WORLD TRADE  
ORGANIZATION  TN/IP/21 
21 April 2011  
 
(11-2081) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Special Session  
 
  
MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION OF 
GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS 
 
Report by the Chairman, Ambassador Darlington Mwape (Zambia)
  
to the Trade Negotiations Committee  
 
 
1. This report on the negotiations on the establis hment of a multilateral system of notification 
and registration of geographical indications (GIs) for wines and spirits ("Register") is submitted on 
my own responsibility and is without prejudice to th e positions of delegations and to the outcome of 
the negotiations. 
I. STATUS OF WORK 
2. The mandate of the Special Session is set out in the first sentence of paragraph 18 of the Doha 
Ministerial Declaration (WT/MIN(01)/DEC/1), which reads as follows: 
"With a view to completing the work starte d 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." 
3. The mandate refers to the work already under wa y in the Council for TRIPS on the basis of  
Article 23.4 of the TRIPS Agreement, which provides that: 
"[i]n order to facilitate the protection of geographical indications for wines, 
negotiations shall be undertaken in the Council for TRIPS concerning the 
establishment of a multilateral system of notification and registration of geographical indications for wines eligible for protection in those Members participating in the 
system." 
4. In paragraph 29 of the Hong Kong Ministerial Declaration (WT/MIN(05)/DEC), Ministers 
"agreed to intensify [the negotiations] in order to complete them within the overall time-frame for the 
conclusion of the negotia tions that were foreseen in the Doha Ministerial Declaration". 
5. As mentioned in my last report to the Trad e Negotiations Committee (TNC), contained in 
document TN/IP/20 of 22 March 2010, and repeated at each meeting, whether formal or informal, the 
specific negotiating mandate of the Special Session is limited to the negotiations of a Register of GIs 
for wines and spirits, and other TRIPS-related issues  are being handled in another context and at a 
different level.  The issue of linkages is clearly outside the purview of the mandate of the Special Session of the Council for TRIPS as recalled in para graph 2 above.  While I may not be able to 
prevent delegations from making linkages in their interventions, my task as Chair has been to TN/IP/21 
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  repeatedly remind Members of the limited mandate of the Special Session.  Whilst respecting 
Members' strong desire to use a Member-driven appro ach in the work of this negotiating group, it is 
my firm intention to keep this mandate in strict conformity with paragraph 18, first sentence, of the 
Doha Ministerial Declaration, and hence make u se of the prerogative accorded by this clear mandate. 
6. The report contained in TN/IP/20 and its anne xes, TN/IP/18 and TN/IP/19, has usefully 
served as a framework for continuing and guiding the discussions of the Special Session.  Since my 
report in TN/IP/20, I have held a nu mber of meetings in various form ats, keeping in mind the need for 
transparency and inclusiveness, including by main taining a consistent flow of information and 
opportunities to consult more widely through  open-ended informal and formal sessions. 
7. The three main proposals that have  been discussed remain on the table
1, even while providing 
substantial input to the most recent textual negotia tions.   The Special Session's most recent work 
could be described as a two stage process:  (1 ) from March to October 2010;  and (2) from 
November 2010 to the date of this report. 
8. During the first stage, i.e. from March to Oc tober 2010, this negotiating group based its work 
on the so-called "3-4-5" approach.  "Three" stands for the three clusters of  issues identified by the 
then Chair of the Special Session, Ambassador Manzoor Ahmad (see paragraph 6 of TN/IP/20).  
"Four" stands for the four questions posed by my predecessor as Chair, Ambassador Trevor Clarke, regarding legal effects/consequences of registra tion, participation and special and differential 
treatment, and "five" stands for the "five guiding  principles for future work" he had suggested 
(see paragraphs 7 and 8 of TN/IP/20).  With a view  to facilitating discussions by keeping them in a 
structured and focused frame, as well as avoiding a rhetorical repetition of long well-known points 
and positions on the merits of each proposal, I furt her developed in June 2010  two sub-questions to 
my predecessor's questions on legal effects.
2  These sub-questions focused on national systems, and 
recognized the value of past explanations and clarif ications by several delegations regarding how they 
would implement their own proposals and other Members' proposals.  Replies to the two 
                                                      
