International Negotiations; Exceptions. 1. Members agree to enter into negotiations aimed at increasing the protection of individual geographical indications under Article 23. The provisions of paragraphs 4 through 8 below shall not be used by a Member to refuse to conduct negotiations or to conclude bilateral or multilateral agreements. In the context of such negotiations, Members shall be willing to consider the continued applicability of these provisions to individual geographical indications whose use was the subject of such negotiations.
International Negotiations; Exceptions. Article 24 explicitly obligates member countries to enter into negotiations aimed at increasing the protection for GIs for wines and spirits, and, as a precautionary measure prevents member countries from using the exceptions listed in Article 24 as an excuse to avoid further negotiations.50 In addition, in order to protect the status quo in countries that provide greater protection for GIs than what is called for under TRIPS, Article 24 prohibits member countries from diminishing protection for GIs that existed prior to the TRIPS Agreement coming in to force.51 Article 24 provides several exceptions to the general rules stated in Articles 22 and 23.52 First, a member country does not need to prevent the continued use of a GI of another member country identifying wines or spirits if that GI has been used continuously by a national of that country for (a) at least ten years prior to April 15, 1994, or (b) in good faith prior to that date.53 Second, in the case of a good faith application or registration of a trademark which incorporates a GI, Article 24 provides that the validity or eligibility will not be prejudiced if the trademark is acquired or registered (a) prior to the date of application of its provisions, or (b) before the GI has been protected in its country of origin.54 Finally, in the case where a GI has become a common name for a good, or the GI has become synonymous with the customary name of a grape variety within the country, that member country does not need to protect the GI.55
