PROTECTION OF NAMES OF BOURBON WHISKEY AND CERTAIN FRENCH BRANDIES
Proprietors of distilled spirits plants,
Importers, and others concerned:
This circular is issued to inform you of an agreement between the
United States and France regarding the protection of the names of certain
spirits products produced in such countries. The agreement provides in
effect that the United States will undertake to reserve the use, in the
interstate and foreign commerce of the United States, of the names "Cognac",
"Armagnac", and "Calvados" to the French products entitled by virtue of
existing French legislation to use those names and to prohibit and repress
the use of those names for any other product, even if modified by such
terms as "kind", "type", "fashion", or similar expressions, or by an indication of the true place of origin. In return the French Government will
give similar protection to the names "Bourbon", and "Bourbon Whiskey",
products of the United States.
For your information, the United States agreement is reproduced on
the reverse side of this circular.
Inquiries regarding this Circular should refer to its number and be
addressed to your Assistant Regional Commissioner, Alcohol, Tobacco and
Firearms.
Rex D. Davis,
Director
Alcohol, Tobacco and Firearms Division
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 7041
PROTECTION OF NAMES OF BOURBON WHISKEY
AND CERTAIN FRENCH BRANDIES
Agreement Between the
United States of America
and France
Effected by Exchange of Notes
Signed at Paris December 2, 1970, and
January 18, 1971
The American Ambassador to the French Minister for
Foreign Affairs
EMBASSY OF THE
UNITED STATES OF AMERICA
Paris, January 18, 1971
Excellency:
I have the honor to acknowledge receipt of your Excellency's
letter No. 171CM dated December 2, 1970 which is exactly quoted
hereinbelow:
"The Government of the United States has requested that
the French Government, taking into consideration the fact
that 'Bourbon Whiskey' is a distinctive American product the
characteristics of which are defined by Federal regulation,
prohibit the use in France of the names 'Bourbon' and 'Bourbon
Whiskey' for the designation of any whiskey or mixture of
whiskeys produced in France, and that it prohibit the sale in
France or the export from France of any whiskey labeled or
described in such a manner, unless produced in the United
States in conformity with American legislation regulating the
manufacture of the spirit.
"In support of its request, the United States Government has
noted that certain appellations of origin for French brandies, in
particular the names 'Cognac' and 'Armagnac', are, in fact,
protected in the United States. However, the United States
Government has thus far undertaken no obligation to France to
continue the protection of appellations in the territory of
the United States. Under these circumstances, the Government
of the French Republic proposes that the Government of the
United States undertake to reserve the use, in the interstate and
foreign commerce of the United States, of the names "Cognac',
'Armagnac', and 'Calvados' to the French products entitled by
virtue of existing French legislation to use those names and to
prohibit and repress the use of those names for any other product,
even if modified by such terms as 'kind', 'type', 'fashion', or
similar expressions, or by an indication of the true place of origin.
"In return, the French Government will reserve the use
in French territory of the names 'Bourbon' and 'Bourbon Whiskey' exclusively to whiskey produced in the territory of the
United States in conformity with American legislation governing
such whiskey and will prohibit and repress the use of those
names in the labeling or description of any other whiskey or
mixture of whiskeys, even if modified by such terms as 'kind',
'type', 'fashion', or similar expressions.
"The obligation of each Government will extend to products
intended for export beyond its territory as well as for consumption
therein.
"The Government of the French Republic, which, as is well
known, attaches the greatest importance to the protection of its
appellations of origin, expresses the hope that the positive attitude which it adopts with regard to the protection of the names
'Bourbon' and 'Bourbon Whiskey' will encourage the Government
of the United States to consider favorable, in the future, insofar
as possible, the protection of other French appellations of origin.
"If the proposals listed above are acceptable to the Government
of the United States, I suggest that this letter, and the letter in
reply of Your Excellency, constitute an agreement between the
two Governments which will enter into force at the expiration of
sixty days from the date of that reply,[¹] and will remain in force
indefinitely, either Party having the right to terminate it by
addressing to the other a written notice to that effect at least
thirty days in advance."
On behalf of the Government of the United States, I accept the
contents of this letter which constitute an agreement on this subject
between the two governments.
I avail myself of this opportunity to renew the assurance of my
highest consideration.
ARTHUR K. WATSON
Arthur K. Watson
His Excellency
MAURICE SCHUMANN,
Minister for Foreign Affairs,
Paris. |