WORLD TRADE  
ORGANIZATION  TN/IP/W/12 
14 September 2005 
 
 (05-4018) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Special Session  
 
  
SIDE-BY-SIDE PRESENTATION OF PROPOSALS 
 
Prepared by the Secretariat
 
 
  1. The attached table sets out, side-by-side, th e three proposals that have been submitted in 
written form to the Special Session of the Council for TRIPS for a multilateral system of notification 
and registration of geographical indications for win es and spirits:  Hong Kong, China's proposal for an 
"Alternative Model for a Multilateral System of Notification and Registration of Geographical 
Indications Established under Artic le 23.4 of the TRIPS Agreemen t", contained in Annex A of 
TN/IP/W/8;  the "Proposed Draft TRIPS Council Decision on the Establishment of the Multilateral 
System of Notification and Registration of Geogra phical Indications for Wines and Spirits", proposed 
by Argentina, Australia, Canada, Chile, Domini can Republic, Ecuador, El Salvador, Guatemala, 
Honduras, Japan, Mexico, New Zealand, Chinese Taipei and the United States, contained in 
TN/IP/W/10;  and the European Communities' proposal  for a "Multilateral System of Notification and 
Registration of Geographical Indications", cont ained in the Annex set out in TN/IP/W/11. 
 2. In accordance with the mandate of the Special  Session, set out in Article 23.4 of the TRIPS 
Agreement and paragraph 18 of the Doha Declarat ion, which is limited to the negotiation of the 
establishment of a multilateral system of notificatio n and registration of geographical indications for 
wines and spirits, this paper is limited to those el ements that, in the view of the proponents of each 
proposal, are relevant to this mandate.  3. This document has been prepared under th e Secretariat's own responsibility and without 
prejudice to positions of Members and to their rights and obligations under the WTO. 
 
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Page 2  SYNOPTIC TABLE OF WRITTEN PROPOSALS FOR A MULTILATERAL SYSTEM OF NOTIFICATION AND REGISTRATION 
 OF GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS 
 
 
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PREAMBLE∗  
  Having regard to paragraph 4 of 
Article 23 of the Agreement on Trade-Related 
Aspects of Intellectual Property Rights ("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 
protection in those Members participating in the 
system"; 
 
 Having regard  to paragraph 18 of the 
Doha Ministerial Declaration 
(WT/MIN(01)/DEC/1), which states that "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 [Ministers] 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";  
 
 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 geogr aphical indications,  
                                                      
∗  Secretariat's note:  The headings and sub-headings appearing in bold italics in this table have been inserted by the Secretaria t to facilitate comparison of the 
proposals and are without prejudice to the headings that may be used in the text embodying the results of the negotiations.     TN/IP/W/12
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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 practice, and that systems for 
protecting geographical indications include:  
trademark law, including collective, guarantee 
or certification marks, specific protection 
systems for geographical indications, and other 
relevant laws such as those pertaining to unfair 
competition and consumer protection.  
 
LEGAL FORM   
  The Council for Trade-Related Aspects of 
Intellectual Property Rights ("the Council for TRIPS") 
 
 [Preamble] 
  
Decides as follows: 
 
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.  Annex to the TRIPS Agreement (Article 23.4) 
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PARTICIPATION  
 
E. Participation 
 
 Participation in the system is voluntary which means that: 
 
1. Members should be free to participate 
and notify GIs protected in their territories. 
 
2. The obligation to give legal effect to 
registrations under the system will only 
be binding upon Members choosing to participate in the system.  
 
  
2. Participation 
 
2.1 In accordance with paragraph 4 of 
Article 23 of the TRIPS Agreement, 
participation in the System established in this Decision is strictly voluntary, and no Member shall be required to participate.  
 
2.2 In order to participate in the System, a 
Member shall make a written notification to the 
WTO Secretariat of its intention to participate. 
  
1. Participation 
 
 Each WTO Member may elect to 
participate by  notifying geographical 
indications into the multilateral system of notification and registration of geographical indications ("the system") established by this [instrument] by [action to be taken]…
1 ("the 
participating Member").  Members that do not 
notify geographical indications into the system will be deemed to be "non-participating Members".
 
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 1  The procedure relating to participation will 
depend on the legal form of the multilateral 
system.  
 
