TWN
Info Service on WTO and Trade Issues (Apr08/04)
22 April
2008
Third
World Network
Trade:
TRIPS Chair to prepare report on register for wines and spirits
Published
in SUNS #6454 dated 14 April 2008
Geneva,
11 Apr (Kanaga Raja) -- The Chair of the Special Session of the TRIPS
Council informed members on Friday that he is preparing a factual
report on the negotiations on a multilateral register for Geographical
Indications (GIs) for wines and spirits for the forthcoming "horizontal
process" on the Doha Round.
According
to trade officials, Chairman Ambassador Manzoor Ahmad of Pakistan
had called the informal meeting of the Special Session to report to
the full membership on his recent consultations with some key players
in the negotiations, as well as to outline what he is planning to
cover in his paper.
Trade
officials said that the Chair's paper will be a summary of positions
in the negotiations, which is currently focussed on creating a multilateral
system for notifying and registering Geographical Indications for
wines and spirits.
(The
other issue under the Doha
mandate - extending the higher level of protection beyond wines and
spirits - is being discussed separately.)
According
to trade officials, differences among members on the issue of the
multilateral register were reflected in the discussions Friday on
what the Chair's paper should try to do.
Ambassador
Ahmad told members that he would place the issues discussed into three
categories:
--
Where fundamental differences remain: i. e. participation and legal
effects or consequences of a registration.
--
Where there is some convergence: on notification and the mechanics
of registration.
According
to trade officials, the Chair said that he would try to identify the
convergence instead of simply reflecting proposals members have made.
--
Where there has been less discussion (because the topics are linked
to the areas of fundamental differences): these include the duration
of registration; procedures for modifying and withdrawing registrations;
various costs and administrative burdens; the impact on developing
and least developed countries; arrangements for review; contact points;
and special treatment for developing countries.
Ambassador
Ahmad said that he is considering whether or how to include the links
that some members have made to other intellectual property issues,
including extending to other products the enhanced protection now
given to wines and spirits, and issues related to biodiversity.
During
the discussions, the EU underlined the political and economic importance
of GIs, adding that after 13 years of negotiations, progress was long
overdue.
The
EU said that it could not agree on just having a database - the result
has to help prevent misuse of GIs and unfair competition.
(A
joint proposal by several countries that includes Argentina, Australia,
Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador,
Honduras, Japan, Mexico, New Zealand, Chinese Taipei and the United
States has suggested the setting up of a voluntary system where notified
GIs would be registered in a database.)
According
to trade officials, the EU stressed that the Chair's paper should
reflect options in a way that would facilitate the work of Ministers
(presumably in the horizontal process). It reiterated that the result
should apply to all members.
Turkey
and Switzerland
supported the EU position.
New Zealand expressed concern that
some elements in the draft Chair's report go beyond the mandate of
the group, and urged further discussion. Australia stressed
that the report should be factual with a summary of proposals from
members.
According
to trade officials, the US
was of the view that the Chair has no mandate to produce a negotiating
text. It added that proposals to raise trade protection with extra-legal
effects are not acceptable.
The
US further said
that the mandate is clear that the system would be voluntary. It criticized
members who want to "rope in" other members who do not want
to participate in the scheme. It said that there was no need for Ministerial
guidance, and any attempt to get that would not succeed.
Japan said that there is no convergence
in the group on key issues, such as on the legal consequences of an
agreement. Canada said that
the issue is not ripe for a decision by Ministers.
Chinese
Taipei urged more technical discussions. Korea also said that this subject
should not be taken up in the horizontal process.
According
to trade officials, India
said that it could support a purely factual report with no mention
of options, and reiterated the linkage between this subject and the
discussion on the Convention on Biological Diversity (CBD). It said
that like other developing countries, it would like to extend GI coverage
to products other than wines and spirits.
Brazil said that the register should
not have legal effects to member's legal jurisdiction. China
stressed the linkage to the CBD issue, adding that GIs should be extended
to all products.
Argentina said that the issue of GI
register is not ripe for decision-making. Ecuador
supported voluntary participation, and stressed that the parallelism
between GIs and the CBD is "fundamental".
Chile said that there has been some
movement by the EU but the bloc's position was still beyond the mandate.
Colombia and Costa
Rica expressed concern about making
the registry mandatory, and opposed appending text for a decision
in the Chair's report.
Mexico stressed the need for greater
transparency and urged that the draft Chair's text be made available
to all delegations.
Hong
Kong-China reiterated its proposal (submitted in 2003) that participation
in the GI register should be voluntary but that there would be legal
effects on the participating members. It said that this proposal meets
the requirements of the mandate.
The
EU said that 27 members-plus-two consider the EU proposal to be within
the mandate. It said that the only thing clear is that this is not
clear, and so Ministers should clarify. It was of the view that obstructive
attitudes will obstruct the modalities and the Doha Round.
According
to trade officials, the EU urged a change in mind-set to work constructively
towards an agreement, and that after 13 years of negotiations, it's
about time that the Chair puts up a text for the final phase of the
negotiations.
Chairman
Ahmad said that he plans to issue his report likely towards the latter
part of this month. +