Interpretative declaration made upon provisional application:
The Argentine Republic declares that protection for geographical indications is established in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO). This does not imply binding commitments to extend to other products the broad protection that TRIPS provides for wines and spirits.
The Argentine Republic notes that no obligation that it may assume pursuant to the implementation of the Agreement, or subsequently, will prejudice its position on this matter in various multilateral forums, in particular WTO, or in other trade negotiations.
The Argentine Republic also understands that the provisions of article 20 of the 2015 Agreement, regarding geographical indications, should be interpreted in accordance with the standards in the TRIPS Agreement to mean that each member shall provide the legal means to prevent the use of any means in the designation or presentation of a good that indicates or suggests that it 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.
Furthermore, the Argentine Republic interprets that the provisions of article 20 of the 2015 Agreement do not detract from the rights of members of the International Olive Council to protect geographical indications in accordance with their respective legal systems or practices, or prejudice or impair rights already acquired.
The Argentine Republic declares that the negotiations held pursuant to this Agreement, in order to establish a mechanism for the protection of geographical indications for products covered by the Agreement, should guarantee a commercially fair and balanced outcome that benefits all members of the International Olive Council. It undertakes to participate on that basis.
Furthermore, the Argentine Republic notified the Secretary-General that, in accordance with article 30 of the Agreement, the Republic of Argentina applies the Agreement provisionally as of 1 January 2017.
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