WORLD TRADE  
ORGANIZATION  IP/C/W/547/Add.1 
3 June 2010 
 (10-3073) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE  
PROVISIONS  OF THE SECTION OF THE TRIPS AGREEMENT 
ON GEOGRAPHICAL INDICATIONS 
 
Information on Bilateral Agreemen ts Related to the Protection  
of Geographical Indications1 
 
KOREA 
 
Addendum  
   The following communication, dated 31 May 2010, is being circulated at the request of the 
delegation of Korea.   
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1 See WTO/AIR/3550. IP/C/W/547/Add.1 
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  I.  Korea-Chile FTA (date of entry into force : 1 April 2004) 
 
 
PART V.  Intellectual Property Rights  
 Chapter 16.  Intellectual Property Rights 
  Article 16.4  Protection of Geographical Indications 
 
 
1.  For the purpose of this Agreement, geogra phical indications are indications, which identify 
a good as originating in the territory of a Party, or a region or locality in that territory, 
where a given quality, reputation or other characteristic of the good is essentially 
attributable to its geographical origin. 
 2.  With the recognition of the importance of the protection of geographical indications, both 
Parties shall protect, in compliance with their respective domestic legislation, the 
geographical indications of the other Party regist ered and/or protected by that other Party, 
that fall within the scope of protection st ated in Articles 22, 23 and 24 of the TRIPS 
Agreement. Further to the acceptance of this  obligation, both Parties shall not permit the 
importation, manufacture and sale of products , in compliance with their respective 
domestic legislation, which use such geographi cal indications of the other Party, unless 
such products have been produced in that other Party. 
 
3.  Chile shall protect the geographical indications listed in Annex 16.4.3 for their exclusive 
use in products originating in Korea. Chile shall prohibit the importation, manufacture and 
sale of products with such geographical indications, unless they have been produced in Korea, in accordance with the applicable Korean law.   
 
4.  Korea shall protect the geographical indica tions listed in Annex 16.4.4 for their exclusive 
use in products originating in Chile. Korea sh all prohibit the importation, manufacture and 
sale of products with such geographical indications, unless they have been produced in 
Chile, in accordance with the applicable Chil ean law.  This shall in no way prejudice the 
rights that Korea may recognize, in addition to Chile, exclusively to Peru with respect to 
"Pisco".  
 
5.  Within two years from the entry into force of  this Agreement, both Parties shall enter into 
consultations to protect additional geogra phical indications. As a result of these 
consultations, both Parties shall protect and/or  recognize, under the terms stated in this 
Agreement, the geographical indications listed in Annex 16.4. 5 and any additional 
geographical indications submitted by the Parties that fall within the scope of protection of 
geographical indications set out in Articles 22, 23 and 24 of the TRIPS Agreement.  IP/C/W/547/Add.1 
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Annex 16.4.3 Geographical Indications of Korea 
 - Korean Ginseng (for Ginseng) 
- Korean Kimchi (for Kimchi) - Boseong (for Tea) 
Annex 16.4.4. Geographical Indications of Chile 
 - Pisco (for wine and spirits) 
- Pajarete (for wine and spirits) - Vino Asoleado (for wine) 
Annex 16.4.5. Geographical Indications of Wines Originating in Chile 
  
Wines of the following regions, sub regions and zones:  Viticole Region of Atacama - Subregion : Valle de Copiapo - Subregion : Valle del Huasco 
 
Viticole Region of Coquimbo - Subregion : Valle del Elqui - Subregion : Valle del Limari - Subregion : Valle del Choapa 
 
Viticole Region of Aconcagua - Subregion : Valle de Aconcagua - Subregion : Valle de Casablanca  
Viticole Region of  Valle Central 
- Subregion : Valle del Maipo - Subregion : Valle del Rapel  Zone : Valle de Cachapoal  Zone : Valle de Colchagua - Subregion : Valle de Curico 
 Zone : Valle del Teno 
 Zone : Valle del Lontue - Subregion :  Valle del Maule  Zone : Valle del Claro  Zone : Valle del Loncomilla 
 Zone : Valle del Tutuven 
 Viticole Region of  the South/Sur - Subregion : Valle del Itata - Subregion : Valle del Bio-Bio 
 IP/C/W/547/Add.1 
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  II. Korea-EFTA FTA (date of entry into force : 1 September 2006)  
 
 
Chapter 7. Intellectual Property 
 Article 7.1 Protection of Intellectual Property
 
  
1.  The Parties shall grant and ensure adequa te, effective and non-discriminatory protection of 
intellectual property rights, and provide for me asures for the enforcement of those rights 
against infringement, including counterfeiting and piracy, in accordance with this Article 
as well as Annex XIII and the internati onal agreements referred to therein.  
 
Annex XIII. Referred to in Paragraph 1 of Article 7.1 Intellectual Property Rights 
 Article 5.  Geographical Indications  
 
1.  The Parties shall provide in their national la ws for adequate and effective means to protect 
geographical indications, including appellations  of origin, with regard to all goods. 
 
2.  With regard to the use of such indications  for services, the Parties shall provide in their 
national laws for adequate and effective mean s to prevent the use of indications in a 
manner that misleads the public regarding th e geographic origin of the service or that 
otherwise constitutes an act of unfair competition.4 
 
 FN 4. It is up to the Parties to define which use constitutes an act of unfair competition. 
  
 
 
3.  Korea, Iceland, Liechtenstein and Switzer land agree to initiate negotiations on the adoption 
of an agreement on the mutual protection of geographical indications three years after the 
entry into force of this Agreement. 
 
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