Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Ambassador István Major (Hungary)
E.i Proposal from the European Communities and their member States for a multilateral register of geographical indications for wines and spirits based on Article 23.4 of the TRIPS Agreement (document IP/C/W/107)
47. The representative of Peru considered the EC proposal for a multilateral register of geographical indications most interesting and useful. However, in her delegation's view not only account should be taken of the elements of Article 22.1 for the definition of geographical indications, but reference should be made to the quality, reputation and other characteristics of the product which could be attributable to its geographical origin. In section III of the proposal, "Opposition Procedure", Article 22.4 and 24.6 were mentioned but, in her delegation's view, these provisions concerned exceptions and not grounds for opposition. It would be advisable that once recognition was given to the original ownership of a geographical indication in the register, an observation be included clarifying its use in the territory of those Members who had been using the geographical indication in question in good faith as stipulated in the exceptions provisions of the Agreement. One might also mention that the Member concerned should not export the product to third parties where it would otherwise be violating the rights of the original holder.
IP/C/M/20