An interesting discussion at the Session derived from the proposal by the US delegation (supported by Colombia, among others) that disclaimers were mandatory for those terms that were generic in the home country. This aims at preventing generic terms forming part of GIs from being protected in the countries where the International registration has effects because of the belief that it is a distinctive term, which according to the US could lead to unfair competition.

The Working Group also identified 21 issues with respect to the draft Revised Lisbon Agreement and draft Regulations. A listing of these is found below. The Chair also noted that more time was needed to further consider the proposal to update the fee schedule under Rule 23 of the Regulations under the Lisbon Agreement. However, the general sentiment towards an increase of fees was predominantly positive. The question of setting appropriate fees, which sufficiently cover the costs of the service to be rendered by the national authorities, was considered a must by some delegations, such as the Russian delegation. 

The dates and venue of an approved Diplomatic Conference for the Adoption of a Revised Lisbon Agreement on Appellations of Origin and Geographical Indicators in 2015 is to be decided by a preparatory committee meeting to be held in conjunction with the Working Group’s 10th session forthcoming in October 2014.

Moreover, the secretariat is to prepare newly revised versions of the draft Lisbon Agreement and draft Regulations for the 10th Working Group session, following guidance provided at the 9th session, and ensure that all comments and suggestions be duly reflected in those revised versions.

The 10th Session will primarily focus on technically preparing the text of the draft Revised Lisbon Agreement and draft Regulations for the Diplomatic Conference and on reducing the number of pending issues, where possible. The Lisbon Union Assembly will note the progress made in preparing the diplomatic conference at its next session in September 2014.

1. the title and the preamble of the draft Revised Lisbon Agreement;  
2. implementation aspects of Article 1(xiv);
3. the content of Article 2(2) and Article 5(4) concerning trans-border geographical areas of origin; 
4. the issue of entitlement to file an application under Article 5(2);
5. Article 7(2)(b), Article 8(3), Article 24(3)(v) and related provisions concerning the possible introduction of maintenance fees;
6. the possible re-introduction of the provisions of the current Lisbon Agreement dealing with contributions by members of the Lisbon Union;
7. Article 7(4) and related provisions concerning the possible introduction of individual fees;
8. the question as to whether Article 9(1) should be kept and whether Article 9(2) should be moved to Article 6;
9. the issue as to whether Article 10(3), read in conjunction with Article 15(2), should refer to any other or to more extensive protection; 
10. the various options in respect of Article 11(1)(a) and Article 11(3) (see the Annex to the present document);
11. the issue of the Draft Agreed Statement contained in footnote 4 to Article 11 and provisions relating to the same issue;
12. the content of Article 12 concerning protection against acquiring a generic character;
13. the content of Article 13(1) concerning safeguards in respect of prior trade mark rights;
14. the issues as to whether Article 13(2) to (4) should be kept and whether consequential amendments should be made to Article 17(2) and to footnote 7 relating to that provision;
15. the content of Article 16(2) concerning negotiations following a refusal;
16. the content of Article 17 concerning the necessity of a phasing out period;
17. the issue as to whether Article 19(2) should establish an exhaustive or a non-exhaustive list of grounds for invalidation;
18. the issue as to whether Rule 5(3) should be optional or mandatory;
19. the issue of the inclusion of Rule 5(4) permitting a Contracting Party to require a declaration of intention to use in respect of a registered appellation of origin or a registered geographical indication;
20. the issue of promoting transparency under Rule 5(5)(iii);  and
21. the amount of fees in Rule 8(1).