V. Geographical Indications

The TRIPS Agreement leaves it to the Members to determine the legal form for the protection of geographical indications (GIs). In practice various means are utilized, including laws on business practices (e.g. on unfair competition and consumer protection), trademark law (including through certification or collective marks), and sui generis systems specifically set up to protect GIs.

Article 22 of TRIPS defines a standard level of protection for all products; Article 23 provides an enhanced level of protection for GIs for wines and spirits; and Article 24 provides the exceptions to the protection, for instance, in relation to terms that have become generic and priority trademark rights. Article 23.4 requires Members to negotiate a multilateral system of notification and registration of GIs for wines, later extended to spirits. Pursuant to paragraph 18, first sentence of the Doha Declaration, negotiations have taken place in a negotiating group called the Special Session of the Council for TRIPS. The "extension" of the enhanced protection of wine and spirit GIs to GIs for other products has been discussed outside that negotiating group: Members are divided about whether or not there is a mandate for discussing "extension".

1. Negotiations on a Multilateral System of Notification and Registration of Geographical Indications for Wines and Spirits

• Side-by-Side Presentation of Proposals — Note by the Secretariat — Addendum — Compilation of Points Raised and Views Expressed on the Proposals (TN/IP/W/12/Add.1 and TN/IP/W/12/Corr.1)

• Multilateral System of Notification and Registration of Geographical Indications under Article 23.4 of the TRIPS Agreement — Communication from Hong Kong, China (TN/IP/W/8)

• Proposed Draft TRIPS Council Decision on the Establishment of a Multilateral System of Notification and Registration of Geographical Indications for Wines and Spirits — Submission by Argentina, Australia, Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Israel, Japan, Korea, Mexico, New Zealand, Nicaragua, Paraguay, South Africa, Chinese Taipei and the United States (TN/IP/W/10/Rev.4) — the 'Joint Proposal'.

• Draft Modalities for TRIPS-Related Issues — Communication from Albania, Brazil, China, Colombia, Croatia, Ecuador, the European Communities, Georgia, Iceland, India, Indonesia, the Kyrgyz Republic, Liechtenstein, the Former Yugoslav Republic of Macedonia, Moldova, Pakistan, Peru, Sri Lanka, Switzerland, Thailand, Turkey, the ACP Group and the African Group (TN/C/W/52 and Add.1, Add.2, Add.3)

• Multilateral System of Notification and Registration of Geographical Indications for Wines and Spirits — Report by the Chairman (TN/IP/21)

2. “Extension” of Article 23.1 GI protection to products other than wines and spirits

• Issues Related to the Extension of Geographical Indications Provided for in Article 23 of the TRIPS Agreement to Products Other than Wines and Spirits — Compilation of Issues Raised and Views Expressed — Note by the Secretariat (WT/GC/W/546 — TN/C/W/25)

• Issues Related to the Extension of the Protection of Geographical Indications Provided for in Article 23 of the TRIPS Agreement to Products Other than Wines and Spirits and those Related to the Relationship between the TRIPS Agreement and the Convention on Biological Diversity — Report by the Director-General (WT/GC/W/591 — TN/C/W/50); (WT/GC/W/633 — TN/C/W/61)

3. Article 24.2 Review

• Review under Article 24.2 of the Application of the Provisions of the Section of the TRIPS Agreement on Geographical Indications — Summary of the Responses to the Checklist of Questions (IP/C/13 and Add.1) — Note by the Secretariat (IP/C/W/253/Rev.1)