Geography Reference
In-Depth Information
producers who are established in the geographical area of products that comply
with the specification.
2.99
On the critical issue of whether the nationals of other WTO Members were
accorded less favourable treatment than the European Communities' own
nationals, the Panel ruled that the conditions in the Regulations modified the
effective equality of opportunities to obtain protection with respect to intellec-
tual property in two ways. First, GI protection was not available in respect of
geographical areas located in third countries which the Commission had not
recognised. It was confirmed that the European Commission had not recog-
nised any third countries. Second, GI protection under the Regulation could
become available if the third country in which the GI is located entered into an
international agreement with the EU. For the Panel, both of those requirements
represented a significant 'extra hurdle' in obtaining GI protection which did not
apply to geographical areas located in the European Communities. The signifi-
cance of the hurdle was taken to be reflected in the fact that currently no third
country had entered into such an agreement or satisfied those conditions.
Accordingly, the Panel found that the equivalence and reciprocity conditions
modified the effective equality of opportunities with respect to the availability
of protection to persons wishing to obtain GI protection under the EU
legislation, to the detriment of those wishing to obtain protection in respect of
geographical areas located in third countries, including WTO Members. This
was held to be less favourable treatment.
2.100
The Panel noted that whilst the Regulation did not prevent a foreign national
from producing goods within the territory of the European Communities, the
different procedures which applied to foreign nationals compared with those of
the EU, were perceived as disadvantageous to the nationals of other Members.
6. TRIPS enforcement
(a) Introduction
Article 41.1 of the TRIPS Agreement imposes upon Members of the WTO the
general obligation to make available the enforcement procedures listed in the
Agreement 'so as to permit effective action against any act of infringement of
intellectual property rights' covered by the Agreement. These procedures are
required also to include 'expeditious remedies to prevent infringements and
remedies which constitute a deterrent to further infringements'. Consistent
with the general trade liberalisation objectives of the WTO, these procedures
are required to be 'applied in a manner as to avoid the creation of barriers to
legitimate trade and to provide for safeguards against their abuse'.
2.101
