Equus Caballus
Fauna
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Press Releases
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Austria / Slovenia / Italy: Dispute over the origin of the Lipizzaner HorseDATE: January 15, 1999SOURCE: Slovene News Agency Ljubljana, January 1999 - Just before New Year the Slovene public was disturbed by the news that in agreement with Italy, Austria would be taking over the management of breed books. The news triggered an outpouring of displeasure among civil society circles, while the Slovene Government also debated the matter. At a regular session the Government discussed the settling of the status of the Lipica Stud domicile of this breed, the management of breed books and other matters connected with the Lipizzaner issue. As the Minister of Agriculture, Forestry and Food, Ciril Smrkolj, stated, talks are indeed being conducted between Austria and Italy over Austria - which currently manages breed books for Germany and France - also managing the breed books for Italy. According to information obtained by the agriculture and foreign ministries, this agreement has not yet been signed. Slovenia manages its own breed books, while those for Belgium, Sweden and the Netherlands are managed by the LIF, the international Lipizzaner federation. Minister Smrkolj also underlined that in Brussels last year Slovenia expressed its request that the "procedures regarding the Lipizzaner breed, the managing of books and determining the domicile stud should not be conducted prior to the accession of Slovenia to the European Union". The fact is that until it attains full membership, Slovenia cannot set out its demands over the managing of original breed books for Lipizzaners. In line with the system valid in the European Union, Slovenia will try to secure a place for the Slovene breed organisation on the list of authorised organisations from third countries for the managing of Lipizzaner breed books in Slovenia, whereby it will be authorised to issue certificates of origin for Lipizzaners of Slovene breeding, and such certificates must be honoured by all the member states of the EU. The Ministry will maintain bilateral contacts with the agriculture ministries of Austria and Italy in connection with the question of managing Lipizzaner breed books. State secretary for agriculture and European affairs, Franc But, met in Brussels with the representative of the Austrian agriculture ministry, Werner Wutscher, who has responsibility for Lipizzaners. In addition to this, the Ministry will draw up an action plan for acquainting those EU member states and other countries which have Lipizzaners with the Lipica Stud. According to Smrkolj, the Ministry will also continue its efforts to secure the return of original breed books which the Italians took from Lipica during the Second World War. On the basis of resolutions passed by the previous Government, the Ministry of Culture has pursued various avenues for the return of the original books, but the situation is complicated by the fact that the books are in private ownership, indeed they are in the possession of a private institution in Monterodondo, Minister Smrkolj stated. For this reason the Ministry will try to secure at least a duplicate, for these books, dating back to the 18th century, are also important to Slovenia from the aspect of national history. |
Government Protects the Geographic Origin of LipizzanerDATE: January 22, 1999Ljubljana - On Thursday's government session a decree was adopted protecting the geographic origin of the name of Lipicanec (Eng. Lipizzaner) as an autochthonous highbred with worldwide reputation originating around the Slovene village of Lipica, southwest. The protection of the name Lipicanec also involves the toponym Lipica with all of its derivatives and translations into foreign languages. To be published in the Official Gazette on Friday, 22 January 1999, the decree will take effect on Saturday, 23 January. The decree aims to protect the name of the geographic origin of the Lipica horse (Slo. Lipicanec) in accordance with the agreement on trade aspects of intellectual property, which is binding for all WTO members, including the EU and its member states. The measure was taken under this agreement because the latter defines the geographic name as an individual legal term as well as a legal term broader than is the category of the trade description as stipulated in the Slovene law on industrial property. While the decree applies only to Slovenia, notification at the WTO will make the protection of the trade description effective internationally. Any disputes over the trade description will thus be settled by WTO rules. In addition, the Paris Convention enables the protection of the trade description in all Paris Union members, or in almost all states in the world. The recognised place of origin of the Lipizzaner has been and will remain Lipica na Krasu, states the Slovene Minister of Agriculture, Forestry and Food, Ciril Smrkolj after the Protocol on management of breed books of Lipizzaner horses between Italy and Austria has been signed on January 16,1999. This bilateral document will not effect the breeding work in Slovenia in any way and that it does not involve the issue of the provenance of this breed. The signing of the Protocol relates to the maintenance of the stud books that are the basis of all selection and pedigree matters in the European Union. Selection and pedigree work in the EU for all breeds of animals must always be done by breeders' organisations recognised by the European Commission. If several of such organisations exist, they are obliged to co-operate to preserve the basic characteristics of breeds. The Lipica stud farm in Slovenia has maintained stud books only for its own breeding purposes. In the diplomatic notes sent by the Government of Slovenia to Austria and Italy, and the European Commission in September and December of 1998, it was clearly emphasised that the Republic of Slovenia, in view of the fact that it owns the stud farm that is unequivocally the cradle of the breed, intends to maintain the stud book for its stud farm in Lipica, and possibly for stud farms in other countries following its accession to the EU. Minister Smrkolj also underlined, that Slovenia already expressed in Brussels its request, that the "procedures regarding the Lipizzaner breed, the managing of books and determining the domicile stud should not be conducted prior to the accession of Slovenia to the European Union". In line with the system valid in the European Union, Slovenia will try to secure a place for the Slovene breed organisation on the list of authorised organisations from third countries for the managing of Lipizzaner breed books in Slovenia. For more information please contact: Mr. Franc But,
