M. Geuze
there is a clear mandate to launch negotiations, while opponents have claimed that
there is no agreement to negotiate any extension.
For purposes of negotiations regarding the register, an ad hoc negotiating group,
the Special Session of the Council for TRIPS, has been established.
Negotiations on a multilateral register of GIs for wines and spirits
The special session established by the Doha Declaration has, to date, not
managed to achieve a significant narrowing of differences of view between
members. The two key issues are (1) what the legal effects or consequences should
be of a registration under the system to be negotiated and (2) whether participation
in the system should be voluntary or mandatory for WTO members. There are
currently three proposals on the table:32
- The joint proposal.33 This proposal is sponsored by Argentina, Australia,
Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador,
Guatemala, Honduras, Japan, Mexico, New Zealand, Nicaragua, Paraguay,
Chinese Taipei and the United States. These members propose a purely
voluntary system. Members wishing to participate would notify a list of GIs,
which would then be recorded on a database administered by the WTO
Secretariat. Participating members would commit to ensure that their procedures
include the provision to consult the database when making decisions regarding
registration and protection of trademarks and GIs for wines and spirits in
accordance with their domestic law. Non-participating members would be
encouraged, but would not be obliged, to consult the database.
- The EC proposal.34 This proposal calls for a system whereby members
electing to participate would notify GIs into the system. Upon publication, other
members would have an 18-month period during which to lodge a reservation
against (i.e., to challenge) the notified GI on certain grounds, such as non-
compliance with the Article 22.1 definition or genericness. In the absence of
challenges or if the challenges were withdrawn, the GI would be registered.
Differences regarding challenges would be resolved through direct negotiations
between the notifying and challenging members. Once registered, the GI would
produce an irrebuttable (i.e., no longer challengeable) presumption of eligibility
for protection in the members who have not challenged the GI or have
withdrawn the challenges. This presumption also applies to non-participating
members that have not lodged reservations within the 18 months. The registered
GI can be challenged at any time in participating members on other grounds
such as prior trademarks or grandfathered uses.
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Estey Centre Journal of International Law and Trade Policy