1 Document TN/IP/W/8, tabled in April 2003, contains the proposal by Hong Kong, China.  Document 
TN/IP/W/10, tabled in March 2005, contains the "joint pr oposal" and has been last revised to reflect additional 
co-sponsors.  The list of Members currently co-sponsoring TN/IP/W/10/Rev.4, dated 31 March 2011, is as 
follows:  Argentina, Australia, Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, 
Guatemala, Honduras, Israel, Japan, Korea, Mexico, New Zealand, Nicara gua, Paraguay, South Africa, Chinese 
Taipei and the United States ("Joint Proposal Group").  Document TN/C/W/52, dated 19 July 2008, and its 
addenda 1-3 contain a proposal for "Draft Modalities fo r TRIPS Related Issues", co-sponsored by Albania, 
Brazil, China, Colombia, Croatia, Ecuador, the European Communities, Georgia, Icelan d, India, Indonesia, the 
Kyrgyz Republic, Liechtenstein, Moldova, the Former Yugoslav Republic of Macedonia, Pakistan, Peru, 
Sri Lanka, Switzerland, Thailand, Turkey, the ACP Group and the African Group.  Under the sub-heading 
"GI-Register:  draft Modality text", paras. 1-3 of document TN/C/W/52 specifically address the issues relating 
to the "Register" of geographical indications for wines and spirits.  Paragraph 9 of TN/C/W/52 refers to special 
and differential treatment. 
 
 2 The two sub-questions faxed on 4 June 2010 read as follows:  
 
"1. When making decisions regarding the protection of geographical indications and trademarks, 
what sources of information are the relevant nationa l agencies currently legally obliged to take into 
account and what sanction is availa ble if they fail to do so?  Are additional sources of information 
that become newly available automatically covered by such a legal obligation? 
 
2. In national proceedings rega rding the protection of geographi cal indications and trademarks, 
what level of substantiation is currently required to  raise the issue of genericness of a term and who 
bears the burden of proving genericness or non-genericness: 
a. during an application process for protection of a term? 
b. if a protected term is challenged?"   TN/IP/21 
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  sub-questions are now on the record of the Special  Session, and have considerably enriched our 
collective understanding about how registration syst em would work and have thus assisted the 
negotiations.  The description of current practi ces provided a concrete grounding for our work, 
clarifying that in certain instances covered by th e two sub-questions domestic laws and practices did 
not profoundly differ across national systems.  The scope and inclusiveness of engagement was 
enhanced further in this phase, as the number has grown of delegations activ ely participating in the 
substantive technical debate. 
9. While this phase was productive and informative, it did not resolve the two key issues that 
continue to divide Members, namely legal effects/ consequences of registration and participation, the 
former remaining, in my view, the major stumbling block. 
10. The second stage, the preparations for which st arted in November/December 2010, was part 
of an overall process regarding the Doha Round with  the objective of accelerating work in order to 
develop texts in all negotiating groups by the first quarter of 2011.  After having consulted 
delegations, I circulated on 13 December a work  programme of consultations for the period from 
14 January to 4 March.  Thereafter and again in pace with the other negotiating groups, I proposed a 
similar work programme from 15 March to 19 April 2011. 
11. For this second stage, I suggested a list of the six ""Possible Elements for Developing Texts" 
for the future Register, which were: 
1. Notification 
2. Registration 
3. Legal Effects / Consequences of Registration 
4. Fees and Costs 
5. Special and Differential Treatment 
6. Participation 
 12. Based on this "3-4-5-6" approach, Members ag reed to negotiate text according to the 
following methodology: 
 - With regard to the organization of meetings, we began with informal group 
consultations.  Mindful of the delicate balance between focus and inclusiveness, between group consultations and open-ended meetings, I have kept all Members 
informed through open-ended meetings.
3 
 
 - For the composition of the drafting group, I applied the formula that Members 
themselves have chosen to use in the so-ca lled "small brainstorming" group that had 
met outside the WTO in 2010.  That formula, to me, was a balanced representation of the two sides to which I have made a s light modification, by including Hong Kong, 
China as a third proponent.  Reflecting th e progress of work and the continued 
interest of Members, participation in th e drafting group was widened in March 2010.
4 
                                                      
3 The open-ended meetings were held on 13 and 27 January, 11 February and 18-19 April 2011, and 
the Special Session held its 28th meeting on 3 March 2011.  Excerpts of the Chairman's statements made at all 
these meetings have been put on the WTO website and the composite texts of the elements for a register were 
circulated to the whole WTO membership, either by fax or  as a room document.  On 11 April, a draft composite 
text was circulated as JOB/IP/3. 
4 The delegations originally invited to this small drafting group were:  Argentina, Australia, Brazil, 
Canada, Chile, China, the European Union, Hong Kong, China, India, Japan, Kenya (for the African Group, with Nigeria as TRIPS focal point), Mauritius (for  the ACP Group), New Zealand, Peru, South Africa, 
Switzerland, Turkey and the United States .  In March 2011, the group was enlarged to include:  Bangladesh (for TN/IP/21 
Page 4  
 
