The Brussels Draft Sample Clauses
The Brussels Draft. This draft165 came very close to the current Article 71. It provided:
1. PARTIES shall review the implementation of this Agreement after the expi- ration of the transitional period referred to in paragraph 2 of Article [65]. They shall, having regard to the experience gained in its implementation, review it [-] years after that date, and at identical intervals thereafter. The PARTIES may under- take reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement.
2. Amendments merely serving the purpose of adjusting to higher levels of pro- tection of intellectual property rights achieved, and in force, in other multilateral agreements and accepted by all PARTIES may be adopted by the Committee.” The first paragraph derived from the “A” proposal under the Anell Draft and thus established the obligation of Members to have their domestic legislation reviewed by the TRIPS Council (referred to as the “Committee” in the Brussels draft).166 The second paragraph was directly taken from the “B” proposal in the Anell Draft (see above).
The Brussels Draft. The Anell composite text emerged with modification in the Brussels Ministerial Text in December 1990.
The Brussels Draft. The Chairman’s Note to the December 1990 Brussels Ministerial Text indicated, “In regard to Section 3 of Part II on Geographical Indications, it should be made 364 See Article 23.4 of the Draft Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods. Included in the “▇▇▇▇▇▇ Draft” of December 1991 (part of document MTN.TNC/W/FA, dated 20 December 1991). 365 For more details on the relationship between bilateral TRIPS-plus provisions on geographical indications and the MFN obligation, see below, Section 3 of this chapter (regarding Article 24.1 TRIPS). clear that there are still considerable differences on Articles 25, 26 and 27”. The text provided:366 “SECTION 3: GEOGRAPHICAL INDICATIONS Article 24: Protection of Geographical Indications
1. Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a PARTY, or a region or locality in that territory, where a given quality or other characteristic on which its reputation is based is essentially attributable to its geographical origin.
2. In respect of geographical indications, PARTIES shall provide in their domestic law the legal means for interested parties to prevent:
(a) the use of any means in the designation or presentation of a good that indi- ▇▇▇▇▇ or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;
(b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).