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

H.E. Ambassador Dagfinn Sørli and Ambassador Dr. Lansana Gberie
9 REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2

124.   Switzerland submitted its first set of responses in 1999 in Addendum 13 to document IP/C/W/117. We updated our responses in September 2017, in document IP/C/W/117/Add13/Rev.1 and in February 2019, in document IP/C/W/117/Add.13/Rev.1/Corr.1. As informed under agenda item 1 "Notifications", Switzerland adhered to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications on 1 December 2021. 125.   Document IP/C/R/GI/CHE/1 reflects the amendments in the Swiss national legislation resulting from our accession to the Geneva Act now also in Switzerland's answers to the checklist of questions of the review under this agenda item. Since the entry into force of the TRIPS Agreement in 1995, geographical indications as an intellectual property right have only gained in importance. We see a dynamic development in many WTO Members of all levels of development. Members want to take advantage of the benefits that geographical indications (GIs) offer for the promotion of their specialty products in their national market and in international trade. My delegation therefore echoes your call, Chair, and encourages Members who have not yet submitted their responses to the checklist, to do so now or bring their earlier responses up to date. 126.   The answers to the checklist of questions are a valuable resource and the basis for the Council's discussion under this agenda item. In the same vein, Switzerland calls on the Council to resume its review under Article 24.2 of the TRIPS Agreement to allow for substantive discussions, the sharing of Members experience and lessons learned for the mutual benefit of all delegations.

The Council took note of the information provided and agreed to revert to the matter at its next meeting.
43. The Chair recalled that Article 24.2 of the TRIPS Agreement required the Council to keep under review the application of the TRIPS provisions on geographical indications. The principal tool used for the review was the Checklist of Questions in documents and . Since the Council's October 2021 meeting, Switzerland has submitted updated responses which had been circulated in document .
44. The Chair invited Switzerland to introduce their submission.
45. The representative of Switzerland took the floor.
46. The Chair thanked Switzerland for providing detailed and comprehensively updated answers to the list of questions on geographical indications.
47. He said it was unfortunate that only 52 out of 164 Members had responded to the Checklist so far; and that many of these responses were likely to be outdated. In his view, this did not adequately reflect the fact that GI protection was an active area of legal and policy development at the domestic level and in FTAs. The "Annual Report on Notifications and Other Information Flows" circulated earlier by the Secretariat provided a Member-by-Member overview of notifications in this area. He invited delegations to take a look at Table A.9 to determine whether they should submit initial responses to the GI checklist or whether their previous responses might merit updating. He noted that the eTRIPS Submission System provided an easy and convenient online tool for drafting and submitting responses to the Checklist.
48. In line with the Council's recommendation made in March 2010, the Chair also invited Members to share information regarding GI chapters in their bilateral agreements.
49. The representatives of the European Union; and Sri Lanka took the floor.
50. The Council took note of the information provided and agreed to revert to the matter at its next meeting.
IP/C/M/104/Add.1, IP/C/M/104/Rev.1, IP/C/M104