   
 - I asked that the drafting group not merely work on text, but also act as an information 
conduit for other Members and endeavour to reach across the two sides of the debate 
to develop textual proposals.  I gather that , in response to my appeal to ease the 
inevitable pressure on the composition of th e informal drafting group, participating 
delegations had kept informed those supporters  of their proposals, and tried to reflect, 
as necessary, the nuances and positions expr essed by the supporters in the various 
sessions of the small drafting group.  In the light of my plea that delegations cooperate across both sides of the debate, I welcomed the f act that several delegations 
came forward with textual proposals or co mments, e.g. on special and differential 
treatment. 
  - With regard to the text which the group was mandated to work on, my working 
principle was that a negotiating text should, as much as possible, emerge from Members themselves, in line with the general directions laid out for this phase of the 
overall negotiations. 
  - The group worked on negotiating text element by element.  The various textual 
proposals submitted before a certain deadlin e were collated into a "composite text" 
before meetings, and furthe r supplemented, complemented  or amended by textual 
comments during the drafting sessions.  We had read-through sessions aimed at 
reducing differences to the extent possible.   The technique employed was transparent 
in the sense that delegations could see the collated texts on screen and make corrections.  We proceeded with the clear  understanding that the text was work in 
progress, that it was without prejudice to Members' positions on the overall outcome of the negotiations, and that Members could revert to any issue of the text at any time. 
 
 - Members had detailed exchanges on the ex act operation of the system as proposed by 
the different groups or individual delegations.  It was my impression that the merit of 
discussing the operation of the Register on the basis of textual proposals was most evident in these discussions.  Members were able to identify their different views and 
interpretations in relation to concrete part s of the text, and although not all of this 
thinking process is reflected in the current document, I sense that the differences were 
beginning to crystallize around a number of identifiable formulations. 
 13. The work of the drafting group was confront ed by a fundamental, systemic and mandate-
related concern, relating to the pr oduct coverage of the register, na mely whether it would include GIs 
for products other than wines and spirits.  As Chai rman of a negotiating group with a clear mandate, I 
continued to stress the precise perimeter of the z one from which the final product had to emerge, any 
other matter having to be resolved at a different and higher level.  In spite of my continuing emphasis 
on the mandate of the Special Session, this issue was debated repeatedly, with strong views being 
expressed on this point. 
14. Working under the structure of the six elements the small drafting group developed a single 
draft composite text on the Register that was circulated as JOB/IP/3 on 11 April 2011.  This draft 
composite text was examined by the wider membersh ip at an open-ended meeting on 18-19 April.  In 
that meeting, delegations who had participated in the drafting group explained the various proposed 
wordings and other delegations ha d their positions reflected in the text.  Changes resulting from this 
open-ended drafting meeting were included in the Draft Composite Text which was last circulated as 
JOB/IP/3/Rev.1 on 20 April 2011. 
                                                                                                                                                                    
 
LDC Group, with Angola as TRIPS focal point), Barbados, Ecuador, Indonesia, Korea, Malaysia, Mexico, 
Pakistan, Singapore, Thailand, and Chinese Taipei.  TN/IP/21 
 Page 5 
 
 
  15. The Draft Composite Text circulated as JOB/IP /3/Rev.1 reflects the text that has emanated 
from Members in the small group consultations and at  the open-ended informal consultations.  It is 
without prejudice to Members' positions on the ove rall outcome of the negotiations.  Members are 
working on the understanding that nothing is agreed until everything is agreed, and that Members may 
revert to any issue of the text at any time. 
16. Despite the fact that this text  does reflect the current state of negotiations in this negotiating 
group and represents significant progress since my last report in TN/IP/20, views differ on whether or not it could be forwarded to the TNC by East er 2011, and on whether and how the negotiating 
mandate should be accurately reflected in the Draf t Composite Text.  I have  made strenuous attempts 
to resolve this and have offered to use my preroga tive as Chair to improve textual compliance with the 
Special Session of the Council for TRIPS mandate.  However, Members have been unable to engage 
constructively on this question and have inst ead insisted that the purely bottom-up and 
Member-driven nature of the text be scrupulously respected at this time. 
17. Both sides, therefore, appear to prefer that th e Draft Composite Text remain untouched at this 
point in time.  Using my prerogative as Chair, I am therefore attaching the current Draft Composite 
Text in document JOB/IP/3/Rev.1 to this report to the TNC, in compliance with the agreement by all 
Members in the TNC of 30 November 2010 that a ll negotiating groups should develop texts by 
Easter 2011.  I hold the view – after having given car eful consideration to the arguments on both sides 
– that it is not prejudicial to the outcome of this negotiation or to any delegation's position if this text 
is attached as the factual representation of the stat e-of-play in this negotia ting group with all the 
caveats mentioned above and on the cover page of the attached JOB/IP/3/Rev.1. 
II. REMARKS AND NEXT STEPS 
18. I would like to thank all delegations for thei r co-operation and engagement.  I sense that, 
beyond tactics and strategies, all delegations have made a genuine  effort to find common language 
while defending their interests.  The devil bei ng in the details, I do believe that working on 
treaty-language formulations regarding the structure,  operation and implications of the Register has – 
for the first time – helped all delegations to have  a clearer view of each other's positions, proposals 
and wordings. 
19. While I am aware that there still is a long way to go, I do believe that the Draft Composite 
Text as reflected in JOB/IP/3/Rev.1 provides a good basis on which to continue negotiations towards 
a multilateral system of notification and registration for geographical indications for wines and spirits. 
_______________ 
 
