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

Ambassador Eui-yong Chung (Korea, Republic of)
European Union
C.ii.ii Costs
92. The representative of the European Communities said that it was more important to have some more convergence of views on the essential characteristics of the system before entering into such aspects as cost-sharing, modalities or arbitration or dispute settlement. With regard to arbitration and dispute settlement, he recalled that the EC proposal, tabled together with a number of other Members, had indicated that the way to solve disputes between a notifying country and an opposing country or countries would be through bilateral negotiations. In reply to a comment made by Argentina with regard to Article 23.1, he said that the EC would not dare to question the obligation with regard to any WTO Member concerning that provision. The only thing he had to say was that there was no obligation for a country to translate into its own language a notification of a GI made by another WTO Member. Concerning the question of how a country would know that a GI was generic, he said that one criterion would be the perception by consumers that needed to be demonstrated on the basis of information collected through a survey conducted among a number of consumers, by looking up terms and explanations in dictionaries, by looking at labelling and, possibly, at any other element of proof.