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

Ambassador Carlos Pérez del Castillo (Uruguay)
Venezuela, Bolivarian Republic of
G IMPLEMENTATION OF ARTICLE 23.4
84. The representative of Venezuela, addressing the scope of application of the proposed system, wished to reiterate his delegation's view that it was necessary to include spirits, and any other agricultural or industrial product might be included in the future as well. He also had certain preliminary technical comments to make. These were in line with those he had made on the EC proposal at the December meeting. Firstly, his delegation wished to know what were the effects erga omnes in the national legislation of Members, if a notification was registered under a system to be established under Article 23.4. Neither was the proposal from Japan and the United States clear as to the relationship with retroactivity where there was an effect erga omnes. His delegation was also concerned about the relationship between geographical indications and collective or certification marks. At least in Venezuelan legislation, collective and certification marks were part of the trademark system and could not be geographical indications. Geographical indications and collective marks were subject to different norms and requirements. The requirements for collective marks were much simpler. Geographical indications referred to the quality and particular characteristics of a product and were very distinct. The procedures for protecting collective and certification marks were also different from those for the protection of geographical indications. Registration of trademarks must be renewable as long as the conditions under which they were created were the same, which did not apply to geographical indications. The proposal from Japan and the United States could be useful for the work under this agenda item but it would also present many problems. He recommended that the issue of collective and certification marks be addressed in the year 2000 review of the whole Agreement.
IP/C/M/22