WORLD TRADE
ORGANIZATIONTN/IP/8
4 July 2003
(03-3613)
Council for Trade-Related Aspects
of Intellectual Property RightsSpecial Session
SPECIAL SESSION OF THE COUNCIL FOR TRIPS
Report by the Chairman, Ambassador Eui-yong Chung,
to the Trade Negotiations Committee
1. This report is submitted on the Chairman's responsibility.
I. ORGANIZATION OF WORK
2. On 1 February 2002, the Trade Negotiating Committee agreed that negotiations on the
establishment of a multilateral system of notification and registration of geographical indications for
wines and spirits under the TRIPS Agreement would take place in the Special Session of the Councilfor TRIPS ("the Special Session") (TN/C/M/1).  At its meeting of 13, 15 February and 1 March 2002,
the General Council took note of the consensus regarding the appointment of officers to WTO bodies
(WT/GC/M/73, paragraphs 55 and 77).
3. The mandate of the Special Session is set out in paragraph 18 of the Doha Ministerial
Declaration, which reads as follows:
"18. With a view to completing the work started in the Council for Trade-Related
Aspects of Intellectual Property Rights (Council for TRIPS) on the implementation of
Article 23.4, we agree to negotiate the establishment of a multilateral system of
notification and registration of geographical indications for wines and spirits by the
Fifth Session of the Ministerial Conference. …"
4. The Special Session met in formal meetings on 8 March, 28 June, 20 September, and
28 November 2002, and on 21 February, 29-30 April, and 2-3 July 2003.  The Chairman made areport of each formal meeting to the TNC (TN/IP/1 -7).  The minutes of the first six meetings are
contained in documents TN/IP/M/1-6.  The Chairman has also held a number of informal
consultations, either in an open-ended mode or in other formats.
5. At its meetings to date, the Special Session's agenda has been structured around the following
items:  negotiation of the establishment of a multilateral system of notification and registration ofgeographical indications for wines and spirits;  observer status for intergovernmental organizations;
and other business.
6. Independently of the question of observer status for intergovernmental organizations, the
International Bureau of the World Intellectual Property Organization (WIPO) has been invited to be
represented, in an expert capacity, for certain discussions regarding the "mechanics" of the system tobe established, including such matters as procedures for notification, opposition and registration.
7. The work in the Special Session unfolded along the main lines set out by the Chairman in the
"roadmap" that he suggested to participants in th e negotiations at the first formal meeting and which
consisted of two phases:  a first phase, from March 2002 to the beginning of 2003, to be based on
discussions, ideas and proposals already put forward by delegations as well as new ones, with a viewTN/IP/8
Page 2
to clarifying options;  and a second phase, in which the Special Session would work on a common
negotiating basis containing a single set of provisions for the various areas where there might be a
sufficient degree of commonality of position and which would identify options, in regard to areas
where significant differences would remain.
8. To facilitate the first phase, the Chairman circulated in June 2002, on his own responsibility, a
List of Points and Issues for Discussion (JOB(02)/49)  in order to assist in structuring the discussions.
Four categories of issues and points were identified:  definition of the term "geographical indications"
and eligibility of geographical indications for inclusion in the system;  the purpose of the notification
and registration system;  what is meant by a "system of notification and registration";  and
participation.  The Special Session's discussions at its second through fourth meetings were structured
around these categories of issues.  The issues raised and points made are reflected in the minutes of
the meetings (document TN/IP/M/- series), and we re summarized by the Secretariat in a compilation
of issues and points for the fifth meeting (February 2003) (TN/IP/W/7, subsequently updated as
TN/IP/W/7/Rev.1 and Corr.1 to reflect comments and further developments).  The main proposals on
the table were:  IP/C/W/107/Rev.1 (communication from the European Communities);  IP/C/W/255
(communication from Hungary);  TN/IP/W/3 (com munication from Bulgaria, Cyprus, the Czech
Republic, the European Communities and their member States, Georgia, Hungary, Iceland, Malta,Mauritius, Moldova, Nigeria, Romania, the Slovak Republic, Slovenia, Sri Lanka, Switzerland and
Turkey);  TN/IP/W/5 (communication from Argentin a, Australia, Canada, Chile, Colombia, Costa
Rica, Dominican Republic, Ecuador, El Salvad or, Guatemala, Honduras, Japan, Namibia, New
Zealand, the Philippines, Chinese Taipei and th e United States);  and TN/IP/W/6 (communication
from Argentina, Australia, Canada, Chile, New Zealand and the United States).  Subsequently, aproposal was received from Hong Kong, China (TN/IP /W/8).  (A complete li st of the documentation
of the Special Session as of the date of this report is annexed.)
