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II.
Issues:
While
Article 23 mandates the negotiations mentioned
above, proponents of GIs, however, wish to extend
the intellectual property right (IPR) protection
to GIs to additional products other than for wines
and spirits. Members are divided over whether or
not there is mandate to extend the negotiations to
cover other products. Members are also divided
whether the resulting GI protection for wines and
spirits are mandatory or voluntary as implied by
the reference to "those Members participating in
the system".
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III.
Status
There
has been no change in the negotiating positions.
Nonetheless, there has been useful work on
notification procedures and discussions of the
legal implications of the registry.
The
EU has been the main proponent of the enhancement
of the existing level of protection for GIs as
against those who argue that the present TRIPs
Agreement already provides the GI protection
required which needs only to be facilitated.
The
question of legal effects and participation has
become difficult outstanding issues. The
proponents have insisted that participation be
made mandatory as opposed to other Members
including the
Philippines
who proposes a voluntary approach if ever.
Outside of the proponents, Members argue that the
notification and registration process is already
an additional obligation whereas the multilateral
trading system should not add or diminish to
Members' rights and obligations.
The EU together with Switzerland, Bulgaria, India,
Pakistan, Sri Lanka, Thailand and Turkey have also
been the proponents of GI extension to other
products where the same issues on legal effects
and participation must be sorted out.
The
EU envisions a situation where non-participating
Members which have not lodged a challenge in
respect of a notified GI within 18 months or which
has withdrawn such challenge, shall not refuse to
protect the registered GI in their territory.
Other Members argue against this "rebuttable
presumption" and cite the administrative costs
and burden specially among developing countries of
any such registration system.
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IV.
Unofficial
Policy Thinking and Suggestions
The
Philippines
should work towards a voluntary participation in
the multilateral system of notification of GIs for
wines and spirits. Meanwhile, the
Philippines
should assess the proposal for the extension of
protection of GIs to other products to determine
whether or not in the whole there are commercial
implications and positive benefits to the country.
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