State Secretary tel. +386 61 178 90 00, fax: +386 61 178 90 21 |
Slovenia does not intend to monopolise the geographic indication of Lipicanec (the Lipizzaner)DATE: October 8 1999SOURCE: Ministry of Agriculture, Forestry and Food; The Intellectual Property Office of the Republic of Slovenia "Slovenia does not intend to monopolise the geographic indication for horses of "Lipicanec" breed raised in Slovenia and will, without any additional conditions, allow the use of the geographic indication to any stud farm of breeders' organisations outside Slovenia breeding this type of horses," is stressed in the Aide Memoire of the Government of the Republic of Slovenia in reference to the geographic indication of "Lipicanec" horses, which was adopted at the government's session. With this open policy of the collective use of the geographic indication, the government of the Republic of Slovenia wishes to strengthen the goals also followed by the LIF (International Federation of Lipizzaner Breeders), which was explained to the representatives of the Federation on their visit to Slovenia in March 1999. The Lipica Stud Farm shall maintain the original Lipizzaner stud book, which is undisputedly its right supported by historical evidence. It should again be stressed that the Lipizzaner breed was created approximately 400 years ago in Lipica by crossbreeding the indigenous Karst horse with the Andalusian, Napolitano and Arab horse. At first the new breed was maintained under the name "horses of the Karst breed and Lipica breeding". In contrast to the 400 years of tradition of Lipica, the Piber Stud Farm in Austria began breeding the Lipizzaner only as late as 1918/19, and the Monterotonda Stud Farm in Italy even later, in 1945. The genetic origin of the herd in Piber in Austria leads to Lipica, which is supported by latest research within the Copernicus research project, financed by the European Union and the participating countries: Switzerland, Hungary and Slovenia. In terms of history, the Lipizzaner is undeniably a common cultural heritage of Austria, Slovenia and other countries created after the disintegration of the Austro-Hungarian Empire in 1918. Historical Background However, common history cannot change the fact that the origin and name of the Lipizzaner (Slovene Lipicanec, the Lipica horse,) come from Lipica - a Slovene village. For this reason it is also clear that it is only Slovenia who is legally entitled not only to the protection of geographic indication, but also to all other forms of legal protection, in particular to managing of the stud books of origin. The dispute over the Lipizzaner began with the intention of two member states of the EU, Italy and Austria, to obtain the right to manage the stud books of origin for Lipizzaners on the basis of the Directive 90/427/EEC. From the very beginning, when Slovenia learned of these intentions, it informed, through diplomatic channels, the competent Italian and Austrian institutions, and also of course the EU Commission, of the fact that the Lipizzaner is an indigenous horse breed originating in Slovenia. The Slovene government insisted that the legitimate Slovene interests be taken into consideration and proposed that Slovenia joins the talks concerning the right to manage the stud books of origin. Unfortunately, its initiative was fruitless. In December 1998, without first consulting Slovenia, Italy and Austria reached an agreement, according to which the stud books of origin for Lipizzaners would be maintained by an Austrian organisation authorised by Austria. In the situation where Slovenia was completely excluded from the talks concerning an important part of its cultural, historical and, not to be ignored, also biological heritage, the Slovene government had to resort to legal measures by which it attempted to protect its legitimate interests and rights. These measures included the protection of the geographic indication of the name "Lipicanec", which was of course an unprecedented but legally correct action, as is explained in greater detail below. The Slovene government regrets that its diplomatic and other initiatives towards reaching an agreement on the stud books, made prior to the adoption of the Decree on the Protection of the Geographic Indication of Lipicanec (Lipizzaner) (Uredba o zasciti geografske oznacbe Lipicanec) at the EU Commission and the Austrian and Italian governments, were fruitless. It is important to clarify that, according to the Directive 90/427/EEC, it is not required that the stud books of origin be managed exclusively by an organisation with a seat in one of the member states of the EU. On the contrary; it demands that the member states of the EU reach an agreement on the authorised organisation which will manage the stud books. In line with this, the EU Commission register currently includes a number of organisations with their seat outside the European union, which maintain stud books for different horse breeds, for example: Norway for Fjord, USA for Appaloosa, Switzerland for Freiberger, Hungary for Sarvar, Poland for Konik, Russian Federation for Tersker, and many more. Taking into account historical evidence and wishing to achieve good relations with its neighbouring countries, Slovenia has always been and still is willing to continue talks with Austria and, if required, also with other interested countries or their breeders' organisations. The Slovene government believes that an agreement could be reached on the parallel or joint management of the stud books of origin, but only provided that sovereignty and mutual equality are respected. By notifying the World Trade Organization (WTO) of the Decree on the Protection of the Geographic Indication of Lipicanec (Lipizzaner), Slovenia has not bypassed the EU Commission. The notification of this Decree to WTO is only a routine fulfillment of the obligations of Slovenia as a member of the WTO. The obligation of notification is explicitly determined in the second paragraph of Article 63 of the so-called TRIPs agreement. However, it should again be stressed that prior to adopting the Decree and notifying the WTO thereof, the Slovene government first turned to the EU Commission. Contacts:
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This page compliments of Marisa Ciceran Created: Friday, July 12,
2002; Last Updated: Wednesday, May 02, 2007
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