NOTIFICATION  
 
A. Notification  
3. Notification  
2. Notification  
 
 
 
1. Members wishing to participate in the 
system ("Participating Members")1 may notify 
the administering body2 of any domestic 
geographical indications for wines and spirits which are protected under their domestic legislation, judicial decisions or administrative 
measures.
 
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 1  It is assumed that the Participating Members will 
be making the notifications.  It may become 
necessary to address the issue whether individual 
owners of geographical indications should be 
allowed to make notifications directly. 
 2  So far the proposals from Members appear to be 
suggesting that the WTO Secretariat should be 
responsible for the operation of the system.   
 
 
3.1 Each Participating Member may notify to 
the WTO any geographical indication that identifies a wine or a spirit originating in that Member's territory. 
 
  
Substantive conditions 
 
2.1 Each participating Member shall be 
entitled to notify to the [body administering the system] (the "administering body") each geographical indication which: 
 
(a) meets the definition of a geographical 
indication specified in paragraph 1 of 
Article 22 of the TRIPS Agreement;  
and 
 
 
(b) is protected in its territory and has not 
fallen into disuse in that territory.  
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Consideration may be given to whether other 
suitable international organizations should be 
charged with the responsibility of operating the 
system.  
 
Mandatory elements in notifications  
 
 
2. Notifications submitted shall include the 
following: 
 
 (a) Details of the geographical indication 
(e.g. the name, the place or area, 
quality, reputation or other 
characteristics, and goods indicated by the geographical indication). 
 
 (b) The name and contact details of the 
owner of the geographical indication. 
 
 (c) The Participating Member making the 
notification. 
 
 (d) Details of the office competent to 
receive correspondence from the administering body. 
 
 (e) Either: 
 
  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 
fallen into disuse in the territory of the notifying  
 
3.2 The notification shall: 
 
 (a) identify the notifying Member; 
 
 (b) identify the geographical indication as 
it appears on wine or spirit goods in 
the territory of the notifying Member; 
 
 (c) identify the territory, region or locality 
of the notifying Member from which the wine or spirit bearing the notified geographical indication is identified as 
originating; 
 
 (d) when the geographical indication is in 
characters other than Latin characters, include, for information purposes only, a transliteration into Latin 
characters of the geographical 
indication using the phonetics of the language in which the notification is made ("transliteration"); and 
 
 (e) specify whether the indication refers 
to a wine or spirit. 
 
 Contents of the notification 
 
2.2  The notification shall include: 
 
 (a) the geographical indication itself in 
the language or languages in which it is protected in its country of origin 
and, where the geographical 
indication is in characters other than Latin characters, a transliteration into Latin characters using the phonetics of the language in which the notification 
is made; 
 
 (b) any available translation of the 
geographical indication itself into the language in which the notification is made if the language or languages in 
which the geographical indication is 
protected in the country of origin is not one of the languages referred to in paragraph 2.4 below;  
 
 (c) a reference to the legal instrument by 
which the geographical indication is 
protected in the notifying Member, for 
example the relevant national or regional legislative or administrative text or the relevant judicial decision, including, where applicable, the 
registration number of the 
geographical indication in the notifying Member;  where the text of  TN/IP/W/12 
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Participating Member;  and 
 
  (iii) a statement by the government 
of the notifying Participating Member that the geographical indication is for wines  and/or 
spirits. 
 
  Or: 
 
  The relevant domestic legislation or 
judicial decisions protecting the geographical indication in the territory 
of the notifying Participating Member. 
 
 (f) Any commencement or expiry date of 
protection under the relevant domestic legislation, administrative measures or judicial decisions of the notifying 
Member. 
 
 (g) The requisite fee. 3  
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 3  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.  the legal instrument in question has 
already been notified to the WTO and circulated as a TRIPS Council document, reference shall be made to the relevant TRIPS Council 
document; 
 
 (d) where available, the date on which the 
geographical indication first received protection in the Member making the notification (the "notifying Member") 
and, if applicable, any date for the 
expiration of the protection currently accorded;  and 
 
 (e) the geographical area from which the 
good must originate in order to be 
eligible to be identified by the 
geographical indication. 
 