9. Following the February formal meeting, and in order to initiate the second phase of his
roadmap, the Chairman held, with the aid of an Elements/Options paper (JOB(03)/60) that he had
prepared on his own responsibility, intensive informal  consultations with a view to obtaining guidance
on the preparation of a negotiating text that he would, if necessary, be prepared to put on the table on
his own responsibility.
10. On the basis of the discussions held on the Elements/Options paper and the written and oral
proposals on the table, the Chairman put forward, pr ior to the April 2003 formal meeting, a "Draft
Text of Multilateral System of Notification and Registration of Geographical Indications for Wines
and Spirits" (JOB(03)/75).  This was done on his own responsibility and without prejudice to the
position of any delegation.  While making it clear that no degree of acceptance was implied, the DraftText proposed a single set of provisions on some matters such as procedures for notification, and
options reflecting the different positions of delegations on other matters, such as international
mechanisms for settling differences, the legal effects of the registration of a geographical indication
and participation by Members in the system to be established.
1  The Draft Text was extensively
discussed at the April formal meeting.  The discussion has been reflected in TN/IP/M/6.
11. Following the April meeting, the Chairman undertook informal consultations in order to
assess whether there was sufficient flexibility to warrant him circulating a new draft text prior to the
July formal meeting.  Based on those informal consultations, the Chairman informed participants that
it was his appreciation that, in the light of the curren t state of the negotiations in the area and of the
Doha Development Agenda as a whole, delegations did not as yet feel in a position to be sufficientlyflexible in their positions, in particular with regard to the two key issues of legal effects and
participation, to warrant him tabling a new draft text  for the July meeting.  Therefore, the Special
Session continued at that meeting discussion on the basis of the Draft Text contained in JOB(03)/75.
                                                     
1  The Draft Text does not cover the Hong Kong, China proposal (TN/IP/W/8), which was tabled after
JOB(03)/75.TN/IP/8
Page 3
II. OUTSTANDING ISSUES
12. Other than the issue of observer status for intergovernmental organizations – a question with
horizontal implications – there are no outstanding procedural issues in the Special Session at this time.
13. As far as substance is concerned, positions remain divided on many issues, in particular with
regard to the key issues of the international m echanisms for settling differences, legal effects and
participation.  While considerable headway has been made in finding common ground on some
aspects and clarifying options on others, further work is required on the key issues as well as a
number of more detailed aspects, such as notification, the form of the register and its contents,
modifications of notifications and registrations, withdrawals, fees and costs, contact points and
administering body.
III. FUTURE WORK
14. The Doha mandate of the Special Session is to complete the negotiation of the establishment
of a multilateral system of notification and registration of geographical indications for wines and
spirits by the Fifth Session of the Ministerial Conference.  Given the current status of the negotiations,
it will be necessary to provide for the continuation of the negotiating process in the remaining period
before Cancun.  In this process, it will be necessary to determine the level of ambition within the
mandate which is acceptable to all sides, especially as regards legal effects and participation, and tofinalize the more technical aspects concerning the multilateral system.TN/IP/8
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ANNEX
LIST OF DOCUMENTS OF THE SPECIAL SESSION OF THE COUNCIL FOR TRIPS
(1997-2003)
Document
SymbolCommunication
fromTitle Distribution Date
2003
TN/IP/7 Chairman Seventh Session of the Council for TRIPS
Report by the Chairman, Ambassador
Eui-yong Chung, to the Trade
Negotiations Committee4 July 2003
TN/IP/M/6 Secretariat Minutes of the meeting of
29-30 April 20031 July 2003
TN/IP/W/Rev.1/
Corr.1Secretariat Corrigendum 20 June 2003
JOB(03)/123 European
CommunitiesNon-paper – Legal Effects 25 June 2003
TN/IP/W/7/Rev.1 Secretariat Discussions on the Establishment of a
Multilateral System of Notification And
Registration of Geographical Indications
