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

Ambassador C. Trevor Clarke (Barbados)
B.i Meeting of 23 October 2009, p.m.
43. The representative of Argentina emphasized that a scenario as suggested by the Chair would have to be based on the situation that both countries had agreed to participate, because in a voluntary system no action of a notifying country could create any sort of obligation for a country that was not willing to participate in the register. Assuming that both countries had indeed agreed to participate, the factual information on the register would not, in his delegation's view, through the mere process of consulting, produce a legal effect in the consulting country. From the point of view of the notifying country, the more information and detail of a GI was given to the register, the better were the chances for this GI if more and better information was made available to the consulting country. This also related to the Chair's second question regarding significance and weight to be given to this information. In light of this, his delegation did not see much scope for a shared responsibility given that providing detailed information was in the interest of the notifying Member that was participating of its own volition, whereas the consulting Member only had the responsibility to consult. The weight was therefore on the other side: the more and the better information provided by the notifying country, the better known would be the characteristics of the notified GI.