 
 
Optional elements in notifications   
  
 3. Notification 
 
3.3 The notification may also include:  
 
 (a) information concerning the date on 
which the geographical indication received protection in the territory of the notifying Member and the date, if 
any, on which protection will expire; 
and 
 
 2. Notification 
 
2.3 The notification may also include any other information that the notifying Member considers might be useful in facilitating protection of the geographical indication, such as: 
 
 (a) suggested translations of the 
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 (b) information concerning how 
the notified geographical indication is protected in the territory of the notifying Member. 
 referred to in paragraph 2.2(a) and 
2.2(b) above; 
 
 (b) information on the natural or legal 
persons that have, according to the law of the notifying Member, the right 
to use the geographical indication;  
these natural or legal persons may be designated collectively or, where collective designation is not possible, by name; 
 
 (c) any bilateral, regional and/or 
multilateral agreement under which the geographical indication is protected, for information purposes. 
 
Format and other aspects of notifications    
 
 
3. Notifications may be made at any time.  
However, the administering body may fix the maximum number of applications to be processed each year, having regard to the 
administrative capacity and resources 
constraints of the administering body.   
 
3.4 The notifications of each geographical 
indication shall be made on the basis of a standard form to be adopted by the TRIPS Council prior to the entry into operation of the 
System.   
 Form of the notification 
 
2.5 Notifications shall be made on the basis 
of a format to be adopted by the Council for TRIPS prior to the entry into operation of the system.  The format of the notification shall be 
such as to limit notifications, wherever possible, 
to no longer than two pages, not counting any attached or cross-referenced texts.  The [committee responsible for managing the system] shall have the authority to modify this format as it considers appropriate.  
  
 
 
 
  
 
  
 
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Language of the notification 
 
2.4 The notification shall be made in 
English, French or Spanish.  The notification, with the exception of the geographical 
indication itself, shall be translated by the 
administering body into the other two languages.  
  Circulation to Members and publication of 
notification 
 
2.6. The administering body shall, immediately after receipt of a notification, circulate it to all Members and publish it on the Internet. The administering body shall also transmit any notification regarding trademarks 
which contain or consist of a notified 
geographical indications, pursuant to paragraphs 3.3, 4(c) and 5(b) below. 
REGISTRATION    
 
Formality examination   
 
B. Registration 
 
1. After receiving notifications from 
Participating Members, the administering body shall undertake formality examination of the 
notifications and ensure that documents 
submitted are in order.  The examination process does not involve substantive examination. 
 
2. The administering body may require the 
notifying Participating Member to rectify any 
deficiency if it considers the documentation submitted fails to meet the stipulated minimum formal requirements.      TN/IP/W/12
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Reservations   
  
 
 3. Registration 
 
3.1 The administering body shall register 
notified geographical indications on the 
Register of Geographical Indications ("the 
Register") in accordance with the following procedures:  
 
3.2 Any Member may, within 18 months from the date on which the notification was circulated and published, lodge a reservation 
with the administering body to the effect that it 
considers the notified geographical indication not to be eligible for protection in its territory for any of the grounds mentioned in this paragraph or that it has serious doubts in such 
respect.  The reservation shall identify the 
applicable ground or grounds and be duly substantiated.  A reservation may be based on any of the following grounds: 
 
 (a) the notified geographical indication 
does not meet the definition of a 
geographical indication specified in paragraph 1 of Article 22 of the TRIPS Agreement; 
 
 (b) the notified geographical indication, 
although literally true as to the 
territory, region or locality in which 
the goods identified by it originate, falsely represents to the public that the goods originate in its territory, as provided for in paragraph 4 of Article 
22 of the TRIPS Agreement; 
 
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 (c) the notified geographical indication is 
identical with the term customary in common language as the common name for a wine or spirit in the territory of the Member lodging the 
reservation ("the challenging 
Member") or, with respect to products of the vine, with the customary name of a grape variety existing in the territory of the challenging Member as 
of the date of entry into force of the 
WTO Agreement, ...* as provided for in paragraph 6 of Article 24 of the TRIPS Agreement.
 
______________ 
*  Secretariat's note:  See paragraph 2 of the 
cover page.  
 
Articles 24.4 and 24.5 of the TRIPS Agreement cannot form the basis of a reservation but may 
be invoked under domestic law at any time if 
the legislation so permits.  
 
3.3 For information purposes only, if so requested by a participating Member filing a notification, a WTO Member will also notify 
the existence, if any, of a trademark that 
contains or consists of  the notified geographical 
indication. 
 
