summary_report_doha_impact_trips.doc

summary_report_doha_impact_trips.doc - "Doha's Impact on...

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"Doha's Impact on TRIPS: Balancing Geographical Indications (GIs) Protection" organized by the International Trademark Association (INTA) 1 May 2002, 0900 - 1130 Introduction: Doha Declaration Paragraph 18 states: 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 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. We note that issues related to the extension of the protection of geographical indications provided for in Article 23 to products other than wines and spirits will be addressed in the Council for TRIPS pursuant to paragraph 12 of this declaration. This panel considered the two aspects of Paragraph 18, namely, the multilateral system of notification and registrations of GIs for wines and spirits, and possible extension of TRIPS Article 23 GI protection to products other than wines and spirits. The panel consisted of the following participants: INTA: Clark Lackert, Chehrazade Chemcham EU: Antonio Berenguer US: Dominic Keating French Roquefort Confederation: Anne Richard Miguel Torres SA: Luis de Javier Danish Dairy Board: Hans Bender Clark Lackert, INTA Moderator (Chair of INTA International Amicus Committee and Partner in King and Spalding, New York) introduced the debate by explaining what GIs are and how they are protected. He also explained INTA concerns and the challenges that Article 18 of the Doha Declaration presents. Mr. Lackert enumerated the relevant international treaties protecting GIs such as: the Paris Convention, the Madrid Agreement; the Lisbon Agreement, the TRIPS Agreement and regional legislation such as the EU Regulation. He explained INTA position on the Protection of GIs under the TRIPS Agreement which is
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contained in the INTA Board of Directors Resolution of 1997 which endorses the “First in Time, First in Right” principle (available at .) found in TRIPS Article 16(1) when read together with the saving clause of TRIPS Article 24(5), and elsewhere. This principle is endorsed by other organizations such as OIV (1994), which support the concept of treating trademarks and GIs equally, with conflicts between them being resolved by means of the principle of priority. He also mentioned INTA’s critical analysis of the EU Foodstuffs Regulation (2081/92) which is also available on the INTA website. INTA remains concerned about the international or national registers of GIs. INTA has questions on the TRIPS Agreement and on whether or not these GI provisions have been understood. INTA believes that it is important to look at the legitimate concerns of developing countries and finally establish an ultimate balance between trademark and GI protection.
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