35. The representative of Japan expressed the hope that the collaborative efforts of the sponsors of the room document, including his delegation, would facilitate a technical discussion in the Special Session. With respect to the Chair's first question, Japan would accept a system which would facilitate, but not increase, the protection of GIs of wines and spirits and which would not change the rights and obligations under the current TRIPS Agreement. In this respect his delegation had a major concern with regard to the legal presumption in the system proposed in TN/C/W/52. It believed that such a legal presumption was unreasonable since it shifted the burden of proof from the notifying Member seeking protection to the Members consulting the register which could otherwise use the information in the Register without rebutting any presumption. In his delegation's view the notifying Member was most likely to have sufficient evidence to demonstrate that the notified GIs met the definition under Article 22.1. The responsibility to prove the eligibility of the notified GIs from the viewpoint of their definition should therefore be taken on by the notifying Members.