3.4 Where a reservation has been lodged in respect of a notified geographical indication 
within the 18-month period referred to in 
paragraph 3.2 above, the notifying Member and the challenging Member shall, before the expiry of that period, enter into negotiations aimed at resolving the disagreement if so requested by the notifying country, in line with Article 24.1   TN/IP/W/12
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of the TRIPS Agreement. 
 
3.5 (a) The administering body shall, at the 
expiry of the 18-month period referred to in paragraph 3.2 above, register the notified geographical indication on the 
Register. 
 
 (b) To the extent that a reservation lodged 
in respect of that geographical indication has not been withdrawn by the challenging Member at the time of 
registration, the registration shall be 
accompanied by an annotation referring to the reservation. 
 
 (c) Where the reservation is withdrawn 
by the challenging Member after the 
geographical indication has been 
registered, the administering body shall record the withdrawal on the Register.  
Registration  
  
B. Registration 
 
3. Once the administering body is satisfied 
that the formalities and documents submitted 
are in order and the requisite fee has been paid, the geographical indications shall be recorded in the Register of Geographical Indications.  For each geographical indication recorded on 
the Register, the administering body shall, as 
soon as practicable, issue an official copy of the Certificate of Registration to the relevant Participating Member.  Certificates of registration may be issued in electronic form. 4. Registration on the Database  
 
4.1 The WTO Secretariat shall, following 
receipt of the notification, register the notified 
geographical indication on the Database of Geographical Indications for Wines and Spirits ("the Database").  
 
4.2 The registration of a geographical 
indication on the Database shall consist of the 
recording of the information provided under paragraph 3.2.  
 3. Registration 
 
3.5(a) The administering body shall, at the 
expiry of the 18-month period referred 
to in paragraph 3.2 above, register the notified geographical indication on the Register. 
 
 (b) To the extent that a reservation lodged 
in respect of that geographical 
indication has not been withdrawn by the challenging Member at the time of the registration, the registration shall be accompanied by an annotation referring to the reservation.  TN/IP/W/12 
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 (c) Where the reservation is withdrawn 
by the challenging Member after the geographical indication has been registered, the administering body shall record the withdrawal on the 
Register.
 
Content of registrations 
  
  
B. Registration 
 
4. The Register of Geographical Indications 
shall contain the following information in respect of each registered geographical 
indication: 
 
 (a) The name of the geographical 
indication. 
 
 (b) The place or area, other quality, 
reputation or characteristics, and the goods indicated by the geographical 
indication. 
 
 (c) The name and contact details of the 
owner of the geographical indication. 
 
 (d) The Participating Member making the 
notification. 
 
 (e) Details of the office competent to 
receive correspondence from the administering body. 
 
 (f) The relevant statement executed under 
seal by the government of the 
notifying Participating Member (as in 
A.2.(e) above) or the relevant domestic legislation, judicial decisions or administrative measures protecting 4. Registration on the Database 
 
4.2 The registration of a geographical 
indication on the Database shall consist of the recording of the information provided under 
paragraph 3.2.  
 
 3. Registration  
 
Form of the Register and contents of registration  
 
3.7 The registration of a geographical 
indication shall consist of the recording of: 
 
 (a) the geographical indication itself, as 
notified under paragr aph 2.2(a) above, 
together with any translation submitted under paragraph 2.2(b) or paragraph 2.3(a) above; 
 
 (b) the notifying Member; 
 
 (c) the reference to the legal instrument 
referred to in paragraph 2.2(c) above; 
 
 (d) any date(s) indicated under paragraph 
2.2(d) above; 
 
 (e) a reference to the document 
containing the notification of the 
geographical indication; 
 
 (f) any annotations relating to 
reservations lodged in respect of the geographical indication;  and 
 
 (g)  any other information that the 
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the geographical indication. 
 
 (g) Any commencement or expiry date of 
protection under the domestic legislation, administrative measures or judicial decisions of the notifying 
Participating Member. 
 
 (h) A statement to the effect that the date 
of notification and registration shall not be taken as providing evidence of priority between conflicting claims in 
respect of identical or similar 
geographical indications. 
 
 (i) The date of registration. 
 
 (j) The serial number of registration. the registration. 
 