for Wines And Spirits:  Compilation of
Issues and Points23 May 2003
TN/IP/6 Chairman Sixth Session of the Council for TRIPS
Report by the Chairman, AmbassadorEui-yong Chung, to the Trade
Negotiations Committee5 May 2003
JOB(03)/75 Chairman Draft Text of Multilateral System of
Notification and Registration of
Geographical Indications for Wines and
Spirits16 April 2003
TN/IP/M/5 Secretariat Minutes of the meeting of 21 February
200328 April 2003
TN/IP/W/8 Hong Kong, China Multilateral System of Notification and
Registration of Geographical Indications
Under Article 23.4 of the TRIPSAgreement23 April 2003
JOB(03)/76 European
CommunitiesTraditional Expressions 23 April 2003
JOB(03)/75 Chairman Draft Text of Multilateral System of
Notification and Registration of
Geographical Indications for Wines and
Spirits16 April 2003
JOB(03)/60 Chairman Multilateral System of Notification and
Registration of Geographical Indications
for Wines and Spirits:  Possible
Elements/Options20 March 2003
JOB(03)/51 Australia Traditional Expressions 6 March 2003
TN/IP/5 Chairman Fifth Session of the Council for TRIPS
Report by the Chairman, Ambassador
Eui-yong Chung, to the TradeNegotiations Committee28 February 2003TN/IP/8
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Document
SymbolCommunication
fromTitle Distribution Date
TN/IP/W/7 Secretariat Discussions on the Establishment of a
Multilateral System of Notification and
Registration of Geographical Indications
for Wines and Spirits:  Compilation ofIssues and Points18 February 2003
TN/IP/M/4 Secretariat Minutes of the Meeting of
28 November 20026 February 2003
2002
TN/IP/4 Chairman Fourth Session of the Council for TRIPS
Report by the Chairman, Ambassador
Eui-yong Chung, to the Trade
Negotiations Committee4 December 2003
TN/IP/W/4/Add.1 Secretariat Multilateral Notification and Registration
Systems – Addendum27 November 2002
TN/IP/W/6 Argentina,
Australia, Canada,
Chile, New Zealand
and the United
StatesMultilateral System of Notification and
Registration of Geographical Indications
for Wines (and Spirits)29 October 2002
TN/IP/W/5 Argentina,
Australia, Canada,
Chile, Colombia,Costa Rica,
Dominican
Republic, Ecuador,
El Salvador,
Guatemala,Honduras, Japan,
Namibia, New
Zealand, the
Philippines,
Chinese Taipei andthe United StatesProposal for a Multilateral System for
Notification and Registration of
Geographical Indications for Wines andSpirits Based on Article 23.4 of the
TRIPS Agreement23 October 2002
TN/IP/M/3 Secretariat Minutes of the Meeting of
20 September 200221 October 2002
TN/IP/3 Chairman Third Session of the Council for TRIPS
Report by the Chairman, Ambassador
Eui-yong Chung, to the Trade
Negotiations Committee30 September 2002
TN/IP/W/4 Secretariat Multilateral Notification and Registration
Systems18 September 2002
TN/IP/M/2 Secretariat Minutes of the Meeting of 28 June 2002 26 August 2002
JOB(02)/94 Australia Intervention Made by the Delegation of
Australia at the Special Session of
28 June 200226 July 2002TN/IP/8
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Document
SymbolCommunication
fromTitle Distribution Date
TN/IP/2 Chairman Second Session of the Council for TRIPS
Report by the Chairman, Ambassador
Eui-yong Chung, to the Trade
Negotiations Committee9 July 2002
TN/IP/W/3 Bulgaria, Cyprus,
the CzechRepublic, the
European
Communities and
their member
States, Georgia,Hungary, Iceland,
Malta, Mauritius,
Moldova, Nigeria,
Romania, the
Slovak Republic,Slovenia, Sri
Lanka, Switzerland
and Turkey
2Negotiations Relating to theEstablishment of a Multilateral System ofNotification and Registration of
Geographical Indications24 June 2002
JOB(02)/70 The European
Communities and
their member StatesNegotiations Relating to the
Establishment of a Multilateral System of
Notification and Registration of
Geographical Indications – Issues forDiscussion at the Special Session of the
TRIPS Council of 28 June 2002 –
Informal Note24 June 2002
JOB(02)/49 Chairperson List of Poin ts and Issues for Discussion at
the June 2002 Meeting4 June 2002
JOB(02)/44 The European
Communities and
their member StatesHow to Achieve a Focused and Structured
Agenda to Negotiate the Establishment of
a Multilateral System of Notification and
Registration28 May 2002
TN/IP/1 Chairman First Session of the Council for TRIPS
Report by the Chairman, AmbassadorEui-yong Chung, to the Trade
Negotiations Committee12 April 2002
TN/IP/W/2 United States Issues for Discussion in the Negotiation
Under Article 23.410 April 2002
TN/IP/W/1 United States Questions and Answers – Comparison of
IP/C/W/107/Rev.1 ("EC Proposal"),
IP/C/W/133/Rev.1 ("Joint Proposal"),
