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

Ambassador C. Trevor Clarke (Barbados)
B.i Cluster 1 (Legal effects and participation)
14. The representative of El Salvador thanked the EC delegation for its explanations. She wished to focus on the statement made by the EC representative that the procedure for the registration of GIs would take into account the principle of territoriality and respect the rule that procedures would be based on the domestic legislation of each Member. In the first option mentioned by the representative of the EC, the competent administrative authority in El Salvador, the registrar, could accept the application provided that it had complied with all the requirements of the domestic legislation. In the second option, he could reject the application because he had the information or was aware, based on his discretionary powers, that there was indeed a GI, but that this GI was not protected within the national territory. The registrar would reject the application and, in accordance with the legal procedures, parties would be duly notified and have, under her country's legislation, a time-limit to appeal before the last instance in El Salvador, the Supreme Court, which might decide that the application was not eligible for protection. She asked what the situation would therefore be if, on the one hand, the GI had been definitely rejected at the last instance in a Member and, on the other hand, the GI had been registered on the multilateral register. Could a final decision by the last judicial instance of a Member be overturned by the multilateral register?