71. The representative of Australia said that on legal effects the Draft Text contained elements that actually represented amendments to the TRIPS Agreement. Presently, Members had an obligation "to provide the legal means for interested parties to prevent the use of geographical indications identifying wines and spirits not originating in the place identified by the geographical indication"; the key obligation was "to provide the legal means". However, the Chair's text clearly stipulated exactly what those means had to be, and how and when to make use of the exceptions. On participation, the Draft Text provided a single text in paragraph 1: this way of proceeding incorrectly suggested that there was agreement on the issue. Moreover, although the mandate was clear enough that only notification and registration procedures were covered, the majority of paragraphs contained provisions providing for negotiations and arbitration, which had nothing to do with notification and registration.
