1.131. The representative of Costa Rica said that the draft composite text undoubtedly represented an important step forward. His delegation supported the statements made by previous speakers from the Joint Proposal Group, and supported the third revision of the joint proposal, as well as the textual proposals submitted by the Joint Proposal Group during the small group consultations. Costa Rica also supported the text on S&D, which was based on the various elements of Articles 66 and 67 of the TRIPS Agreement but which, more importantly, kept intact the principle of voluntary participation, unlike other proposals which departed from that principle of the Article 23.4 mandate.
1.132. As mentioned by other co sponsors of the joint proposal, if this negotiating group really wanted to progress to the next stage of the negotiations and eliminate square brackets, it would have to focus on the mandate. His delegation was opposed to extending the scope of the register to products other than wines and spirits and recalled that it had already been very flexible on that issue: some delegations had forgotten that Article 23.4 only referred to GIs for wines, and as part of the Doha Declaration balance the scope had been extended to cover spirits.
1.133. His delegation could not support the proposals contained in the composite text that aimed towards shifting the burden of proof, giving a registered GI the effect of prima facie evidence. This would go beyond facilitation of protection and alter the balance of rights and obligations in the TRIPS Agreement. His delegation could only accept, for Members participating in the register, the obligation for domestic authorities to consult the database when taking decisions in accordance with their domestic legislation, respecting the balance of rights and obligations in the TRIPS Agreement, in particular the principle of territoriality. The joint proposal met this objective, and was the only text that reflected the mandate. His delegation wished to thank the Chairman for the assurances that the negotiating mandate would be respected, and trusted him to ensure that this would be the case.
