 2005), http://www.eurunion.org/News/press/2005/2005075.htm [hereinafter E.U. Press Release].

(226.) Wine Agreement, supra note 163, tit. IV, art. 11. Importantly, Article 11 proposes that future interaction between the two parties regarding the Wine Agreement be undertaken through bilateral negotiation rather than presenting conflicts to the WTO. Id.; Press Release, European Parliament, U.S.-E.U. Wine Agreement Not to MEPs' Taste (Sept. 29, 2005), http://www.europarl.europa.eu/news/expert/infopress_page/ 032-676-270-09-39-904-20050922IPR00575-27-09-2005-2005-false/ default_sv.htm.

(227.) Wine Agreement, supra note 163, tit. IV, art. 12.

(228.) See id.

(229.) Id. tit. IV, arts. 13-14.

(230.) Id. tit. IV, art. 15.

(231.) Id. tit. IV, art. 16.

(232.) Id. tit. IV, art. 17(1). However, the provisions concerning acceptance of winemaking practices (Article 4) and certification requirements (Article 9) will only go into effect two months after the European Community receives written notice that the United States has achieved a change in the legal status for the semi-generic terms listed in Annex II. Id. tit. II, art. 4; tit. III, arts. 6, 9; tit. IV, art. 17(2); annex II.

(233.) See Chen, supra note 12, at 29-30, 55.

(234.) See TRIPS, supra note 7, art. 24(1).

(235.) See Lindquist, supra note 67, at 330-32.

(236.) Id. at 309, 310 & n.11, 327.

(237.) These restrictions, as indicated above, include the requirement that the label designate the true place of origin and that the wine match the characteristics expected of a wine from the region referred to by the semi-generic term. See 26 U.S.C.A. [section] 5388 (West 2006).

(238.) See Lindquist, supra note 67, at 317, 331-32.

(239.) See id. at 330-32 (discussing the incompatibility between 26 U.S.C. [section] 5388 and the requirements under TRIPS art. 23).

(240.) See id. at 330-31.

(241.) See Wine Agreement, supra note 163, tit. III, art. 6.

(242.) Compare id. with TRIPS, supra note 7.

(243.) See US and EU Strike Wine Agreement; May Influence WTO Talks on GIs, BRIDGES WKLY. TRADE NEWS DIG., Sept. 21, 2005, at 7, available at http://www.ictsd.org/weekly/05-09-21/BRIDGESWeekly9-31.pdf [hereinafter US and EU Strike Wine Agreement] (noting the Wine Agreement's failure to specifically mention geographical indications has potential long-term implications on TRIPS that could anger certain WTO members).

(244.) See id.

(245.) TRIPS, supra note 7, arts. 22 24; Trade Facts, supra note 203.

(246.) US and EU Strike Wine Agreement, supra note 243, at 7. This express limitation concerning geographical indications may, on the other hand, signal the intent of both parties to delay negotiation on this divisive issue until a second phase of bilateral talks. E.U. Press Release, supra note 225.

(247.) US and EU Strike Wine Agreement, supra note 243, at 7.

(248.) See Lindquist, supra note 67, at 337 (explaining that developing countries, as the holders of fewer intellectual property rights, are reluctant to strengthen international protection for such rights).

(249.) US and EU Strike Wine Agreement, supra note 243, at 7.

(250.) See id.

(251.) See id. (discussing how the Wine Agreement does not mention geographic indications, but sets its own precedent for geographic indication recognition).

(252.) See E.U. Press Release, supra note 225. There is evidence suggesting the Europeans aim to achieve an American ban on the use of all European terms of origin on American wine. EU, U.S. Toast Wine Trade Agreement, THE HINDU, Sep. 16, 2005, http://www.hindu.com/2005/09/16/stories/2005091604941804.htm.

(253.) TRIPS, supra note 7, art. 23(4).

(254.) See, e.g., Cyril Penn, Trade Agreement Preserves 'California Champagne,' S.F. CHRON., Sept. 22, 2005, at F2, available at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/09/22/WIGVVER6B61.DTL (quoting a French champagne producer as stating that the grandfather clause is "an absurdity on a moral point of view").

(255.) See Eric Arnold, Trade Deal Approved by EU with Reservations, WINE SPECTATOR, Dec. 22, 2005, http://www.winespectator.com (requiring subscription) (outlining complaints that European winemakers will have to compete against Americans who do not have to "take what nature gives [them]," and that European consumers will not be able to recognize the quality of product they are buying).

(256.) See Sogg, supra note 3 (highlighting the key compromises in the agreement).

(257.) E.U. Press Release, supra note 225.

(258.) See Champagne-Port Region Reps Blast US-EU Wine Accord, AGENCE FRANCE-PRESSE, Sept. 18, 2005, available at http://www.newagebd.com/2005/sep/18/busi.html (noting that the Wine Agreement, specifically its treatment of semi-generic terms, has not been universally accepted by all American wine producers). There is a sizeable contingent of American wine producers in California, Oregon, and Washington who have joined "intners from Sherry, Port, and Champagne in opposing the use of semi-generic terms on wines not produced from those regions. Id.

(259.) See Martin & Heien, supra note 16, at 6.

(260.) See SPAHNI, supra note 14, at 84, 89.

(261.) See id.

(262.) See Sogg, supra note 3.

(263.) See DOA OUTLOOK, supra note 11, at 17-21 (highlighting the growth in U.S. wine exports in France, Italy, and Spain).

(264.) See EU, U.S. Toast Wine Trade Agreement, supra note 252.

Brian Rose, J.D. Candidate 2007, University of Houston Law Center; B.A. 2001, University of Pennsylvania. This Comment received the 2006 Fulbright & Jaworski Writing Award. I wish to thank Professor Stephen Zamora for helping me select this topic, and the editorial board of HJIL for their hard work editing this Comment. I am especially grateful to my wife, Stacey Rose, for her love and encouragement.