111. The representative of Hong Kong, China said that the legal effect of a registration was an important element of the register. While not wanting to repeat the details of her delegation's proposal on legal effects of registrations, she said that the operation of the rebuttable presumptions, which only affected the burden of proof on the three issues identified in the proposal, did not have an extraterritorial effect as the system did not deal with competing claims for GIs. Such claims, as well the applicability of the exceptions under Article 24 of the TRIPS Agreement, would continue to be dealt with under the national laws. Members interested in the differences between the Hong Kong, China and the EC proposal on legal effects could refer to paragraph 149 of the minutes in TN/IP/M/14 for her delegation's intervention on that point.
112. Finally, to clarify the legal effects on non-participating Members under the Hong Kong, China proposal, she said that the obligation to give legal effect to registrations under the system would only be binding on Members choosing to participate in the system. In other words, there would be no legal effects in the non-participating Members.
