Geography Reference
In-Depth Information
2.70
The WIPO Standing Committee on The Law of Trademarks, Industrial
Designs and Geographical Indications recommended that the extension of this
principle to geographical indications, regardless of the kind of products for
which they are used, be considered.
22
(c) Use of terms common in the wine trade
Article 24.6 provides that nothing contained in section 3 of the TRIPS
Agreement containing the GIs provisions shall require a WTO Member to
apply its provisions in respect of a GI of any other Member with respect to
products of the vine for which the relevant indication is identical with the
customary name of a grape variety existing in the territory of that Member as of
the date of entry into force of the WTO Agreement.
2.71
(d) Pre-existing use
Article 24.4 of the TRIPS Agreement provides that nothing in its GIs
provisions shall require a WTO Member
2.72
to prevent continued and similar use of a particular geographical indication of another
Member identifying wines or spirits in connection with goods or services by any of its
nationals or domiciliaries who have used that geographical indication in a continuous
manner with regard to the same or related goods or services in the territory of that
Member either (
a
) for at least 10 years preceding 15 April 1994 or (
b
) in good faith
preceding that date.
(e) Multilateral system
Article 23.4 provides that in order to facilitate the protection of GIs for wines,
negotiations shall be undertaken in the Council for TRIPS concerning the
establishment of a multilateral system of notification and registration of GIs for
wines eligible for protection in those Members participating in the system.
Preliminary work was initiated at the Council's meeting in February 1997.
23
Paragraph 18 of the Doha Ministerial Declaration, adopted on 14 November
2001, provided that:
2.73
'[w]ith a view to completing the work started in the Council for Trade-Related Aspects
of Intellectual Property Rights (Council for TRIPS) on the implementation of Art
23.4, we agree to negotiate the establishment of a multilateral system of notification and
22
WIPO Standing Committee On The Law Of Trademarks, Industrial Designs And Geographical Indications,
'Possible Solutions For Conflicts Between Trademarks and Geographical Indications and for Conflicts
Between Homonymous Geographical Indications', WIPO Doc, Sct/5/3, 8 June 2000.
23
Council for Trade-Related Aspects of Intellectual Property Rights - Minutes of Meeting - Held in the Centre
William Rappard on 27 February 1997, WTO Doc, IP/C/M/12.
