International Trade

India & World Trade Organization (WTO)

Intellectual Property

Establishment of Multilateral Register for wines and spirits

The work on the issue of Establishment of Register for Wines & spirit started in the WTO in 1997, under article 23.4 of the trips agreement, which stipulates that negotiations shall be undertaken in the council for trips concerning the establishment of multilateral system of notification and registration of GIs for wines. Paragraph 18 of the Doha declaration reconfirms this mandate and points out to the agreement of members to negotiate to complete the work on registry by the Fifth WTO ministerial conference, which was held in Cancun on 10-14 September 2003, with no concrete result on the registry. Presently, the issue is being discussed in the special session of the TRIPS Council.

The issue has been dealt with extensively based on 3 proposals from US, EU and Hongkong China. The most detailed one is by the EU, the second is the Joint proposal from US with group of countries.

The European Communities and their Member States submitted a proposal (IP/C/W/107 dated 28th July 1998) for the negotiations on the establishment of a multilateral system of registration of geographical indications initially deal only with wines and spirits and proposed to consider launching complementary discussions for extending the multilateral register's coverage to other goods, in stages. Thus, the proposal of EU & Others seeks to include all products on the register (not just wines) with a presumption of protection. It is not a voluntary system and if a Member disagrees with the inclusion of GI them the onus is upon them to lodge a reservation within eighteen months. The reservation must be based on one or more of a list of limited grounds.

The joint proposal (TN/IP/W/9 dated 13 April 2004 ) of US , Australia, New Zealand, Canada etc seeks to facilitate the current level of protection of wines and spirits GIs, Specifically, Members would establish a multilateral system of notification and registration consisting of a searchable database of all GIs for wines and spirits that are notified by participating Members. The database would be available to Members in hard copy and on the WTO Internet website, and would be updated as required. The system would provide national intellectual property offices with information on GI rights claimed by producers in the territory of another WTO Member. This information could be used by national offices when making decisions regarding the recognition and protection of GIs for wines and spirits, in accordance with national legislation. Members would be free to choose whether or not to participate in the system, as set out in the mandate under TRIPS Article 23.4. There would be no legal effect whatsoever on Members who chose not to participate.

Comparison of the GI Register proposals

	THE EC 2005 PROPOSAL (TN/IP/W/11 of 14 ^th June 2005)	THE JOINT PROPOSAL (TN/IP/W/10 of March 9 , 2005)	THE EC PROPOSED COMPROMISE 2007 (as discussed on Oct 25 with Mr. Yerxa and others)
Coverage	Register covering all products	Limited to wines and spirits	Limited to wines and spirits
Participation	A Register with participating and non-participating Members. Participating Members are those who notify a GI to the register	A Register with participating and non-participating Members. Voluntary participation.	A Register with participating and non-participating Members. Participating Members are Members with substantial trade in wines and spirits ( e.g. : all G4 Members).
Opposition procedures	18 month	------	None (but period for voluntary comments available).
Effects	For non-participating Members which have not opposed the registration of GI registration : Irrebuttable presumption that the relevant GI : 1. is a GI in accordance with definition of Art 22.1 TRIPs 2. is not a generic 3. does not falsely represent to the public the true origin of the goods ( 22.4). Obligation to notify information on trademarks. For participating *Members which have not opposed the registration: idem* for non-participating Members plus the** rebuttable presumption that the GI is eligible for protection.	1.1. (to be elaborated by proponents) : ( TN/IP/W/10 of 9 March 2005, p. 4, Par. 5 and 6.) For participating Members: "commitment to ensure that its procedures include the provision to consult the Database when making decisions on registration and protection of trademarks and GI for wines and spirits in accordance with domestic law ". For non participating Members : "Members are encouraged, but are not obliged, to consult the Database in making decisions under their domestic law involving registration or protection of trademarks and GI for wines and spirits ."	For non-participating Members: obligation to consult the Register when making decisions on registration and protection of trademarks and GI in accordance with domestic law. For participating Members : idem for non-participating Members plus the rebuttable presumptions that the relevant GI : 1. is a GI in accordance with definition of Art 22.1 TRIPS; 2. is not a generic; 3. does not falsely represent to the public the true origin of the goods ( 22.4).

In Hong Kong proposal, a registered GI would be treated less favorably in terms of protection compared to the EU proposal. Besides, the protection would only be accorded in members choosing to participate in the system.

On the establishment of multilateral register for wines and spirits India expects that the register should be open for all GIs, including for products other than wines and spirits. It is considered that a multilateral register could mean undertaking an obligation, which would involve an excessive financial burden, and the need to create additional infrastructure, inspection agencies, developing technical expertise etc. Therefore, India position on the issue of maintaining the GI Register is to delay the Register as much as possible and extend coverage to all products