Brussels, 28/12/2004 (Agence Europe) - The provisional conclusions of the WTO panel on geographical indications do not challenge the EU's register of geographical indications, said the European Commission on 22 December. On 21 December, the United States welcomed the outcome of the confidential panel report (to be officially unveiled in March 2005) as agreeing with the US rather than the EU. Under 1992 legislation, the EU requires non-EU countries to provide equal protection for geographical indications of European products as is found in the EU, failing which their own labels of origin will not be recognised by the EU25.
Two different interpretations
Unlike US Trade Representative Robert Zoellick, we do not see the conclusions of the WTO panel as challenging the EU geographical indications system, said a Commission spokesperson, regretting that the confidentiality rules on WTO dispute regulation panels' reports submitted to the complainants had been violated. Refusing to comment further on the panel's conclusions, the spokesperson rejected the line taken by the US, noting that the EU system does not refuse access to geographical indications from outside the EU. The spokesperson said the Commission was eagerly awaiting requests for geographical indications from outside the EU, particularly from the US. The Commission argues that the WTO report strengthens and approves the EU system in the sense that it recognises the co-existence of geographical indications and trade marks. The panel concluded that co-existence between geographical indications and trade marks was perfectly in line with WTO rules. The spokesperson explained that the EU was continuing its work to extend geographical indications arrangements under the Doha trade round.
The office of US Trade Representative Robert Zoellick said that the WTO panel agreed with the United States that EU regulations create discrimination against US products and producers. Zoellick said the panel's ruling was a great victory for US farmers and food manufacturers. We took the case to the WTO, he said, because in our opinion, according to WTO rules, US farmers and producers should have the same access to protection of geographical indications as European producers. The report means that the EU will have to allow US companies to register geographical indications even if the US does not have a comparable classification system, said a US trade official. We also welcome the panel's conclusions whereby, said Zoellick, protection for geographical indications should not affect the rights of protected trade marks.