Source: EURLEX
Language: en
Format: md

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# 91999E2549

**WRITTEN QUESTION E-2549/99 by Paul Rübig (PPE-DE) to the Commission. Exclusive designations for types of beer.** 
  
*Official Journal 303 E , 24/10/2000 P. 0078 - 0079*

  

WRITTEN QUESTION E-2549/99

by Paul Rübig (PPE-DE) to the Commission

(4 January 2000)

Subject: Exclusive designations for types of beer

A few months ago a proposal was made that the allocation of traditional names for breeds of horse should be restricted to a particular geographical region. Thankfully the Commission opposed the adoption of such protectionist measures.

Now efforts are also being made to introduce exclusive designations for types of beer, which would thus be given the same protection as types of wine. However, the designation of a type of beer, unlike wine, does not so much indicate its geographical origin as a particular production or brewing method.

How does the Commission intend to oppose this renewed attempt to bring about a protectionist restriction on world trade on the eve of the WTO Millennium Round? How does it intend to ensure, particularly in the current negotiations with the candidate countries, that the principle of free trade is understood and enforced?

Answer given by Mr Lamy on behalf of the Commission

(24 January 2000)

The Commission notes the well-known concerns expressed by the Honourable Member concerning advance protection of beer varieties. In the current discussions within the World trade organization (WTO) Agreement on trade-related aspects of intellectual property rights (TRIPs agreement) concerning the establishment of a so-called multilateral register for the protection of wines and spirits, the Commission is also considering the proposal of an increase of protectable subject matters in order to include other agricultural and foodstuff products

A multilateral register will have to be based on the TRIPs agreement and, thus, has to fully respect the provisions contained therein. This implies that WTO members do not have to grant protection for geographical indications with respect to goods if it is demonstrated that the relevant indication is identical with the term customary in common language. Consequently, WTO members do not have to grant protection to these so-called generic names which might relate to a certain production method rather than to a geographical indication. The future register will not change this essential provision since as far as a geographical name is concerned the matter could be challenged through an objection by the WTO member concerned.

The discussions will, therefore, lead to an enhanced protection for European right-holders without necessarily distorting free trade in products with generic names.

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