RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/107
28 July 1998
(98-2930)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
                  French
PROPOSAL FOR A MULTILATERAL REGISTER OF GEOGRAPHICAL INDICATIONS
FOR WINES AND SPIRITS BASED ON ARTICLE 23.4 OF THE TRIPS AGREEMENT
Communication from the European Communities and their Member States
By means of a communication, dated 15 July 1998, the following proposal for the
establishment of a multilateral register of geographical indications for wines and spirits has been
received from the European Communities and their Member States.
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MULTILATERAL REGISTER OF GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS
BASED ON ARTICLE 23.4 OF THE TRIPS AGREEMENT
Establishment of the Register and Registration Procedure
Under the terms of Article 23.4 of the TRIPS Agreement and the Singapore Ministerial
Declaration, negotiations shall be undertaken in the Council for TRIPS concerning the establishment
of a multilateral system of notification and registration of geographical indications for wines and
spirits, in order to facilitate their protection.
The European Communities and their Member States are putting forward the proposal
detailed below for discussion in the Council for TRIPS, with the aim of providing substantial
momentum for the negotiations. The suggested registration system is entirely based on the provisions
of the TRIPS Agreement and therefore imposes no additional obligations on WTO Members.
It is proposed that the negotiations for the establishment of a multilateral system of
registration of geographical indications deal initia lly only with wines and spirits. However, once the
system is up and running and experience of its use has been accumulated, it may then be opportune to
consider launching complementary discussions with the objective of extending the multilateral
register's coverage to other goods, in stages.IP/C/W/107
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MULTILATERAL REGISTER OF GEOGRAPHICAL INDICATIONS FOR WINES AND
SPIRITS BASED ON ARTICLE 23.4 OF THE TRIPS AGREEMENT
I. SUBMISSION
1. Members wishing to avail themselves of the registration facility may send applications to the
WTO Secretariat, and supply:
- a list of geographical indications which were currently already recognised and
protected in their country of origin (see Article 24.9 of the TRIPS Agreement), plus
the relevant legislation; and
- elements of proof of compliance with the definition of geographical indications given
in Article 22.1 of the TRIPS Agreement.
2. Members with geographical indications which were protected under regional or multilateral
agreements would also have to supply the WTO Secretariat with the agreements themselves and a list
of geographical indications registered under those agreements, in the interests of maximum
transparency.
II. NOTIFICATION
The WTO Secretariat is responsible for notifying all Members of the lists of names to be
protected, and evidence supplied to that effect.
III. OPPOSITION PROCEDURE
1. Members have one year in which to examine an application for registration made by other
Members.
2. Any Member may oppose another Member's application for the registration of a geographical
indication, supporting its arguments with evidence. Opposition would have to be based on reasons
contained in the TRIPS Agreement for refusing protection of another Member's geographical
indications (as listed below).
3. The following reasons provide grounds for refusing protection (provided that they are
substantiated and proven  by the Member challenging registration):
- the name failed to correspond with the definition in Article 22.1 of the TRIPS
Agreement;
- the absence of  protection in the country of origin (Article 24.9 of the TRIPS
Agreement);
- the exceptions given in Article 24.6 of the TRIPS Agreement; and- the cases covered by Article 22.4 of the TRIPS Agreement.
IV. NEGOTIATIONS BETWEEN THE PARTIES
In the case of homonymous geographical indications or prior use of trademarks, the WTO
Members concerned undertake to start negotiations with each other to seek agreement on the matter.IP/C/W/107
Page 3
The aim would be to ensure that the producers conc erned are treated equitably and that consumers are
protected against being misled.
V. LEGAL IMPLICATIONS
1. One year after notification by the WTO Secretariat, geographical indications will become
fully and indefinitely protected in all WTO Members. They will be responsible for taking theappropriate measures required by the TRIPS Agreement to effectively protect geographical
indications registered under the multilateral system in their territories.
2. If one or more Members submit a reasoned opposition to registration within the one year
referred to above,  they are under no obligation to protect the geographical indication(s) in question
until the dispute has been settled. An appropriate mechanism has to be devised to cope with such
situations in order to settle cases of potential disputes between opposing Members. To that effect, a
specific working paper should be drawn up as soon as possible, analysing the options for such amechanism.
3. If registration is refused and the refusal is confirmed by the appropriate mechanism within a
reasonable period of time, only a Member who ha d opposed the granting of protection and produced
evidence to support its opposition need not apply the principle of full and indefinite protection
referred to in paragraph 1 above.
VI. PUBLICATION
1. The WTO Secretariat is  responsible for publishing two definitive lists of geographical
indications (one for wines and one for spirits) granted protection under the multilateral registration
system one year after notification. The lists must also include a reference to the national legislation
under which each geographical indication is protected.
2. As other geographical indications are added to the lists, supplementary publications will
ensure regular updates of the multilateral register.
VII. FUTURE ALTERATIONS OF THE MULTILATERAL REGISTER
1. The multilateral register is open for the addition of new geographical indications for wines
and spirits. Every Member has the right to apply for registration of new geographical indications atany time, provided the conditions and procedures described above are respected.
2. Every Member can request the re-examination of an entry in the register at any time if the
geographical indication in question either ceases to be protected or has fallen into disuse in its country
of origin (Article 24.9 of the TRIPS Agreement).
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