115. The representative of the European Union said his delegation agreed that genericness had to be decided on a case-by-case and country-by-country basis and therefore there was no extraterritorial effect in the TN/C/W/52 proposal. Moreover, he was pleased to note an apparent convergence that had emerged in the course of the meeting, namely that nothing in the US or Canadian system would have to be changed to implement the TN/C/W/52 proposal. It was his understanding that there was already a point of convergence on the issue of genericness assertion and that the system his delegation had co-sponsored was in line with existing legislation.
