USTR Seeks Comments on WTO Dispute Over EC's Protection of Geographical Indications for Agricultural Foodstuffs
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting written comments by March 26, 2004 concerning the establishment of a World Trade Organization (WTO) dispute settlement panel to examine the European Communities (EU) Regulation 2081/92, as amended, which governs the protection of geographical indications for agricultural foodstuffs.
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According to the USTR, the U.S. believes this measure to be inconsistent with several provisions of the WTO Trade-Related Aspects of Intellectual Property Agreement (TRIPS) and certain articles of General Agreement on Tariffs and Trade 1994 (GATT 1994).
Highlights of U.S. Concerns Over EC Protection of Geographical Indications
USTR sources indicate that this dispute focuses on food products and beer, but does not include wine or spirits. These sources state that under the EC's regulations products that do not originate in a specific region cannot be labeled as such (for example, Roquefort varieties of cheese and Parma-type hams could not be labeled as "Roquefort" or "Parma" if they did not originate in those geographic regions.)
The USTR explains that the U.S.' concerns are, among other things, that EC Regulation 2081/92 does not provide the same treatment to other nationals and products originating outside the EC that it provides to the EC's own nationals and products.
The USTR states that the DSP panel will hold its meetings in Geneva, Switzerland and is expected to issue a report on its findings and recommendations within six to nine months after it is established.
(Although this dispute deals with only food products and beer, in September 2002 the U.S. and other trading partners proposed a voluntary notification system that would be intended to prevent the unauthorized use of geographic names for wines and spirits. This proposal was issued as an alternative to a proposal put forth by other WTO members, including the EU.
USTR sources state that both proposals on wines and spirits are still under debate in the WTO's TRIPS council. These sources also noted that the debate surrounding the proposals for wine and spirits would not affect the outcome of the U.S.' dispute over EU Regulation 2081/92. See ITT's Online Archives or 10/01/02 news, 02100135, for BP summary of the U.S. and other WTO members proposal with regard to wines and spirits.)
- submit comments on or before March 26, 2004 to be assured of timely consideration.
USTR Contact - Victoria Espinel (202) 395-5961
USTR Notice (D/N WTO/DS-174, FR Pub 03/04/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-4805.pdf