‘Bound By Law’, 26 Lisbon Members Say No To Fully Open Diplomatic Conference On GIs

The ambassadors of all but two members of a 28-member World Intellectual Property Organization-administered treaty protecting appellations of origin said in a letter yesterday that international law requires that only treaty members participate in next week’s negotiations to add geographical indications to the treaty.

“[I]n response to the request of some countries to be granted the status of Member, we would like to emphasise that we are all bound by existing international law,” the letter states.

The Diplomatic Conference for the Adoption of a New Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, taking place from 11-21 May is expected to agree on amending the current agreement so that it includes geographical indications and allows intergovernmental organisations to become members of the revised agreement.

The 5 May letter is available here [pdf] (in French [pdf]). The letter was presented with a note verbale [pdf] to WIPO for distribution to all non-Lisbon WIPO members by the delegation of France.

The two Lisbon members not signing were Israel and North Korea.

The letter says the review process of the agreement started in September 2008 through a Working Group on the Development of the Lisbon System and sessions of such working group “have been systematically open to all members” of WIPO.

“Rest assured that we will continue to work in the same spirit of dialogue and transparency throughout the Diplomatic Conference,” the letter says, adding that Lisbon members will remain open to discuss any proposals from observers “with the aim of improving the system.”

Concerns have been raised by a number of WIPO members, such as the United States, Japan, Australia, Canada, and Israel (a Lisbon member) about the draft rules of procedures preventing the remainder of WIPO members from fully participating.

The Lisbon members’ letter refers to Article 39 and 40 of the Vienna Convention on the Law of Treaties and Article 13 of the Lisbon Agreement, “which provides that the agreement may be revised by conferences held between the delegates of the countries of the Special Union.”

“We do hope that you will understand that the Observer status for the Non-members of the Lisbon system is in conformity with our international rights and obligations and is not, in any way, questioning our attachment to the values of inclusiveness and transparency in WIPO negotiation processes.”

The United States has criticised the process of the diplomatic conference, saying it would set a “dangerous precedent” if the rules of procedures were not amended so that the whole WIPO membership can participate (188 members) (IPW, WIPO, 7 May 2015). The opponents argue that the text on GIs is a new treaty, not an amendment to Lisbon, giving them the right to participate.

According to Olivier Martin, diplomatic counsellor at the mission of France, Lisbon members on Monday will present a united front with the aim of having a successful diplomatic conference and of adopting the draft rules of procedures without changes.

Image Credits: Flickr – Ricardo Glaviti