  TN/IP/21 
 A-1 
 
 
  JOB/IP/3/Rev.1 
 
ATTACHMENT 
 
 
JOB/IP/3/Rev.1  20 April 2011 
Council for Trade-Related Aspects  
of Intellectual Property Rights Special Session  
  
 
MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION OF 
GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS 
 
Draft Composite Text
 
 
Revision  
   The attached Draft Composite Text is wit hout prejudice to Members' positions on the overall 
outcome of the negotiations.  Members are worki ng on the understanding that nothing is agreed until 
everything is agreed, and that Members may revert to  any issue of the text at any time.  The paper 
exclusively reflects text that has emanated from Members.
1 
  While the negotiating mandate for the Special Session of the Council for TRIPS is clearly 
limited to establishing a system for notification and registration of geographical indications for wines 
and spirits, Members' views continue to diverge on how and whether this mandate should be correctly 
reflected in the Draft Composite Text.  Despite my  repeated attempts and suggestions on how to 
resolve this issue in the text, Me mbers have been unable to engage constructively on this question and 
have instead insisted that the purely bottom-up and Member-driven nature of the text be scrupulously 
respected at this time. 
_______________ 
 
 
                                                     
 
1 The abbreviations used in the attached paper correspond to the following Members:  ACP =ACP 
Group;  AG = African Group;  BAR = Barbados;  BRA = Brazil;  CAN = Canada ;  CH = Switzerland;  
CHN = China;  COL = Colombia;  CUB = Cuba;  EU = European Union;  HKC = Hong Kong, China;  IND = India;  JP = Joint Proposal Group;  LDC = LDC Group;  MAL = Malaysia;  NIG = Nigeria;  SG = Singapore;  
TUR = Turkey.
 TN/IP/21 
A-2  
 
  JOB/IP/3/Rev.1 
 
[PURSUANT TO TRIPS AGREEMENT ARTICLE 23.4 A MULTILATERAL SYSTEM OF 
NOTIFICATION AND REGISTRATION OF GEOGRAPHICAL INDICATIONS FOR 
WINES AND SPIRITS ELIGIBLE FOR PROTECTION IN THOSE MEMBERS 
PARTICIPATING IN THE SYSTEM]
JP,SG,BRA,CUB 
 
[MULTILATERAL SYSTEM OF NOTI FICATION AND REGISTRATION  
OF GEOGRAPHICAL INDICATIONS]EU,CH,TUR,CHN,ACP,IND 
 
 
 
 [The Council for Trade-Related Aspects of Intellectual Property Rights ("the Council for 
TRIPS") 
 
 Having regard to paragraph 4 of Article 23 of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights ("the TRIPS Agreement"),  which provides that "in order to facilitate the 
protection of geographical indications for wines, negotiations shall be undertaken in the Council for 
TRIPS concerning the establishment of a multilateral system of notification and registration of geographical indications for wines eligible for pr otection in those Members participating in the 
system"; 
 
 Having regard  to paragraph 18 of the Doha Minist erial Declaration (WT/MIN(01)/DEC/1), 
which states that "with a view to completing th e work started in the Council for Trade-Related 
Aspects of Intellectual Property Rights (Council fo r TRIPS) on the implementation of Article 23.4, 
we (Ministers) agree to negotiate the establishm ent of a multilateral system of notification and 
registration of geographical indications for wines and spirits";  
  Noting  that the purpose of the multilateral system of notification and registration of 
geographical indications for wines and spirits shall be to facilitate the protection of these geographical 
indications, consistent with Part II,  Section 3 of the TRIPS Agreement; 
 
 Noting  that the system shall not confer any rights with respect to the geographical indications 
registered in the system;   Noting  that the system shall not prejudice any rights or obligations of a Member under the 
TRIPS Agreement; 
 
 Recognizing that, as provided for in paragraph 1 of Article 1 of the TRIPS Agreement, each 
Member is free to determine the appropriate method of implementing the provisions of that 
Agreement within its own legal system and practi ce, and that systems for protecting geographical 
indications include:  trademark law, including collective, guarantee or certification marks, specific protection systems for geographical indi cations, and other relevant [domestic]
HKC laws such as those 
pertaining to unfair competition and consumer protection[, as well as judicial decisions or 
administrative measures]HKC; 
  Recognizing the role of provisions for special a nd differential treatment in the WTO 
Agreement on Trade-Related Aspects of Intellectual Property Rights, and that any assistance that may 
be provided with regard to the implementation of the multilateral system of notification and 
registration of geographical indications for wines and spirits should be appropriately targeted to 
achieve the objective of that system;   TN/IP/21 
 A-3 
 
