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

Ambassador Eui-yong Chung (Korea)
Czech Republic
C.3.a Participation
29. The representative of the Czech Republic reiterated her delegation's support for the establishment of such a system which would meet the purpose as provided by Article 23.4 of the TRIPS Agreement, i.e., to facilitate the protection of GIs. Her delegation was convinced that only a system with legal effects for Members could facilitate or ensure more effective protection of GIs. It was clear that the purpose of the system closely related to all elements that had been discussed. What did this mean for "participation"? In her view, ensuring proper protection of GIs required all Members to respect the rights of owners of GIs registered under the system. At the same time, all Members should be authorized to challenge any proposed registration of GIs in the course of a specified time-period. Members who would not challenge registration would be obliged to respect that particular GI with all the legal consequences. Nonetheless, Members could avail of the benefits, i.e., higher legal certainty and eventually high economic revenue, flowing from registered GIs under the system. Legal certainty would lead to a decrease of long judicial disputes and would avoid the burden of proving an act of unfair competition and damage to right holders. Subsequently, that could lead to lower costs for participating Members, and thus facilitate the protection of GIs. It was unfortunate that some Members were proposing a voluntary system with no legal effect and constituting a mere list of GIs. It was still not clear to her delegation how such a list could "facilitate" the protection of GIs.
TN/IP/M/4