./.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/138
19 April 1999
(99-1536)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
COMMUNICATION FROM THE DIRECTOR-GENERAL OF THE
INTERNATIONAL VINE AND WINE OFFICE (IWO)
The following communication, dated 7 April 1999, was received by the Director-General
from the Director-General of the International Vine and Wine Office (IWO).
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The IWO has been monitoring very closely and with some alarm developments with regard to
the vine and wine industry on the Internet, which is  expanding rapidly world-wide.  This subject will
be dealt with under a special section at the 24th World Vine and Wine Conference scheduled to take
place in Mainz from 5 to 9 July 1999.
A recent study has revealed that a large number of domain names (.com) corresponding to
appellations of origin and geographical indications of wine products and names of varieties have beendeposited, in the complete absence of any link betw een the depositors and the real owners of the
rights connected to these distinctive signs.
I recall that the International Arrangement of 29 November 1924 creating the IWO made it
responsible for protecting appellations of origin.
In 1992, the IWO drew up definitions of the recognized appellation of origin and the
recognized geographical indication (Resolution Eco 2/92) for wine products, these definitions falling
within the scope of the broader definition of geographical indication referred to in the TRIPS
Agreement.  Moreover, in a resolution adopted in 1994 (Eco 4/94), the IWO underscored the need to
grant equivalent protection to geographical indications and trademarks of wine products.
I have also noticed that the domain names OIV.COM or OIV.NET (as well as wipo.com or
wto.com) have been registered by persons sometimes offering these sites for sale or rental.  The
application of Article 6 ter of the Paris Convention for the Protection of Industrial Property of
20 March 1883 prohibiting the registration as trademarks of State emblems, official hallmarks and the
emblems of international organizations should be extended to domain names as well.  Thedenomination, acronym and emblem of the IWO were  deposited with WIPO pursuant to Article 6 ter
(Note WIPO C-4843-551 of 18 July 1988).
In the circumstances, the IWO cannot accept the appropriation or reservation for private
purposes of names covered by special intellectual property regulations and therefore requestsprotection equivalent to that given to trademarks, whether for domain names corresponding to a
geographical indication or for the name "IWO".IP/C/W/138
Page 2
I thank you for your attention to this matter and your response in that connection.
Enclosures: Several examples in this regard.  (Châteauneuf du Pape, Cognac, Chianti, Retsina,
Rioja, Sherry, Barossa, Napa-Valley, OIV).1
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1 Interested delegations may consult the enclosures to the communication from the IWO Director-
General at the Secretariat (Office 3012).