TN/IP/2 4 
 
8 December  2016 
(16-6712) Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  
Special Session   
 
MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION OF GEOG RAPHICAL 
INDICATIONS FOR WINE S AND SPIRITS  
 
REPORT BY THE CHAIRM AN, AMBASSADOR DACIO CASTILLO (HONDURAS )  
1.  This report on the negotiations on the establishment of a multilateral system of notificat ion 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 o f 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' approa ches 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 consultation s with the most active Members o f 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 gr oup 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 refl ection to 
action" and to turn their minds "towards identifying concrete outcomes for the 11th Ministerial 
Conference." Against that background , I asked delegations how they s aw the GI R egister 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 T RIPS, 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 an d 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 the mselves, 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 emphasi zed 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 TN/IP/24  
 
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  therefore not in favour of intensifying work in the TRIPS Special Session, or using th is 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 S ession.  
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 activ e 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 appr opriately 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 b egin to rebuild trust in the TRIPS Special Session and , on that 
basis, may permit delegations to make a realistic assessment of the prospec ts 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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