IP/C/W/255 ("Proposal by Hungary")9 April 2002
TN/IP/M/1 Secretariat Minutes of the Meeting of 8 March 2002 22 March 2002
2001
IP/C/M/33 Secretariat Minutes of the Meeting of
19-20 September 20012 November 2001
IP/C/M/32 Secretariat Minutes of the Meeting of
18-22 June 200123 August 2001
IP/C/M/30 Secretariat Minutes of the Meeting of 2-5 April 2001 1 June 2001
                                                     
2 For Estonia see document TN/IP/M/2, para. 21.TN/IP/8
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Document
SymbolCommunication
fromTitle Distribution Date
IP/C/W/259 The European
Communities and
their member StatesEstablishment of a Multilateral System of
Notification and Registration of
Geographical Indications Under
Article 23.4 of the TRIPS Agreement –Comparative Table of the Main Proposals
Submitted to Date31 May 2001
IP/C/W/260 The European
Communities and
their member StatesEstablishment of a Multilateral System of
Notification and Registration of
Geographical Indications under
Article 23.4 of the TRIPS Agreement -
Comments on the Proposal JointlySubmitted by Canada, Chile, Japan and
the United States (IP/C/W/133/Rev.1)30 May 2001
IP/C/W/255 Hungary Incorporation of Elements Raised by
Hungary in IP/C/W/234 into the Proposal
by the European Communities and their
member States on the Establishment of a
Multilateral System of Notification andRegistration of Geographical Indications3 May 2001
IP/C/M/29 Secretariat Minutes of the Meeting of 27-30
November and 6 December 20006 March 2001
2000
IP/C/W/234 Hungary Opposition/Challenge Procedure in the
Multilateral System of Notification and
Registration of Geographical Indications11 December 2000
IP/C/M/28 Secretariat Minutes of the Meeting of
21-22 September 200023 November 2000
IP/C/M/27 Secretariat Minutes of the Meeting of
26-29 June 200014 August 2000
IP/C/W/189 New Zealand New Zeala nd's System of Protection for
Geographical Indications and theMultilateral Notification and Registration
System for Geographical Indications
Under Article 23.4 of the TRIPS
Agreement22 June 2000
IP/C/W/107/Rev.1 The European
Communities and
their member StatesImplementation of Article 23.4 of the
TRIPS Agreement Relating to the
Establishment of a Multilateral System ofNotification and Registration of
Geographical Indications - Revision22 June 2000
IP/C/M/26 Secretariat Minutes of the Meeting of 21 March 2000 24 May 2000
1999
IP/C/M/25 Secretariat Minutes of the Meeting of
20-21 October 199922 December 1999
IP/C/M/24 Secretariat Minutes of the Meeting of 7-8 July 1999 17 August 1999
IP/C/W/133/Rev.1 Canada, Chile,
Japan and the
United StatesProposal for a Multilateral System for
Notification and Registration of
Geographical Indications for Wines and
Spirits Based on Article 23.4 of theTRIPS Agreement26 July 1999
IP/C/M/23 Secretariat Minutes of the Meeting of
21-22 April 19992 June 1999TN/IP/8
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Document
SymbolCommunication
fromTitle Distribution Date
IP/C/M/22 Secretariat Minutes of the Meeting of
17 February 19999 April 1999
IP/C/W/134 United States Suggested Method for Domestic
Recognition of Geographical Indications
for WTO Members to Produce a List of
Nationally-protected GeographicalIndications11 March 1999
IP/C/W/133 Japan and the
United StatesProposal for a Multilateral System for
Notification and Registration of
Geographical Indications for Wines and
Spirits Based on Article 23.4 of the
TRIPS Agreement11 March 1999
IP/C/M/21 Secretariat Minutes of the Meeting of
1-2 December 199822 January 1999
1998
IP/C/M/20 Secretariat Minutes of the Meeting of
17 September 199815 October 1998
IP/C/M/19 Secretariat Minutes of the Meeting of 16 July 1998   5 August 1998
IP/C/W/107 The European
Communities and
their member StatesProposal for a Multilateral Register of
Geographical Indications for Wines and
Spirits Based on Article 23.4 of the
TRIPS Agreement – Establishment of the
Register and Registration Procedure28 July 1998
IP/C/M/18 Secretariat Minutes of the Meeting of 12 May 1998 11 June 1998
IP/C/M/17 Secretariat Minutes of the Meeting of
24 February 199823 March 1998
1997
IP/C/M/16 Secretariat Minutes of the Meeting of
17-21 November 1997  5 December 1997
IP/C/W/85 Secretariat Overview of Existing International
Notification and Registration Systems for
Geographical Indications Relating to
Wines And Spirits17 November 1997
IP/C/M/15 Secretariat Minutes of the Meeting of
19 September 199715 October 1997
IP/C/M/14 Secretariat Minutes of the Meeting of 15 July 1997 15 August 1997
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