 
 
Form of register    
 
 
B. Registration 
 
6. The Register (which should be kept up-
to-date by the administering body) shall be made available on the WTO Internet website for access and search by the public.   The administering body shall distribute a copy of the 
Register to every Participating Member on an 
annual basis.  4. Registration on the Database 
 
4.3 The Database shall be searchable on-
line, free of charge, accessible to all WTO Members and the public, and provide a means to access the original notifications. 
 
4.4 With the exception of each notified 
geographical indication itself and, as applicable, 
its transliteration, the Database shall be available in all three WTO languages.   
 
    3. Registration 
 
Form of the Register and contents of registration 
 
3.6 The Register shall take the form of a 
searchable on-line database, freely accessible to all Members and to the public. 
 
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CONSEQUENCES OF REGISTRATION (PROPOSED "EFFECT OF REG ISTRATION"/"PARTICIPATION", "PROCEDURES TO BE FOLLOWED 
BY PARTICIPATING MEMBERS"/"ACCESS FOR OTHER MEMBERS" OR  "LEGAL EFFECTS IN PARTICIPATING MEMBERS"/"LEGAL 
EFFECTS IN NON-PARTICIPATING MEMBERS"/"LEGAL EFFECTS IN LEAST-DEVELOPED COUNTRY MEMBERS") 
 
In participating Members 
 
D. Effect of registration 
 
 
1. The Certificate of Registration (or such copies of the Certification as domestic laws may permit) shall be proof of inclusion of the relevant geographical indication in the Register of Geographical Indications in any domestic 
courts, tribunals or administrative bodies of the 
Participating Members in any judicial, quasi-judicial or administrative proceedings related to the geographical indication. 
 
2. Registration of an indication on the 
Register shall be admitted as prima facie 
evidence to prove: 
 
 (a) ownership of the indication;  
 
 (b) that the indication satisfies the 
definition in Article 22.1 of the TRIPS Agreement as a geographical 
indication;  and 
 
 (c) that the indication is protected in the 
country of origin (i.e. Article 24.9 of the TRIPS Agreement does not apply) 
 
in any domestic courts, tribunals or 
administrative bodies of the Participating 
Members in any judicial, quasi-judicial or administrative proceedings related to the  
5. Procedures to be Followed by Participating Members 
 
 Each Participating Member commits to 
ensure that its procedures include the provision to consult the Database when making decisions regarding registration and protection of trademarks and geographical indications for 
wines and spirits in accordance with its 
domestic law.  
  
4. Legal effects in participating Members 
 
 
 Each participating Member which has not lodged a reservation in respect of a notified geographical indication within the 18-month period referred to in paragraph 3.2 above, or which has withdrawn such a reservation, shall: 
 
 (a) subject to subparagraph (b) below, 
provide the legal means for interested parties to use the registration of the geographical indication as a rebuttable presumption of the eligibility for 
protection of that geographical 
indication; 
 
 (b) not refuse protection of the registered 
geographical indication on any of the grounds referred to in paragraph 3.2(a), (b) and (c) above; 
 
 (c) notify the [administering body] of any 
applications for trademark registration that contain or consist of a geographical indication that has been registered or applied for, if the 
notifying participating Member has 
required so. 
 
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geographical indication.  The issues will be deemed to have been proved unless evidence to the contrary is produced by the other party to the proceedings.  In effect, a rebuttable presumption is created in relation to the above 
three issues. 
5  
 
3. Any of the facts intended to be proved by 
the prima facie evidence in paragraph D.2 above may be rebutted by evidence to the contrary.  Members may further provide, if their 
legal system so permits, that costs may be 
awarded against the party who has unsuccessfully challenged the prima facie evidence.
6  
 _______________ 
 5  For jurisdictions where there is a distinction 
between legal burden and evidential burden of 
proof, the proposed legal tool will shift the 
evidential burden of proof on issues (a)-(c) 
mentioned in this paragraph. 
 6  Such a provision may help to deter potential 
abuse of the right to challenge the prima facie 
evidence on the basis of a Certificate of Registration. 
 
4. For the avoidance of doubt: 
 
(a)  A Participating Member may refuse 
protection 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 bodies having regard to 
the relevant local circumstances. 
  
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(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. 
 
In non-participating Members 
 
E. Participation  
 
2. The obligation to give legal effect to 
registrations under the system will only be binding upon Members choosing to participate in the system.  
  
