84. The representative of Australia, in reply to the EC's question on the application of both Articles 22 and 23, said, that under international law, Article 23 was a lex specialis. It therefore had a level of protection higher than that provided under Article 22. From an international law perspective, the lex specialis would override the lex generali, and there was no reason why geographical indications for wines and spirits would need to benefit from Article 22. On the application of the principle of territoriality, her delegation did not see how a multilateral opposition procedure could really apply the principle of territoriality. The system that Hungary proposed would have an arbitration panel of members of unknown nationality who would not be in a position to understand the determinations made at national courts looking into the perceptions of consumers and whether a term had become generic in particular territories. Her delegation did not think that could be applied effectively at the multilateral level.
