Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Lundeg Purevsuren
11 DRAFT CODEX ALIMENTARIUS STANDARD - DEFINITION OF 'CROSS PROMOTION'

217.   On 19 November 2019, in communication IP/C/W/660, we shared Mexico's recommendations regarding the prohibition of "cross promotion" between categories of follow-up formula for infants envisaged in a draft international Codex Alimentarius standard. 218.   The concern was that, in Mexico's view, the standard did not provide clarifications on the scope of the prohibition and that this could affect intellectual property rights, such as trademarks. 219.   Subsequently, at the 41st Session of the Codex Committee on Nutrition and Foods for Special Dietary Uses held in Germany from 24 to 29 November 2019, the Committee agreed to redraft the provision, clarifying that the intent of this paragraph was to avoid consumer confusion through a clear differentiation in labelling. As a result, the prohibition of cross promotion between product categories was not included in the rewording of paragraph 9.6.4. of the proposed draft. 220.   As this rewording is subject to endorsement by the Codex Committee on Food Labelling, Mexico is currently examining the outcome of the November 2019 session and will follow up on the discussions taking place this year. 221.   Lastly, it should be noted that while Mexico recognizes the importance of avoiding consumer confusion through the differentiation of products, it also considers that any measures to avoid such confusion should not unjustifiably encumber the use of trademarks.

The Council took note of the statements made.
35.   The Chair indicated that this item had been put on the agenda at the request of Mexico. A communication concerning had been circulated in document IP/C/W/660. He invited Mexico to introduce the item.
36.   The representative of Mexico took the floor.
37.   The representatives of Brazil; India; and Turkey took the floor.
38.   The Council took note of the statements made.
IP/C/M/94, IP/C/M/94/Add.1