RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/114
26 October 1998
(98-4157)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
QUESTION POSED BY BRAZIL ON THE PROTECTION OF
GEOGRAPHICAL INDICATIONS IN THE EUROPEAN COMMUNITIES
Response from the European Communities and their Member States
At the meeting of the Council for TRIPS of 12 May 1998, Brazil asked the delegation of the
European Communities what had been the criterion used by the European Commission to elaborate
the lists of countries shown in Regulation (EC) 1472/97, especially taking into account that thetransition period of Article 65.2 of the TRIPS Agreement was in force for a number of the countries
included in the said lists.
1
By means of a communication, dated 20 October 1998, the following response has been
received from the European Communities and their Member States.
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The criterion used by the European Commission to elaborate the lists of countries shown in
Annex II of Regulation (EEC) No. 3201/902, laying down detailed rules for the description and
presentation of wines and grape musts as la st amended by Regulation (EC) No. 847/983 are
established in Article 29(1) of Regulation (EEC) No. 2392/894 laying down general rules for the
description and presentation of wines and grape musts, last amended by Regulation
(EC) No. 1427/965.
Third countries wishing to export to the European Union wines described by means of a
geographical description and therefore wishing to be included in Annex II of Regulation (EEC)
No. 3201/90 must introduce a demand and submit to the Commission (or notify to the WTO) their
legislation about geographical indications.  The Commission will analyse this legislation in the lightof Article 29 of Regulation (EEC) No. 2392/89.
Third countries included in the above-mentioned Annex are classified in three groups:
(a) WTO Member countries which have notified their legislation on geographical
descriptions pursuant to Article 63.2 of the TRIPS Agreement.
                                                     
1 Document IP/C/M/18, paragraph 49.
2 O.J. No. L 309, 8 November 1990, p.1.
3 O.J. No. L 120, 23 April 1998, p.14.
4 O.J. No. L 232, 9 August 1989, p.13.
5 O.J. No. L 184, 24 July 1996, p.3.    . /.IP/C/W/114
Page 2
(b) WTO Member countries invoking the transitional provisions of Article 65.2 of the
TRIPS Agreement which have submitted their legislation on geographical description
to the Commission.  (Once WTO Member countries in group 2 have notified their
legislation on geographical descriptions, they will be moved to group 1 of the above-
mentioned Annex).
(c) Third countries which are not Members of the WTO which have submitted their
legislation on geographical indications to the Commission.
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