WORLD TRADE
ORGANIZATIONWT/DS174/1
IP/D/19
7 June 1999
(99-2282)
Original:  English
EUROPEAN COMMUNITIES - PROTECTION OF TRADEMARKS AND GEOGRAPHICAL
INDICATIONS FOR AGRICULTURAL PRODUCTS AND FOODSTUFFS
Request for Consultations by the United States
The following communication, dated 1 June1999, from the Permanent Mission of the
United States to the Permanent Delegation of the Eu ropean Commission and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
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My authorities have instructed me to reques t consultations with the European Communities
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) (to the extent that it incorporates by reference Article XXIII of the
General Agreement on Tariffs and Trade 1994) regarding the protection of trademarks and
geographical indications for agricultural products and foodstuffs in the European Communities.
The TRIPS Agreement obligates all Members of the World Trade Organization (WTO) to
accord to the nationals of other Members treatment no less favourable than that it accords to its own
nationals with regard to the protection of intellectual property.  The TRIPS Agreement also requires
each Member to ensure that protection for geographical indications does not undermine legal
protection for pre-existing trademarks.  In light of the European Communities' status as a developed
Member of the WTO, the TRIPS Agreement applied to it on 1 January 1996.
The European Communities' Regulation 2081/92, as amended, does not provide national
treatment with respect to geographical indications, and does not provide sufficient protection to pre-
existing trademarks that are similar or identical to a geographical indication.  This situation appears to
be inconsistent with the European Communities' obligations under the TRIPS Agreement, including
but not necessarily limited to Articles 3, 16, 24, 63 and 65 of the TRIPS Agreement.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.  In accordance with Article 4.4 of the DSU, this request for
consultations will be notified to the Dispute Settlement Body and the Council on Trade-RelatedAspects of Intellectual Property Rights.
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