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

Ambassador Eui-yong Chung (Korea)
European Union
C.3.c Purpose
120. The representative of the European Communities said, in relation to the June meeting discussions on the type of protection to be "facilitated" by the multilateral system of notification and registration, that his delegation maintained that the type of protection that a notified single GI would enjoy under TRIPS was a combination of protection under Articles 22 and 23, minus Article 24. For this reason, the EC proposal provided for opposition on the basis of certain exceptions; other exceptions would continue to apply at the national level. His delegation also believed that under national law the protection of both Articles 22 and 23 should apply. The argument that Article 23 was a lex specialis and Article 22 would therefore not apply did not hold true under the TRIPS Agreement. The understanding of both Articles 22 and 23 by his delegation was that they provided for different types of protection that were supposed to be available to GIs for wines and spirits at the national level. Therefore, the protection to be facilitated should be that of both provisions.