6. Access for Other Members 
 
 Members who choose not to participate 
are encouraged, but are not obliged, to consult the Database in making decisions under their domestic law involving registration or 
protection of trademarks and geographical 
indications for wines and spirits. 
  
5. Legal effects in non-participating Members 
 
 Each non-participating Member which 
has not lodged a reservation in respect of a notified geographical indication within the 18-month period referred to in paragraph 3.2 
above, or which has withdrawn such a 
reservation, shall  
 
 (a) not refuse protection of the registered 
geographical indication for any of the grounds referred to in paragraph 
3.2(a), (b) and (c) above; 
 
 (b) notify the [administering body] of any 
applications for trademark registration that contain or consist of a geographical indication that has been 
registered or applied for, if the 
notifying participating Member has required so. 
 
  
 
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In least-developed country Members 
 
  6. Legal effects in least-developed country 
Members 
 
 With respect to any least-developed country Member, any legal effect referred to in paragraphs 4 and 5 above shall only become applicable when that Member is required to apply the provisions of Section 3 of Part II of the TRIPS Agreement. 
 
DURATION AND RENEWALS OF REGISTRATIONS  
   
C. Updating of the multilateral register  
 
1. Initial registrations shall be valid for a 
period of 10 years.  Subject to the payment of a 
specified fee, Participating Members may submit a request to the administering body for the renewal of registrations.  Each renewed term shall be a further period of 10 years, and there shall be no limit on the number of times 
renewals can be made.  
 
2. Participating Members requesting 
renewal of a geographical indication on the Register shall submit the information set out in paragraph A.2 above, subject to any factual 
changes that have occurr ed since the original 
registration or subsequent amendment.  Such applications shall be subject to a formality examination as described in Part B of this Annex. 
 
  
  
  
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MODIFICATIONS AND WITHDRAWALS OF NOTIFICATIONS AND REGISTRATIONS 
  
  
B. Registration 
 
5. The administering body shall notify the 
Participating Members of  any new or amended 
registrations.  This may be done by electronic 
means. 
 
C. Updating of the multilateral register 
 
3. The relevant Participating Members 
shall, as soon as possible, notify the 
administering body of any amendments or corrections to the registrations on the Register.  The administering body shall allow such amendments or corrections to the registrations 
if it is satisfied that the notification is in order 
and a specified fee has been paid. 
 
5. If any registered geographical indications are no longer protected or have fallen into disuse in the country of origin, the Participating 
Member who submitted the original application 
shall notify the administering body and such geographical indications shall be removed form the Register accordingly.  
 
6. Any Participating Member may notify 
the administering body that a registered 
geographical indication is refused protection by the courts, tribunals or administrative bodies in its country or territory on grounds permitted under Articles 22 to 24 of the TRIPS Agreement.  The administering body 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 7. Modifications of Notifications and 
Registrations of Geographical Indications 
 
 Each Participating Member may, at any 
time, submit to the WTO amended notifications 
of geographical indications.  The provisions of paragraphs 3 to 5 above shall apply to amended notifications. 
 
8. Withdrawals 
 
8.1 Each Participating Member may, at any time, withdraw a notifica tion it has made earlier 
of a geographical indication.   Any withdrawal 
shall be notified to the WTO Secretariat in 
writing. 
 
8.2 The previously-registered geographical 
indication for which the notification of withdrawal was made shall thereupon be removed from the Database. 
 7. Modifications of notifications and 
registrations  
 
 Each participating Member may, at any 
time, notify the modification of a notification it 
has made earlier of a geographical indication.  The provisions of paragraphs 2 to 6 above shall apply to the notification of such modifications. 
 
8. Withdrawals 
 
8.1 Each participating Member may, at any time, withdraw a notification it has made earlier of a geographical indication.  If the geographical indication ceases to fulfil the 
conditions for protection, including the 
requirement that a geographical indication be protected in the territory of the notifying Member and has not fallen into disuse in that territory (Article 24.9 of the TRIPS 
Agreement), the notifying Member shall 
withdraw the relevant notification.  Any withdrawal shall be notified to the administering body. 
 
8.2 The administering body shall, 
immediately after receipt of the notification of 
withdrawal of a notification of a geographical indication by a Member, circulate the notification of withdrawal to all Members and publish it on the Internet.  Any registration of the geographical indication shall be cancelled 
from the Register.  
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same time, record the refusal in the Register together with the reasons for refusal. 
4 
 
______________ 
 4 The recordal procedure is aimed at enhancing 
transparency.  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.  
 
