MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION OF GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS

Report by the Chairman, Ambassador Alfredo Suescum (Panama)

1.  I present this report on my own responsibility and without prejudice to the position of delegations or to the outcome of negotiations 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.

2.  Since my last written report, circulated as document _TN/IP/30 on 15 November 2021, there has been little activity in the TRIPS negotiations on the GI register. I have held informal individual consultations with principal delegations to hear their thoughts on how and if the Special Session might proceed in fulfilling its mandate.

3.  In these consultations, I reminded all delegations that moving forward would require significant efforts to overcome persistent disagreements on substantive and procedural issues in the GI register negotiations. Beyond these threshold issues, I once again encouraged evolution from the long-held unchanged positions that have resulted in the current impasse by prompting delegations to reflect on how, when and where they might usefully engage to achieve their objectives within the Special Session's mandate.

4.  Particularly I asked delegations whether they had engaged recently, in more than a general manner, with specific suggestions with the other side. I asked also whether they were ready, with any novel ideas, to restart the substantive work of the Special Session.

5.  From these consultations, I understand that none of the delegations has engaged with others on any specific suggestions, and no novel ideas were put forward on how to advance the work of the Special Session.

6.  Delegations supporting the modalities proposal in document _TN/C/W/52 reiterated the importance they place on the GI register and indicated their willingness to reflect on the overall situation. One reiterated its view that the issues of the GI register and TRIPS-CBD were linked, citing particularly developments in discussions in WIPO on the protection of genetic resources. Delegations supporting the Joint Proposal contained in document _TN/IP/W/10/Rev.4 reiterated their position that the Special Session should respect its negotiating mandate. The delegation proposing a compromise contained in document _TN/IP/W/8 indicated that they would revisit the proposal to bridge the gap between the delegations.

7.  Additionally, the delegations did not see the current negotiating environment as conducive to any substantive engagement. They considered the current discussions under paragraph 8 of the Ministerial Decision on the TRIPS Agreement to be a much higher priority, and thus felt there was no urgency in retaking substantive work in the Special Session.

8.  All this shows that there has been very little if any evolution in Members' positions on either substantive or procedural issues on the GI register negotiations. Members' willingness to engage substantively in the TRIPS Special Session remains scant, at least until after the current discussion on paragraph 8 of the Ministerial Decision on the TRIPS Agreement.

9.  I had envisioned convening an informal open-ended meeting to report on these consultations and to provide an opportunity for other delegations to share their thoughts on the work of the Special Session. However, given all that I have reported today, I have concluded that the moment is not ripe, and instead make myself available after delivering this report to meet with any delegation that may wish to do so.

10.  It remains my hope that delegations will eventually return to substantive discussion in the TRIPS Special Session and work towards a multilateral conclusion of its mandate. As always, I stand ready to help them once they do.

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