1 THE NEGOTIATIONS ON GEOGRAPHICAL INDICATIONS AT THE WTO AND THEIR EFFECTS ON AGRICULTURE NEGOTIATIONS David Vivas Eugui UNCTAD, Commercial Diplomacy Programme UNCTAD

2 GEOGRAPHICAL INDICATIONS The definition as contained in the TRIPS implies : The identification of origin; The indication of the origin; The geographical indication. UNCTAD

3 BASIC CONCEPTS INVOLVED IN THE GEOGRAPHICAL INDICATIONS (G.I.) Basic purposes of G.I.: They are tools to establish differences in the markets; They acknowledge the value of traditional knowledge and handicraft; They take into account environmental and human factors. UNCTAD

4 BASIC CONCEPTS INVOLVED IN THE GEOGRAPHICAL INDICATIONS (G.I.) Legal principles contained in the TRIPS: GIs are part of the intellectual property rights; Consumer’s protection; Protection against unfair competition; More important than trade marks; Grandfathering. UNCTAD

5 THE NEGOTIATIONS ON GEOGRAPHICAL INDICATIONS Negotiating mandates before Doha: Negotiations on wines; Start working for the inclusion of spirits; Review the Chapter on G.I. in the TRIPS; New Negotiating mandates agreed in Doha. UNCTAD

6 NEGOTIATING POSITIONS BEFORE DOHA In favour: EU Switzerland Eastern Europe India, Pakistan Some African countries Andean countries Against: USA Japan Mexico Mercosur South Africa Australia New Zealand UNCTAD

7 RISKS AND BENEFITS FOR THE DEVELOPING COUNTRIES Risks: The G.I. are not registered in the developing countries; The benefits are potential; The procedures of registration may be cumbersome; G.I. do not avoid technical barriers. UNCTAD

8 RISKS AND BENEFITS FOR THE DEVELOPING COUNTRIES Benefits: The G.I. allow to differentiate the agriculture products; The consumers can identify the origin and the quality; The GI allow to access the “niches” in the markets; Collective marketing can be made; Contribute to tourists’attraction; Stimulate local investments. UNCTAD

9 LINKS WITH THE NEGOTIATIONS ON AGRICULTURE The specificity of agriculture products has implications on: The market access; The traditional processes of production; The labelling and eco-labelling. UNCTAD

10 SOME RECOMMENDATIONS WHEN PREPARING FOR NEGOTIATIONS: Prepare the list of products which have a “G.I. Potential”; Dissemination and training on the utilization of G.I.; Encourage associations of producers and joint ventures; Foster mechanisms of automatic registration; Prepare national technical standards; Compile the information on the “niches” in the international markets. UNCTAD