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

Ambassador Eui-yong Chung (Korea)
European Union
C.3.b.i Procedures
70. The representative of the European Communities said, in response to the question raised by the delegation of Canada, that there would be no formal dispute settlement or binding arbitration or any such mechanism to determine whether a country's approach to a generic term was valid or not under the register. It would be up to the country's national law to implement Article 24.6 and to determine whether a term was generic or not. If the Canadian law interpreted Article 24.6 in a manner different from the Australian, EC or any other law, that was legitimate as well. What would happen following an opposition was that the two countries would enter into dialogue to clarify whether the term was generic under Canadian law because the time-limit of 18 months for example had not been sufficient to provide for some prima facie evidence. That was the gist of the proposal by his delegation.