 
  JOB/IP/3/Rev.1 
 
 Decides as follows: 
 
X.1 ESTABLISHMENT OF THE SYSTEM 
 A multilateral system for the notification and registration of geographical indications for 
wines and spirits ("the System") is hereby established.]JP,HKC 
 
[X.2 SCOPE AND COVERAGE 
 
 This system applies to wines falling under heading 22.04, and to spirits falling under 
heading 22.08, of the International Conventio n on the Harmonized Commodity, Description and 
Coding System ("Harmonized System"), done at Brussels on 14 June 1983.]CAN  
A. PARTICIPATION 
 A.1 [In accordance with paragraph 4 of Article 23 of the TRIPS Agreement,]
JP,SG participation in 
the System [[established in this Decision]JP,SG is voluntary and no Member shall be required to 
participate.]JP,HKC,SG,IND,BRA 
 [Participation in the system means: 
 
(a) Each WTO Member [shall be free to participate and]HKC may notify geographical 
indications as provided in Section B.]CH,EU,HKC 
 
(b) [Each WTO Member shall consult the Register as provided in Section E.]CH,EU  [The 
obligation to give legal effect to regist rations under the system will only be binding 
upon Members choosing to participate in the system.]HKC,IND,BRA 
 [A.2 In order to participate in the System, a Memb er shall make a written notification to the WTO 
through the WTO Secretariat of its intention to participate.]
JP,CUB,HKC 
 
B. NOTIFICATION 
 
B.1 Each [participating]JP,HKC,IND,SG,BRA,CUB WTO Member may notify to the WTO [through the 
WTO]JP Secretariat any geographical indication [that identifies a wine or a spirit]JP,HKC,SG,CUB [as 
defined in Article 22.1 of the TRIPS Agreement, which is]EU,CHN,CH,TUR,HKC originating and protected in 
that Member's territory. 
 
B.2 The notification shall: 
 
(a) identify the geographical indication [as it appears on the wine or spirit in the territory 
of the notifying Member;]JP,SG,CUB [itself in the language or languages in which it is 
protected in its country of origin;]EU,CH,BAR 
[(b) identify the quality, reputation or other ch aracteristic which is essentially attributable 
to the geographical origin of the wine or spirit indicated by the geographical indication in question [and whether the characteristics are due to climate, terrain, human resources or other factors]
CUB;]MAL,HKC,SG,CUB 
(c) identify the notifying Member; TN/IP/21 
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  JOB/IP/3/Rev.1 
 
(d) identify the territory, region or locality [of the notifying Member from which the 
wine or spirit bearing the notified ge ographical indication is identified as 
originating]
JP,CUB [in which the good originates]EU,TUR,CH; 
[(e) identify the name and contact details of interested parties who may enforce the 
protection of the geographical indication including the administrator of the geographical indication;]
HKC,COL  
(f) when  the geographical indication [for a wine or a spirit]JP,SG,BRA is in characters other 
than Latin characters, include for inform ation purposes only, a transliteration into 
Latin characters of the geographical indication using the phonetics of the language in 
which the notification is made ("transliteration"); 
(g) specify [whether the indication refers to a wine or spirit]JP,SG,HKC,BRA [the type of 
goods which is identified by the geographical indication]EU,TUR; 
(h) [include a reference to the relevant domestic  legislation or judicial decisions or other 
legal means protecting geographical indications in the territory of the notifying 
Member, and if available domestically a reference to the specific legal instrument protecting the notified geographical indication in the territory of the notifying Member]
EU,HKC [;  or a statement executed under seal by the government of the 
notifying Member to the effect that the geographical indication: 
  (i) conforms with the definition in Article 22.1 of the TRIPS Agreement; 
 
 (ii) is protected by law and has not fa llen into disuse in the territory of the 
 notifying participating Member;  and 
  (iii) a statement by the government of th e notifying participating Member that the 
 geographical indication is for wines and/or spirits]HKC; 
 
[(i) indicate, where available, the date on which the geographical indication first received 
protection in the originating Member and, if  applicable, any date of expiration of the 
protection currently accorded;]
EU,HKC  
[(j) include the requisite fee.2]HKC,BRA 
B.3 The notification may also include: 
 
[(a) information concerning the date on which the geographical indication for a wine or a 
spirit received protection in the territory of the notifying Member a nd the date, if any, 
on which protection will expire;  and 
(b) information concerning how the notified geographical indication for a wine or a spirit 
is protected in the territory of the notifying Member.]JP 
                                                      
