Comptes rendus ‒ Session extraordinaire du Conseil des ADPIC ‒ Afficher les détails de l'intervention /la déclaration

Ambassador Eui-yong Chung (Korea, Republic of)
C.iii What is meant by a "system of notification and registration"
110. The representative of Switzerland said that the multilateral system to be established should provide for a two-stage process, which meant that there needed to be a distinction between the notification and the registration phases. Regarding the notification phase, the name or indication a Member would like to propose for listing in the multilateral system needed to be notified. The notification of a name or indication triggered an examination by Members. WTO Members must have the opportunity to indicate to the Member having notified the geographical indication whether there were elements that prevented the protection of the notified geographical indication in their territory such as the requirements that the definition in Article 22.1 had to be fulfilled, that there should not be any deceptive homonymous geographical indications, or that the name notified was a generic term under Article 24.6 or fell under any other exceptions under Article 24. For these purposes, the provision of a procedure to oppose and challenge the notified geographical indications would be crucial. Regarding the issue of examination after the notification of the name or indication, Members should also consider whether it would be useful if the authority or "body" in charge of the management of the multilateral register ought to make itself a formal examination of the notified geographical indications. The second phase of the multilateral system, the registration, could only take place after the first phase of notification, examination and possible challenge. Registration was the final stage of the procedure and meant the inclusion of the geographical indication in the WTO register along with any objections that might have been made known. The distinction between those two phases as well as the provision of an examination and a challenge procedure gave legitimacy to the listing in the multilateral register. 111. He agreed with the representative of Hungary that there were costs and benefits involved for all issues discussed in the TRIPS Council, not only on the issue of establishing a notification and registration system but also, for example, in the field of traditional knowledge, where some creative proposals were on the table and would entail some benefits and costs.
TN/IP/M/2