. /.WORLD TRADE
ORGANIZATIONWT/DS290/18
19 August 2003
(03-4315)
Original:  English
EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS
AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL
PRODUCTS AND FOODSTUFFS
Request for the Establishment of a Panel by Australia
The following communication, dated 18 August 2003, from the Permanent Mission of
Australia to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the
DSU.
_______________
My authorities have instructed me to request the establishment of a panel on behalf of
Australia.
On 17 April 2003, Australia requested consultations with the European Communities (EC)
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes  (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994  (GATT 1994),
Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property Rights  (TRIPS
Agreement) and Article 14 of the Agreement on Technical Barriers to Trade  (TBT Agreement)
concerning the protection of trademarks and the registration and protection of geographicalindications for foodstuffs and agricultural products in the EC.  The request was circulated to Members
on 23 April 2003 in document WT/DS290/1.  Consultations were held on 27 May 2003 but did not
lead to a resolution of the dispute.
Consequently, Australia requests that a panel be established pursuant to Articles 4.7 and 6 of
the DSU, Article XXIII:2 of GATT 1994, Article 64 of the TRIPS Agreement and Article 14 of the
TBT Agreement.
The measure at issue is Council Regu lation (EEC) No. 2081/92 of 14 July 1992 on the
protection of geographical indications and designations of origin for agricultural products andfoodstuffs , any amendments thereto (including Council Regulation (EC) No. 692/2003 of 8 April
2003, published in the Official Journal of the European Union  No. L99 of 17 April 2003), and related
implementing and enforcement measures ("the EC measure").  The EC measure lays down and
implements rules on the protection of designations of origin and geographical indications for
agricultural products and foodstuffs, excluding wines and spirits.
Australia is of the view that the EC measure:
• diminishes the legal protection for trademarks under the TRIPS Agreement, contrary
to Articles 1, 2 (incorporating by reference Articles 6 quinques (B), 10, 10 bis and 10 ter
of the Paris Convention (1967)), 16, 20, 24.5, 41 and/or 42 of the TRIPS Agreement;WT/DS290/18
Page 2
• does not accord immediately and unconditionally to the nationals and/or products of
each WTO Member any advantage, favour privilege or immunity granted to thenationals of any other WTO Member, contrary to Articles 1 and 4 of the TRIPS
Agreement and/or Article I:1 of GATT 1994;
• does not accord to nationals and/or products of each WTO Member treatment no less
favourable than that it accords to its own nationals and/or like products of national
origin, contrary to Articles 1, 2 (incorporating by reference Article 2 of the Paris
Convention (1967)) and 3.1 of the TRI PS Agreement and/or Article III:4 of
GATT 1994;
• does not provide the legal means for interested parties to prevent misleading use of a
geographical indication and/or to prevent any use of a geographical indication which
constitutes an act of unfair competition within the meaning of Article 10bis of the
Paris Convention (1967), contrary to Articles 1 and 22.2 of the TRIPS Agreement;
• is not applied in a transparent manner, contrary to Articles 1, and 63.1 and 63.3 of the
TRIPS Agreement;
• is a technical regulation within the meaning of Annex 1 to the TBT Agreement, does
not accord to products imported from the territory of any WTO Member treatment no
less favourable than that accorded to like products of national origin and/or to likeproducts originating in any other country, and/or has been prepared, adopted and/or
applied with the effect of creating unnecessary obstacles to trade, being more trade-
restrictive than necessary to fulfil a legitimate objective, taking account of the risks
non-fulfilment would create, contrary to Ar ticles 2.1 and 2.2 of the TBT Agreement;
and that, as a consequence of the EC measure’s inconsistency with the abovementioned provisions of
the TRIPS Agreement, GATT 1994 and/or the TBT Agr eement, the EC is not in conformity with its
obligations:
• under Article 65.1 of the TRIPS Agreement to apply the provisions of that
Agreement, as the period of one year following the date of entry into force of the
WTO Agreement has expired;  and/or
• under Article XVI.4 of the Marrakesh Agreement Establishing the World Trade
Organization , to ensure the conformity of its laws, regulations and administrative
procedures with its obligation as provided in the annexed Agreements.
Australia requests the establishment of a panel with terms of reference in accordance with
Article 7.1 of the DSU.
I would be grateful if you would place this item on the agenda for the next DSB meeting
scheduled for 29 August 2003.
__________