2 The user-pays principle applies.  The system will be run on a full-cost recovery basis.  Consideration 
might be given to special and differential treatment in this regard for least developed country Members and 
developing country Members.  TN/IP/21 
 A-5 
 
 
  JOB/IP/3/Rev.1 
 
[(c) available translations of the geograp hical indication in languages other than the 
language or languages referred to in paragraph B.2(a); 
(d) an indication of any bilateral, regi onal or multilateral agreement under which the 
geographical indication is protected.]EU,TUR 
B.4 The notifications of each geographical indication [for a wine or a spirit]JP,SG,BRA shall be made 
on the basis of a standard form to be adopted by the Council for TRIPS prior to the entry into 
operation of the System.  
[B.5 Notifications may be made at any time.  However, the WTO Secretariat may fix the 
maximum number of applications to be processed each year, having regard to the administrative 
capacity and resources constraints of the WTO Secretariat.]
HKC 
 
B.6 The notification shall be made in English, French or Spanish [with the exception of the 
geographical indication itself which shall be notified in accordance with paragraph B.2(a)]JP.  The 
notification, with the exception of the geographical indication itself, shall be translated by the WTO 
Secretariat into the two other languages. 
 
[C. SECRETARIAT 
 
C.1 The WTO Secretariat shall manage the syst em and be responsible for the compilation, 
maintenance and updating of the Register.  C.2 After receiving notifications from participating Members, the WTO Secretariat shall 
undertake formality examination of the notificati ons and ensure that documents submitted are in 
order.  The examination process does not involve substantive examination. 
 C.3 The WTO Secretariat may require the notifying participating Member to rectify any 
deficiency if it considers the documentation submitted  fails to meet the stipulated minimum formal 
requirements.]
HKC 
 
D. REGISTRATION  
D.1 The WTO Secretariat[, once it is satisfied that the formalities and documents submitted are in 
order and the requisite fee has been paid,]
HKC shall, as soon as practicable after receipt of the 
notification, [circulate3 it to all Members and]EU register the notified geographical indication on the 
[Database]JP[Register]EU,HKC of Geographical Indications [for Wines and Spirits ("the Database")]JP 
[("the Register")]EU [within X days]COL. 
  [The WTO Secretariat shall notify the par ticipating Members of any new or amended 
registrations.  The WTO Secretariat shall also distribu te a copy of the Register  to every participating 
Member on an annual basis.  This may be done by electronic means.]
HKC 
 D.2 The registration of a Geographical Indicati on [for a wine or spirit on the Database]
JP shall 
consist of the recording of the in formation provided under paragraph[s]EU B.24 [and B.3]EU [and 
contain the following information in respect of each registered geographical indication: 
                                                      
3 The format for circulation (paper and/ or electronic) is to be determined. 
4 JP Note:   Reference should correspond to provisions enumerated in paragraph B.2 of 
TN/IP/W/10/Rev.4. TN/IP/21 
A-6  
 
  JOB/IP/3/Rev.1 
 
(a) The date of registration. 
(b) The serial number of registration]
HKC. 
 
D.3 (a) The [Database shall be]JP [Register shall take the form of a database that is]EU 
 searchable on-line, readily accessible and free of charge to all WTO Members and to  the public, and provide a means to access the original notifications. 
 
(b) [With the exception of each notified geogra phical indication itself and, as applicable, 
its transliteration, the Database shall be  available in all three WTO languages.]
JP 
D.4 UPDATING [THE DATABASE]JP [OF THE MULTILATERAL REGISTER]EU 
 
[(a) Initial registrations shall be valid for a pe riod of 10 years.  Subject to the payment of 
a specified fee, participating Members may submit a request to the WTO Secretariat 
for the renewal of registrations.  Each re newed term shall be a further period of 
10 years, and there shall be no limit on th e number of times renewals can be made. 
(b) Participating Members requesting rene wal of a geographical indication on the 
Register shall submit the information set out  in paragraph B.2 above, subject to any 
factual changes that have occurred since the original registration or subsequent 
amendment.  Such applications shall be subject to a formality examination.]HKC,BRA 
(c) Each [notifying]EU,CH[participating]JP,HKC,SG,BRA Member may, at any time submit 
amendments to a notification of a registered geographical indication.  The provisions of Sections [...]
5 shall apply to amended notificatio ns. [Corrections shall be notified 
promptly.]HKC,BAR 
(d) Each [notifying]EU [participating]JP,SG,BRA Member may at any time notify to the WTO 
Secretariat in writing the withdrawal of its notification of a registered geographical 
indication.  Upon receipt of the notification of withdrawal of a notification of a registered geographical indication, the WTO Secretariat shall [circulate the notification
6 of withdrawal to all Members and]EU update the [Database]JP 
[Register]EU by removing7 the registered geographical indication and recording8 the 
withdrawal of the notification. 
[(e) If a registered geographical indication is no longer protected or has fallen into disuse 
in the notifying Member's territory, that Member shall [notify the end of that 
protection]COL [promptly request the withdrawal of its notification in accordance with 
paragraph D.4(d) above.]HKC,BRA]HKC,COL,BRA 
                                                      
