./.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/GC/W/206
14 June 1999
(99-2386)
General Council Original:  English
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Agreement on TRIPS
Extension of the Additional Prot ection for Geographical Indications
to Other Products
Communication from the Czech Republic
The following communication, dated 11 June 1999, has been received from the Permanent
Mission of the Czech Republic.
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I. BACKGROUND
1. Undeniable progress has been made in the international protection of geographical indications
by the conclusion of the TRIPS Agreement.  The inclusion of specific provisions on geographical
indications, which provide the protection for such indications against the use in a manner which
misleads the public as to the geographical origin of the good or constitutes an act of unfair
competition, and accord an absolute protection to some products even where the use was of such a
nature as to mislead the public as to the true place of origin, emerged as a reaction to concerns of anever greater number of countries to promote their goods which are fruits of their culture and
know-how and their unique blend of soil, water and climate.
2. The area of geographical indications was by no means an easy one to negotiate and some
important differences regarding the issue of national definitions of geographical indications and their
acquisition and enforcement in various WTO Members remain to be addressed.  Moreover, anadditional level of absolute protection as set out in Article 23 of the TRIPS Agreement was provided
only for geographical indications for wines and spirits, leaving other products of interest to other
WTO Members outside the scope of Article 23.  Thus, the scope and level of protection of
geographical indications for other identified products is not as comprehensive as the relevant products
would have deserved and there is, therefore, the need to enhance this protection.
3. To deal with the issue of the scope of Article 23, the Council for TRIPS agreed, in its
1996 Report endorsed by the Singapore Ministerial Conference, that WTO Members would have the
opportunity in the framework of the review of the application of the provisions of the section on
geographical indications as provided in Article 24:2 of the TRIPS Agreement to present inputs on the
issue of the scope of the protection of geographical indications.  It is in this context that a number ofWTO Members have been pursuing the issue of limitation of the higher level of protection under
Article 23 with a view to extending the additional protection also to products other than wines and
spirits, for example to specific foodstuffs and handicraft products.WT/GC/W/206
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4. From the Czech Republic's perspective, it has presented a strong interest in extending the
additional protection of geographical indications for beers which are particularly vulnerable to
imitation, counterfeit and usurpation and whose protection of such indications against consumer
deception is insufficient and trademark protection is not satisfactory due to its formal requirements
such as registration and the use requirement.
5. No significant progress has been made as yet with regard to the expansion of the additional
protection to products other than wines and spirits. In the light of the above, the Czech Republic is
making the following proposal.
II. PROPOSAL
6. Notwithstanding ongoing work in the TRIPS Council aiming at establishing multilateral
system of notification and registration to facilitate the protection of geographical indications and any
action which the TRIPS Council may take under Article 24:2, the Czech Republic proposes that theGeneral Council recommend to the 1999 Ministerial Conference that Ministers agree to continue the
work with a view to expanding the scope of Article 23 of the TRIPS Agreement and providing the
increased protection of geographical indications also to products other than wines and spirits.  Such
work should be completed within a given time-frame agreed by Ministers.
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