TERMINATION OF PARTICIPATION IN THE SYSTEM 
   
 9. Termination of Participation 
 
 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, all 
geographical indications previously notified by that Member shall be removed from the Database.  13. [Withdrawals from the system] 
 
 
FEES AND COSTS 
   
A. Notification 
 
2. Notifications submitted shall include the 
following: 
 
 ... 
 
 (g) the requisite fee.3 
______________ 
 3  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.   9. Fees and costs 
 
9.1 Each notification of a geographical 
indication or of the modification of that notification shall be subject to the payment of a fee.  However, any participating least-
developed country Member shall be exempted 
from the payment of such fees.  
 
9.2 The amounts of the fees shall be fixed by the [committee responsible for managing the system] so as to cover all the expenses incurred 
by the administering body in connection with 
the administration of the system. 
 
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9.3 The initial cost of setting up and administering the multilateral system shall be borne by the central budget of the administering body and subsequently reimbursed from the fees.  
 
9.4 The participating Member may fix, at its 
own discretion, and collect, for its own benefit, 
a fee which it may require from the applicant for multilateral registration or from the holder of the multilateral registration in connection with the filing of the multilateral application [or the renewal of the multilateral registration]. 
 
9.5 The registration of a geographical indication shall be subject to the advance payment of a multilateral fee which shall include, 
 
 (i) a basic fee; 
 
 (ii) an individual fee. 
 
9.6 The basic fee shall cover the costs described in paragraphs 9.2 and 9.3.   
 
9.7 The individual fee shall cover the costs incurred by WTO Members requested to 
provide, for a given application, 
 
 (a) the information indicated in paragraph 
3.3 in a manner that would cover but not exceed the cost for a given Member to produce a search report 
indicating whether there are any 
trademarks containing or consisting of a notified geographical indication. 
 
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 (b) the information regarding the 
monitoring regarding conflicting trademark applications subsequent to the registration of a geographical indication pursuant to paragraph 4(c) 
and 5(b) above. 
 
9.8 WTO Members shall notify the national 
component of the individual fee which it wishes to receive, amount which may be changed later but may not be higher than the equivalent of the 
amount which the relevant administration of the 
WTO Member would be entitled to receive from a national applicant in the framework of a domestic procedure, where such an individual fee is payable.  The notification of a national 
component should be based on a duly 
substantiated statement. 
 
9.9 For each individual application, the WTO Secretariat will calculate the addition of 9.5(i) and (ii) above and indicate it to the 
applicant.  The applicant WTO Member will 
pay those fees in advance. 
 
9.10 WTO Members shall commit to provide trade-related technical assistance to developing and least-developed countries with a view to enabling them to profit and actively participate 
in the system. 
    
 
  
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REVIEW   
 
F. Review 
 
 The notification and registration system 
shall be subject to review after [four] years from establishment of the system.  In particular, the question of scope of participation should be re-
visited as part of the review. 
  
 
14. [Review by competent committee] 
 
 
CONTACT POINT   
 10. Contact  point 
 
 Each Participating Member shall notify 
to the WTO a contact point, from which further 
information on geographical indications notified 
by that Member can be obtained.  The WTO Secretariat shall publish the contact points in the Database. 10. Contact  point 
 
 Each Member shall notify to the 
administering body a contact point at the national 
level, from which other Members can obtain 
clarifications or further information on geographical indications notified by that Member.  The administering body shall circulate the notification to all Members and publish it on the 
Internet. 
    
 
    
 
     
 
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ADMINISTERING BODY/OTHER BODIES 
   
A. Notification 
 
1. ... the administering body2... .  
_______________ 
 2  So far the proposals from Members appear to be 
suggesting that the WTO Secretariat should be 
responsible for the operation of the system.  
Consideration may be given to whether other 
suitable international organizations should be 
charged with the responsibility of operating the 
system. 
 
C.  Updating of the multilateral register 
 
4. The administering body shall be 
responsible for the compilation, maintenance and updating  of the Register. 
  11. [Committee responsible for managing 
the system] 
 
12. [Administering body] 
 
DATE OF ENTRY INTO OPERATION 
   
 11. Date of entry into operation 
 15. [Date of entry into operation]  
 
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