MULTILATERAL SYSTEM OF NOTIFICATION AND
REGISTRATION OF GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS
Report by the Chairman, Ambassador Dacio Castillo (Honduras)
1. This report on the negotiations on the establishment of a
multilateral system of notification and registration of geographical
indications (GIs) for wines and spirits ("GI Register") in the
Special Session of the Council for TRIPS is submitted on my own responsibility
and is without prejudice to the positions of delegations and to the outcome of
the negotiations.
2. Since my last written report circulated on 3 December 2015 as
document TN/IP/23, there has been limited activity in the context of the TRIPS
Special Session. In this period, I have detected no substantial developments in
Members' approaches to the substance or the process of the GI Register
negotiations.
3. In the course of the past year, I have held a number of informal
conversations with individual delegations. On 8 June, I held informal group
consultations with the most active Members of the Joint Proposal Group and the
supporters of TN/C/W/52. I reported on these consultations to the wider
membership in an informal open-ended meeting of the TRIPS Special Session on 11 July 2016.
After further informal contacts I held another informal group consultation with
the same group of delegations on 5 December 2016.
4. In those meetings and consultations, I reminded delegations that the
time since the Nairobi Ministerial was passing quickly, reiterating the
Director-General's call to "move from reflection to action" and to
turn their minds "towards identifying concrete outcomes for the 11th
Ministerial Conference." Against that background, I asked delegations how
they saw the GI Register in the context of the overall landscape of WTO
negotiations, what procedural approach would be most useful to advance the work
of the TRIPS Special Session, and whether any initiative by the Chair or the
Secretariat might be considered useful to progress the issue.
5. In response to these questions, delegations have largely reiterated
known, well established positions. The delegations speaking in support of
TN/C/W/52 recalled Members' commitment in the Nairobi Ministerial Declaration
to advance work on TRIPS, and confirmed the continued relevance of their W/52
alliance. They reiterated the importance they attach to the three TRIPS issues
(the GI Register, and the implementation issues of GI extension and TRIPS/CBD).
Some argued that these should be discussed together and in parallel in the
TRIPS Special Session, which had an important role to play in negotiations. Many
of these delegations indicated their interest in exchanging experiences and
practices in national and international legislation on this issue in meetings
of the TRIPS Special Session, and to hold workshops and seminars in this regard
in 2017. While the current context is still seen as unfavourable to
negotiations in this area, a number of these delegations indicated that they
were considering new approaches and proposals for early 2017 in discussions
among themselves, with a view to preparing for the resumption of negotiations
in the TRIPS Special Session when this would be realistic and appropriate.
6. The delegations supporting the Joint Proposal reiterated their proposal
for a voluntary GI Register and emphasized that the TRIPS Special Session must
respect the mandate that is limited to a register for wine and spirit GIs. Some
argued that due to the divergence of views on the extent of the mandate there
was little likelihood for a realistic outcome in this area, and they were
therefore not in favour of intensifying work in the TRIPS Special Session, or
using this forum for exchanges of national experiences in this regard. Others also
recalled they did not see it as their role to make proposals or engage, in the absence
of any initiative from the other side. A number of delegations in this group
nevertheless declared themselves open to considering new ideas and proposals as
long as they could be confident that these would respect the mandate of the
TRIPS Special Session.
7. In light of the above, it is my assessment that the situation has
not evolved much since my report in December 2015. The traditional differences
on the substance and the scope of the negotiations continue to dominate the
habitual exchanges between the two groups, and delegations on both sides remain
hesitant to engage in substantive work in the TRIPS Special Session in the
context of the current overall negotiating landscape. I do, however, detect
increasing indications by delegations with an active interest in these
negotiations that they are considering to propose concrete new approaches and
ideas to overcome the deadlock of positions. I note that most delegations have
declared themselves open to consider such new proposals and ideas that can appropriately
be pursued in the TRIPS Special Session.
8. While the way forward is far from clear,
I nevertheless remain hopeful that a renewal of discussions in the New Year may
begin to rebuild trust in the TRIPS Special Session and, on that basis, may permit
delegations to make a realistic assessment of the prospects for a meaningful
outcome in the GI Register negotiations ahead of MC11.
9. Mindful of the approaching
Ministerial Conference in December 2017 and the tight schedule for any work to
be done next year, I will remain in contact with delegations and make every
effort to support initiatives that can advance the work
of this negotiating group after the winter break.
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