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

Ambassador Eui-yong Chung (Korea)
C.3.b.i Procedures
83. The representative of Argentina concurred with the EC's comment that obviously no new rights were created. The point she had made was that the EC was putting a right as an "absolute" one, ahead of any other right, intellectual property ones or exceptions negotiated in relation to the protection of these rights. Anyone in a WTO Member had the right to go on using a name which was protected as a GI in other Members if for example that name had been used in good faith before 1994. For example, if a term was registered as a trademark, it would be legitimate that the person continued using it, in accordance with the results of the Uruguay Round. It should be kept in mind that the system proposed was only one adopted by some Members and others might have different ones.
TN/IP/M/4