115. The representative of Brazil said that his delegation endorsed the responses provided by the European Communities and Switzerland to the Chair's questions.
116. On the issue of legal effects addressed in questions 1 and 2, he recalled that document TN/C/W/52 fully satisfied the mandate of the Special Session, which was to establish a system of notification and registration of GIs for wines and spirits in order "to facilitate" the protection of GIs. In contrast to TN/C/W/52, the other proposals would only establish a system for providing information. If Members were committed to the mandate of establishing a system "to facilitate" the protection of GIs, they would need to give some assurances that the information on the register would be relevant and be taken into account. Otherwise, it would only create a mere shortcut to obtain information.
117. He said that paragraphs 1-3 of TN/C/W/52 provided, in addition to the consultation of the register, the obligation to take its information into account when making decisions as prima facie evidence that the GI met the definition of geographical indication laid down in TRIPS Article 22.1. The information contained in the register had to be conducive to facilitating protection in national jurisdictions. The TN/C/W/52 proposal fully respected the principle of territoriality and the notion that prima facie evidence could be defeated in national jurisdictions, and hence safeguard the diversity of domestic procedures.
118. As regards question 3 which dealt with the issue of participation, he said that the mandate of Article 23.4 referred to the establishment of a "multilateral" system.
119. On special and differential treatment, he said that it was important to highlight that TN/C/W/52 was the only proposal that provided for special and differential treatment in its paragraph 9. Special and differential treatment could take various forms but one which had been already envisaged would be to assist developing countries to develop their own GIs in order to obtain international protection. The development aspect related to GIs could be illustrated by the fact that for the last eight years in Brazil, a number of local community-based projects, involving small farmers, had been put in place with the aim of adding value to local products. As a consequence, Brazil had now registered a few national GIs for wines, coffee, meat and Cachaça. After consolidation in the national market, these small farmers might wish to export and Brazil would then need to assist them to facilitate the protection of their GIs. The TN/C/W/52 proposal envisaged this assistance and would facilitate such protection.
120. He said that TN/C/W/52 was an inclusive and balanced proposal because it encompassed the main demands and concerns expressed by all Members on the three TRIPS issues, namely the GI register, TRIPS/CDB and GI extension, and that it was a sincere attempt by 108 Members to deliver on the mandate of the Doha Development Round.
