148. The representative of Australia recalled that the European Communities had acknowledged in one of its previous responses that, if a Member had not lodged a reservation, it would have waived its right to claim that a geographical indication was generic in its territory. For example, if Australia had chosen not to participate in the system and for this reason decided not to lodge any reservations, would it still be able to decline to protect a registered geographical indication on the grounds that it was generic in its market? If the answer to this question was negative, then it was clear that the EC proposal would not only force Members to participate in it but it would also limit the exceptions to which all Members were currently entitled to avail themselves when determining the eligibility for protection of geographical indications in their territories.
