The Provisions on Geographical Indications in the TRIPS Agreement

Endnotes

1. Matthijs Geuze has been Senior Counsellor in the World Intellectual Property
Organization since 2002. From 1989 to 2002 he was employed by the Secretariat
of the GATT and the World Trade Organization, and from 1981 to 1989 by the
Dutch Patent Office. The views expressed are his personal views rather than those
of the organisations with which he is or has been affiliated.

2. See WIPO document SCT/8/4.

3. The WTO Agreement is a reflection of the single undertaking embarked upon in
the Uruguay Round of multilateral trade negotiations: a negotiating package
consisting of subjects put forward by the various trading partners, which, when
negotiated on their own, would not likely have led to a successful outcome among
all trading partners. This negotiating package had to be adopted as a whole, i.e.,
“nothing was agreed until everything was agreed.”

4. WTO document IP/C/W/253 and IP/C/W/253/Rev.1.

5. Matthijs Geuze, “Protection of Geographical Indications under the TRIPS
Agreement and Related Work of the World Trade Organization.” WIPO
Symposium on the International Protection of Geographical Indications in the
Worldwide Context, Eger, Hungary, 24-25 October 1997. WIPO Publication No.
760.

6. Dariel de Sousa, “Protection of Geographical Indications under the TRIPS
Agreement and Related Work of the World Trade Organization (WTO).” WIPO
Symposium on the International Protection of Geographical Indications,
Montevideo, Uruguay, 28-29 November 2001.

7. The provisions that lay down these obligations are contained in Articles 3 and 4 of
the TRIPS Agreement. Australia and the United States initiated dispute settlement
procedures against the European Communities for its non-compliance with these
obligations. See the panel reports contained in WTO documents WT/DS174/R
and WT/DS290/R.

8. Part III of the TRIPS Agreement (i.e., Articles 41 to 61).

9. Article 2.1 of the TRIPS Agreement.

10. For background information on proposals tabled in the negotiations, reference is
made to Daniel Gervais, The TRIPS Agreement - Drafting History and Analysis.
2^nd edition. London: Sweet and Maxwell, 2003.

11. As regards the definition of the Lisbon Agreement, reference is made to Matthijs
Geuze, “Let’s Have An Other Look at the Lisbon Agreement - its Terms in their

Estey Centre Journal of International Law and Trade Policy

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