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

Ambassador Eui-yong Chung (Korea)
C.3.b.i Procedures
77. The representative of Argentina said that the EC's clarification of their position regarding the Hungarian proposal was important because it had not been very clear previously. Under the EC proposal, once a GI was notified and published, another Member could oppose it within a time limit. It would appear that, despite opposition, the GI would be recorded and would have effects in those Members who had not opposed it. She raised the following questions: how would the bilateral negotiations unfold? Would they last one year, ten or 20 years? What was the role of the national legislation of the parties involved? In her view, nothing in the course of these negotiations would prevent the party whose rights were affected to have, in parallel to these negotiations, recourse to the judicial avenues in one of the two countries. A second question was whether once a GI was opposed and registered, the use of that GI could be continued or not. For instance, if a notified term had been opposed on the ground that it was generic in the opposing country, could that country continue to use it because according to its legislation the term was generic?
TN/IP/M/4