. /.WORLD TRADE
ORGANIZATIONTN/IP/5
28 February 2003
(03-1196)
Council for Trade-Related Aspects
of Intellectual Property RightsSpecial Session
FIFTH SPECIAL SESSION OF THE COUNCIL FOR TRIPS
Report by the Chairman, Ambassador Eui-yong Chung,
to the Trade Negotiations Committee
I. STATUS OF WORK
1. The Special Session of the Council for TRIPS held its fifth meeting on 21 February 2003 on
the basis of the agenda set out in WTO/AIR/2024.  The agenda items were:  negotiation of the
establishment of a multilateral system of notification and registration of geographical indications forwines and spirits;  observer status for intergovernmental organizations;  and other business.
2. Discussions regarding the first agenda item were structured along the headings of the WTO
Secretariat's factual compilation of issues raised and points made by delegations so far (TN/IP/W/7),
which in turn reflected the points identified in the earlier Chairman's List of Points and Issues for
Discussion (JOB(02)/49):  definition of the term "geographical indications" and eligibility ofgeographical indications for inclusion in the system;  the purpose of the notification and registration
system;  what is meant by a "system of notification and registration" (procedures, costs, possible role
of the Secretariat);  and participation.  The purp ose of the discussion was to seek to advance the
substance of the negotiations pursuant to the Special Session's mandate, using the factual compilation
as a means for reference to issues raised and points made so far in the communications and
interventions.  The discussion was extensive and, in spite of some repetition of positions, there were
useful comments, suggestions and new ideas on various points.  It was agreed that, on the basis of thepoints made, including those to be received by 15 March  2003, a revised version of the factual
compilation would be circulated.  The International Bureau of WIPO was invited to be represented in
an expert capacity in the discussions on the third set of issues.
3. With regard to observer status for intergovernmental organizations, there were no
developments.
II. OUTSTANDING ISSUES
4. Positions remain quite divided.  Although there are points where some common ground might
exist, such as the mechanics of notification, there are others where the differences are more profound
such as opposition, legal effect of registration and participation.
III. FUTURE WORK
5. The Chairman recalled that the Special Session had a mandate to negotiate the establishment
of a multilateral system by the Fifth Session of the Ministerial Conference,  It would therefore be
necessary for the Special Session to step up considerably the intensity of the work.  With this in mind,
the Chairman indicated that he intended to have intensive consultations in the weeks following theTN/IP/5
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fifth Special Session with delegations in a variety of formats, it being understood that transparency of
this process would be ensured with open-ended meetings whenever necessary.
6. The Chairman expressed the hope that what would emerge from these consultations would be
guidance on the negotiating text that he would, if necessary, be prepared to put on the table on his
own responsibility and without prejudice to the outcome of the negotiations.  It continued to be hisintention to make this text available in good time prior to the next meeting of the Special Session (24-
25 April 2003).  He took note of the comments made on the timing of such a text:  some delegations
cautioned against premature circulating of the text, while others asked that the text be tabled in the
first half of March 2003.
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