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

Ambassador C. Trevor Clarke (Barbados)
Chinese Taipei
B.iii Cluster 3 (Other elements such as costs and burdens and special and differential treatment)
159. The representative of Chinese Taipei said that his delegation was concerned that, if the only obligation were to simply maintain a list, this list could become a shortcut for the GI owners to get applications approved in foreign countries because the registered name would enjoy, under the EC proposal, the prima facie evidence effect. When the owners of "Bordeaux" applied for protection in a foreign country, they would submit an application to the domestic authority of that country and refer to the register, which the authority would then examine, and find that the name was on the register. Such a list would become a shortcut because, according to what the European Communities said, if there was no opposition or any prior rights in that country, it would be recognized as meeting the definition of a GI. It would not just be a simple WTO list that the Secretariat maintained, but actually a shortcut for GI owners to get their applications through.
The Special Session took note of the statements made.
TN/IP/M/21