5 The exact extent of this reference remains to be determined. 
6 The format for circulation (paper and/ or electronic) is to be determined. 
7 Barbados' suggestion:  "by placing the withdrawn notification in the section of the Database/Register 
on withdrawn notifications." 
8 Barbados' suggestion:  "by placing the withdrawn notification in the section of the Database/Register 
on withdrawn notifications."  TN/IP/21 
 A-7 
 
 
  JOB/IP/3/Rev.1 
 
[(f) Any participating Member may notify the WTO Secretariat that a registered 
geographical indication is refused protection by the courts, tribunal or administrative 
bodies in its country or territory on gro unds permitted under Articles 22 to 24 of the 
TRIPS Agreement.  The WTO Secretariat shall, as soon as possible upon receipt of 
such a notice, transmit it to the participating Member who submitted the original application and, at the same time, record th e refusal in the Register together with the 
reasons for refusal.
9]HKC,BRA 
E. [LEGAL  EFFECTS/ ]EU CONSEQUENCES  OF REGISTRATION 
 
[E.1 Each [participating]JP,IND,SG,BRA,CUB WTO Member [commits to ensure]JP,BRA [shall provide]EU 
that [its procedures include the provision to]JP,BRA [domestic authorities shall]EU consult the 
[Database]JP [Register and take its information into account]EU when making decisions regarding 
registration and/or protection of trademarks and geographical indications [for wines and 
spirits]JP,SG,BRA in accordance with its [laws and regulations]JP,BRA,COL [and]COL [domestic 
procedures]EU,COL.]JP,EU,COL 
 
 [[In the framework of these dom estic procedures and in the absence of proof to the contrary in 
the course of these procedures,]EU [Registration of an indication on]HKC the Register shall be 
considered as a prima facie evidence]HKC,EU 
 
[(a) of interested parties who may enforce the protection of the geographical 
indication;]HKC 
[[(b)]HKCthat in the [notifying]IND Member [that consults the Register]EU the registered 
geographical indication satisfies the definition of "geographical indication" laid down 
in Article 22.1 of the TRIPS Agreement;  [and]HKC]HKC,EU 
[(c) that the indication is protected in the co untry of origin (i.e. Article 24.9 of the TRIPS 
Agreement does not apply) 
in any domestic courts, tribunals or administ rative bodies of the participating Members in any 
judicial, quasi-judicial or administrative proceedings related to the geographical indication.  The issues will be deemed to have been proved unless ev idence to the contrary is produced by the other 
party to the proceedings.  In effect, a rebuttable pr esumption is created in relation to the above three 
issues.
10]HKC 
  [In the framework of these domestic procedures,  domestic authorities shall consider assertions 
of genericness as laid down in Article 24.6 of the TRIPS Agreement only if these are substantiated.]
EU 
 
                                                      
9 The recordal procedure is aimed at enhancing tr ansparency.  The decision of the domestic courts, 
tribunals or administrative bodies to refuse protection of a registered geographical indication shall only have 
binding effect within its territory. 
10 For jurisdictions where there is a distinction betw een legal burden and evidential burden of proof, the 
proposed legal tool will shift the evidential burden of proof on issues (a)-(c) men tioned in this paragraph. TN/IP/21 
A-8  
 
  JOB/IP/3/Rev.1 
 [E.2 For the avoidance of doubt: 
(a) A participating Member may refuse pr otection of a geographical indication in 
accordance with its domestic laws, if any of the grounds or exceptions under 
Articles 22 to 24 of the TRIPS Agreement is  found to be applicable by its domestic 
courts, tribunals or administrative bodi es having regard to the relevant local 
circumstances. 
(b) Decisions of the domestic courts, tribunals  or administrative bodies of participating 
Members shall only have territorial effect. 
(c) The admittance of the prima facie evidence is not intended to affect the operation of 
other presumptions which may be applicable under domestic laws.]
HKC,BAR,BRA,COL 
[(d) The date of notification and registration shall not be taken as providing evidence of 
priority between conflicting claims in resp ect of identical or similar geographical 
indications.]HKC,BAR,BRA,COL,CUB 
[E.3 Members who choose not to participate are en couraged, but are not obliged, to consult the 
Database in making decisions under their laws and regulations involvi ng registration or protection of 
trademarks and geographical indi cations for wines and spirits.]JP,SG,CUB 
 
