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David Vivas Eugui UNCTAD, Commercial Diplomacy Programme

UNCTAD. THE NEGOTIATIONS ON GEOGRAPHICAL INDICATIONS AT THE WTO AND THEIR EFFECTS ON AGRICULTURE NEGOTIATIONS. David Vivas Eugui UNCTAD, Commercial Diplomacy Programme. UNCTAD. GEOGRAPHICAL INDICATIONS. The definition as contained in the TRIPS implies : The identification of origin;

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David Vivas Eugui UNCTAD, Commercial Diplomacy Programme

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

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

  3. 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 BASIC CONCEPTS INVOLVED IN THE GEOGRAPHICAL INDICATIONS (G.I.)

  4. 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 BASIC CONCEPTS INVOLVED IN THE GEOGRAPHICAL INDICATIONS (G.I.)

  5. UNCTAD 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.

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

  7. 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 RISKS AND BENEFITS FOR THE DEVELOPING COUNTRIES

  8. 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 RISKS AND BENEFITS FOR THE DEVELOPING COUNTRIES

  9. UNCTAD 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.

  10. UNCTAD 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.

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