Bilaterals

CH renewed energy

on bilateral GI agreements

• Protect a high number of EU GIs with commercial value

• Secure a solid level of protection (including administrative enforcement)

• Solve problematic cases concerning the alleged genericity of EU GIs and conflicts with TMs

• WTO blockage

• Requests of EU commercial partners

• Growth and commercial success of EU agricultural GIs

The USA approach

Objectives of the new approach

Ratio of the new approach

• Agreements on the protection of GIs: 2010 with Switzerland on agricultural GIs (wines & spirits covered by a previous agreement); current negotiations with China

• FTAs with Chapter on GIs: Republic of Korea (2009) covering all GIs; Canada (signed in 2014) covering agricultural products (wines & spirits covered by a previous agreement)

• FTA with a clause on the future negotiation of a GI Agreement: Association Agreement with Morocco

• Cooperation Agreements: with ACP countries

• 60's & 70's: bilateral agreements on the protection of indications of source, appellations of origin and geographical names

• 2010's: protection and recognition of GIs and appellations of origin: more solid protection & protection of "Switzerland" and "Swiss cross" (Russia, Jamaica)

Examples

From the"containment" of the UE strategy to a more proactive approach:

• "GIs unfriendly" clauses in the TPP

• More active participation in the Lisbon reform and questions raised as to the Agreement financial sustainability

• Direct protection of GIs (Switzerland, Canada, etc.) v. national phase (Andean Community, Central America, Singapore)

• Establishment of priority GI list (Commission Member States, associations of producers)

• Truly open lists? (Canada)

• Exceptions to full GI protection (Canada)

• GIs/TMs coexistence clauses

• Non-agricultural GIs (Andean Community, negotiations with India)

Problematic issues

• From a sectoral approach:

i. Protection of wines and spirits (Canada, Chile) ii. Protection of wines (USA, Australia)

iii. Protection of spirits (Mexico)

• To a more comprehensive approach:

i. Wider in scope (protection of wines, spirits and agricultural GIs in FTA, GI agreements and cooperation agreements)

ii. Non-agricultural GIs(?)

iii. Identification of a priority list of EU GIs to be protected

EU renewed energy

on GI bilateral agreements

WTO:

Crisis of the multilateral approach?

The revision of the

WIPO Lisbon Agreement

("plurilateral" approach)

Recent trends in multilateral,

bilateral and "plurilateral"

negotiations on GIs

• 1994 TRIPs Agreement (including GIs)

• 2001 ambitious Doha Development Round

• 2000's: "years of emerging economies"

• 2008 W52 proposal on multilateral registry, GI extension and patent disclosure

• Failure of the 2008 Ministerial Conference

• Concluded in 1958
• 28 member countries and some 900 product names registered
• Strong protection for all appellations of origin (does not refer to GIs)
• Flexibilities (member countries can refuse the protection of an appellation registered via the agreement)
• Since 2009: Working Group for the Agreement reform
• Issues: inclusion of GIs, solid protection, clarification of relations with TMs, ratification open to IO
• May 2015: Diplomatic Conference(??)

Summary

• oriGIn
• Multilateral approach (WTO)
• Bilateral approach (UE, CH)
• "Plurilateral" way (WIPO)
• The USA strategy
• Some conclusions

Some conclusions

• Crucial phase for GIs at the international level ("final battle": TTIP)

• Trends towards a solid level of protection for all GIs & a certain degree of administrative enforcement

• Serious risk of conflict of rules

• How to make coherent at the multilateral level the solutions found at bilateral/"plurilateral" level