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

Ambassador D. Mwape (Zambia)
B NEGOTIATION ON THE ESTABLISHMENT OF A MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION OF GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS
93. The representative of Turkey congratulated the Chairman on his appointment and thanked Ambassador Tan for her leadership and efforts in the consultations she had undertaken. Her delegation agreed with the Chairman's proposed approach for future work. It regarded legal effects and participation as the key elements that should be addressed first. She reiterated her delegation's view that the three TRIPS issues were inextricably linked and should advance in parallel. 94. On the question regarding what would be acceptable for a register to facilitate the protection of GIs, it was her delegation's view that a multilateral register with legal effects would facilitate the protection of geographical indications. It was clear that the proposal contained in TN/C/W/52 was the only proposal with real legal effects and provided for two kinds of obligations: the obligation to consult and the obligation to take into account the information on the register. Her delegation believed that a strong register would provide legal certainty for the right owners as well as for the protection of consumers. It was difficult to envisage how a voluntary system with no legal effects would facilitate protection. 95. With respect to future discussions, her delegation considered that, while sharing national experiences could provide some guidance in these negotiations, it was difficult to see how elements of convergence and divergence could emerge from just discussing the legal complexities and difficulties of implementing the multilateral registration system in various national systems. Even so, she expressed her delegation's willingness, with a view to facilitating and achieving agreement, to explain how the register could be implemented under its legal system.
TN/IP/M/25