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

Ambassador C. Trevor Clarke (Barbados)
B.ii Meeting of 28 October 2009, p.m.
144. The representative of Barbados suggested that the Special Session first agree on what rules would be acceptable to all Members, and then look at the issue of participation. If Members could work together to agree on disciplines acceptable to them, they might then be able to agree to all sign up to it. 145. She said that in some instances it might mean lowering the ambitions. For example, the obligation to consult was acceptable to all, and it would appear that an obligation to take the information could also be acceptable. Otherwise what would be the purpose of consulting if the information would not impact in any way? The question then was what to do with the information. That was the sticking point because some Members wanted the "multilateral" register to have a multilateral effect and others wanted it to just have a territorial effect. There was currently a multilateral register where there were no international examiners verifying whether GIs actually satisfied the criteria for protection, unlike in the national system where an examiner would examine whether the criteria had been satisfied before granting or refusing the application. She believed that some progress was being made towards some consensus on certain points. She thought it would be possible to have some agreement on the obligations to consult and to take into account. There would remain the issue of finding some rule to determine for what purpose this information would serve or how the information should be treated.
The Special Session took note of the statements made.
TN/IP/M/23