82. The representative of Malaysia said that it was her delegation's contention that the system must be voluntary, as was clearly stated by Article 23.4. The system was to facilitate the protection of geographical indications for wines and spirits and was not meant to create additional rights and obligations. She further noted that the discussion so far, as well as the options provided in the Draft Text, did not reflect the legal dichotomy between participation and non-participating Members or the difference between a voluntary system and a system that was applicable to all. Malaysia wished to see the notions of participation and non-participation clearly spelt out in terms of legal effects, fees and costs as well as administrative requirements. The current negotiations on the multilateral system should recognize the intent of Article 23.4, namely, "protection in those Members participating in the system" would mean offering some sort of a carve-out from the multilateral nature of the system. As a result, this would mean that there would not be any additional rights or obligations.
