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

Ambassador Eui-yong Chung (Korea)
C.3.b.i Procedures
81. The representative of Argentina, following on from the reasoning used by the delegation of Australia, said that she did not think that, during the negotiation stage, the rights of producers of either of the two countries should be undermined. It was understood to some extent that both sides had the right to make claims after the final results of the negotiations. However, the point she wanted to make was that the automatic registration of a GI that was challenged led to the situation described by the representative of Australia. In the final analysis, the country who had made the registration crystalized its position because the GI would automatically have to be protected in the other WTO Members. That would imply undermining rights, if any, held by the challenging party, e.g., right deriving from use in good faith or prior trademark. The fact that opposition had to be made just to trigger negotiations would already be an "automatic" concession and would indirectly nullify the rights of any person on behalf of whom a Member made the opposition
TN/IP/M/4