36. The representative of Guatemala said that as a member of the Joint Proposal Group her country was committed to negotiations under Article 23.4 of the TRIPS Agreement and supported a proposal based on two fundamental pillars contained in the mandate, namely to facilitate protection of GIs of wines and spirits, and to recognize voluntary participation.
37. In response to the Chair's first question, Guatemala was of the view that to maintain the protection the national authorities were providing, participating Members would consult the database and take its information into account when taking decisions on the registration of trademarks and GIs. The practical and immediate effect of consulting the database would be that the authorities would be aware of the existence and status of certain GIs of wines and spirits, which would prevent the erroneous granting of rights. Instructions to authorities to consult the database should be included in the handbooks and guidelines for examiners, as had been suggested by Japan. The details of the consultation would of course depend on national legislation. Her delegation would be interested to hear the experience of other developing countries that were already in a position to participate in the system.
