77. The representative of the United States introduced the proposal which his delegation had developed in cooperation with Japan. As noted at previous meetings, the purpose of negotiations under Article 23.4 was to facilitate protection and not to create new obligations or burdens for WTO Members. In light of the Singapore Ministerial Decision, the scope of negotiations should include both wines and spirits and the proposal reflected that belief. He believed it also satisfied each of the criteria his delegation and others had identified during the last meeting of the Council as appropriate for any system of notification and registration of geographical indications that might be established under Article 23.4. The proposed system would simplify and facilitate the protection of geographical indications for participating WTO Members and would not impose substantive obligations regarding protection of geographical indications beyond those currently set out in Section 3 of Part II of the TRIPS Agreement. It would allow voluntary participation, as reflected by the words in Article 23.4 "in those Members participating in the system". A WTO Member would not be required to participate in the system to obtain full TRIPS protection for its geographical indications for wines and spirits. The proposed system would also recognize and accommodate the various regimes of WTO Members for protection of geographical indications described in the responses to the Checklist of Questions on Article 24.2, if those regimes were consistent with the TRIPS Agreement. The system would also be simple and not costly for those Members choosing to participate in it. It would allow WTO Members and others to use information submitted without undue burden or cost. Finally, the proposed system would not impose undue administrative burdens and costs on the WTO Secretariat. His delegation recognized that Members had just received the proposal and would not have had time to review it or to consult with capitals, but it would appreciate initial reactions, understanding that those reactions might be subject to change after consultation. He looked forward to a full discussion of the proposal at the next meeting.
