Geography Reference
In-Depth Information
2.93
On 21 April 2011 WTO Director-General Pascal Lamy circulated a report on
his consultations on GIs extension and proposals dealing with the relationship
between the TRIPS Agreement and the Convention on Biological Diversity. In
relation to extension he described the 'state of play' as characterised by 'diver-
gent views' and 'with no convergence evident on the specific question of
extension of Art 23 coverage: some Members continued to argue for extension
of Art 23 protection to all products; others maintained that this was undesirable
and created unreasonable burdens'. 46 Confirming that trade mark systems were
legitimate forms of protecting GIs in line with the general principle that
Members are entitled to choose their own means of implementing their TRIPS
obligations, he reported that extension proponents sought guarantees that the
trade mark system could and would protect their GIs at the higher level for all
goods. 47
5. The TRIPS GIs disputes
2.94
A number of WTO Members had argued that the EU scheme for the
protection of GIs was TRIPS-deficient in a number of areas. For example, the
statement of the US to the WTO on the WTO trade policy review of the EU
expressed the concern that 'foreign persons wishing to obtain protection for
their GIs in the EU itself face a non-transparent process that appears to come
into some conflict with the EU's TRIPS obligations' and that 'EU rulemaking
processes are often perceived by third countries as exclusionary, allowing no
meaningful opportunity for non-EU parties to influence the outcome of
regulatory decisions'. 48 On 1 June 1999 the US requested consultations with the
European Communities ('EC') pursuant to Art 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes ('DSU') and Art 64 of the
TRIPS Agreement regarding EC Council Regulation (EEC) No 2081/92 of
14 July 1992 on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs. The United States and the EC
held consultations on 9 July 1999, and thereafter, but these and following
consultations failed to resolve the dispute.
2.95
On 18 August 2003 the US and Australia requested the establishment of a
WTO dispute settlement panel to review the consistency of EU Regulation
2081/92 with the rules of the TRIPS and GATT Agreements. The US and
46
'Issues related to the extension of the protection of geographical indications provided for in Article 23 of the
TRIPS Agreement to products other than wines and spirits and those related to the relationship between the
TRIPS Agreement and the Convention On Biological Diversity', Report by the Director-General, WTO Doc
WT/GC/W/633, TN/C/W/61, 21 April 2011, para 17.
47
Ibid.
48
WTO Trade Policy Review of the European Union, Statement by the United States to the WTO, 24 July 2002.
 
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