F. FEES  AND COSTS 
 [F.1 The registration is subject to the payment of  the requisite fee.  The user-pays principle 
applies.  The system will be run on a full-cost recovery basis.]
HKC,BRA,SG 
 
G. SPECIAL AND DIFFERENTIAL TREATMENT 
 
Transitional time-periods  
G.1 A [participating]
JP,IND,SG,BRA developing country Member sha ll not be required to apply the 
provisions in paragraph E [.1]JP of the multilateral system of notification and registration of 
geographical indications [for wines and spirits]JP [("the System")]AG,LDC,BRA,CHN,IND,JP for a period of 
[10]AG,LDC,BRA,CHN,IND [X]JP years, as from the date of [entry into force of the amendment of the TRIPS 
Agreement]AG,LDC.BRA,CHN,IND,CUB [receipt by the WTO Secretariat of the written notification pursuant 
to paragraph A.2.]JP. 
 G.2 A [participating]
JP,IND,SG,BRA least developed country Member shall not be required to apply 
the provisions in paragraph E  [.1]JP of the multilateral system of notification and registration of 
geographical indications [for wines and spirits]JP [("the System")]AG,LDC,BRA,CHN,IND,JP,CUB for a period 
of [20]AG,LDC,BRA,CHN,IND [X+Y]JP years, as from the date of [entry into force of the amendment of the 
TRIPS Agreement]AG,LDC.BRA,CHN,IND,CUB [receipt by the WTO Secretariat of the written notification 
pursuant to paragraph A.2.]JP.  The [Council for TRIPS]JP shall, upon [duly motivated]JP request by a 
[participating]JP least developed country Member, a ccord extensions of this period. 
 
[G.3 [Participating]CUB [D][d]eveloping country Members and least developed country Members 
shall be exempted from the registration fees as defined in Section F (fees and costs).]
AG,LDC,BRA,CHN,IND,CUB 
  TN/IP/21 
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  JOB/IP/3/Rev.1 
 
Technical assistance 
 
[G.4 Upon their request, [participating]CUB developing country Memb ers and least developed 
country Members shall be assisted by the WTO Secr etariat in translating into one of the languages 
referred to in paragraph B.6 of this Annex, where applicable, th e notification or modification of 
notification of a geographical indication.]AG,LDC,BRA,CHN,IND,CUB 
 G.5 In order to facilitate the [participation in, and]
AG,LDC,BRA,CHN,IND implementation of the System 
[by interested developing country Members, in  particular least developed country Members, 
participating]JP developed country Members shall provide , [according to Article 67 of the TRIPS 
Agreement,]AG,LDC,BRA,CHN,IND [on request and on mutually agreed terms and conditions,]JP technical 
and[/or]JP financial assistance to [interested]JP developing country Memb ers and least developed 
country Members.  Such assistance may also be provided during the transiti onal time period referred 
to in paragraphs G.1 and G.2. [The WTO Secretaria t shall enhance its coopera tion with other relevant 
international organizations, with a view to maki ng technical assistance and capacity building as 
effective and operational as possible.]AG,LDC,BRA,CHN,IND 
 [G.6 The technical and/or financial assistance re garding the implementation of the provisions of 
the System may include, inter alia , institutional capacity building programmes to assist Members in 
conducting the notification activities described in Section B11, and in consulting the Database, as 
provided in paragraph E.112.  The assistance may entail activities such as, inter alia , training of 
personnel, cooperation based on best  practices and experiences, and advice regarding the development 
of appropriate administrative procedures.]JP,HKC 
 [H. REVIEW  
H.1 The notification and registration system shall be subject to review after [four] years from 
establishment of the system.  In particular, the quest ion of scope of particip ation should be re-visited 
as part of the review.]
HKC 
 
[I. TERMINATION  OF PARTICIPATION 
 
I.1 A Member may also terminate, at any time, its  participation in the System.  Any termination 
shall be notified to the WTO Secretariat in writing.  Once a Member has terminated its participation in 
the System, the WTO Secretariat shall update the Da tabase to record the withdrawal of the Member's 
previously notified geographical indicati ons in accordance with paragraph D.4(d).]JP,SG,CUB,HKC 
 
J. CONTACT  POINT 
 
J.1 Each [participating]JP,HKC,SG Member shall notify to the WTO a contact point from which 
further information on geographical i ndications [for wines and spirits]JP,SG notified by that Member 
can be obtained.  The WTO Secretariat shal l publish the contact points in the [Database]JP 
[Register]EU. 
 
__________  
                                                      
11 JP Note :  Section B of TN/IP/W/10/Rev.4. 
12 JP Note :  Para. E.1 of TN/IP/W/10/Rev.4.