TNIPW8摘譯--MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION OF GEOGRAPHICAL INDICATIONS UNDER ARTICLE 23.4 OF THE TRIPS AGREEMENT
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- 2003/10/15
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World Trade
Organization TN/IP/W/8
23 April 2003 (03-2166) Council for Trade-Related Aspects
of Intellectual Property Rights
Special Session Original: English
文件代號: TN/IP/W/8
文件名稱: TRIPS協定地23.4條產地標示之註冊與通知之多邊體系
登陸時間: 2003年4月23日
提出國: 中國香港
摘譯: 香港對酒類的產地標示之註冊與通知之多邊體系的建立提出一替代模式，以及其效果與法律規範。
multilateral system of notification and registration of geographical indications under article 23.4
of the trips agreement
Communication from Hong Kong, China
The following communication was received on 17 April 2003 from the Hong Kong Economic and Trade Office with the request that it be circulated to the Special Session of the Council for TRIPS.
_______________
Introduction
Article 23.4 of the TRIPS Agreement provides that, in order to facilitate the protection of geographical indications for wines, negotiation shall be undertaken in the Council for TRIPS concerning the establishment of a multilateral system of notification and registration of geographical indications for wines eligible for protection in those Members participating in the system. According to the Doha Development Agenda, Members shall negotiate the establishment of the multilateral system for wines and spirits by the Fifth Session of the Ministerial Conference.
Negotiation has taken place for the above purpose, but, up to now, there are still divergent views on a number of issues. The note by the Chair (JOB(03)/60, dated 20 March 2003), sets out a number of elements for further discussion. This paper sets forth Hong Kong, China's proposals regarding:
(i)
the mechanism of the system of notification and registration
;
(ii)
its legal ef
fect; and
(iii) participation
.
Purpose
The purpose of this paper is to put forward an alternative model for the establishment of a multilateral system of notification and registration of geographical indications for wines and spirits under Article 23.4 of the TRIPS Agreement. It is recognized that:
(i) the purpose of the multilateral system under