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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    WIPO Development Agenda Talks Move Ahead

    Published on 13 April 2005 @ 11:56 pm

    By , Intellectual Property Watch

    World Intellectual Property Organisation members late Wednesday night agreed to continue discussing a proposal to more deeply infuse developing country needs into the mission of the UN body.

    After three full days of closed-door meetings – much of them in private meetings of smaller groups — members reached a carefully crafted compromise: to hold two more meetings, one in June and one in July. This was significant as some members view the push for a development agenda at WIPO as unnecessary arguing that the organisation has long addressed development issues.

    The subject of this week’s inter-sessional intergovernmental meeting (IIM) in Geneva was a proposal for a WIPO Development Agenda made at last fall’s WIPO General Assembly by Argentina and Brazil. The proposal was co-sponsored by 12 other countries (collectively called the Friends of Development). The IIM was tasked by the General Assembly with providing a report by the end of July.

    Prior to the meeting, three other proposals emerged, from the United States, United Kingdom and Mexico, along with an expanded version of the Friends of Development proposal. Government and non-governmental representatives spent most of the time on the floor presenting their views on the proposals.

    But the actual negotiating during the meetings was largely over how to proceed. Differences emerged early as developed countries sought to characterize the development issue as one of technical assistance. The developed countries proposed to move the discussion to an existing committee on technical cooperation, and to limit the IIMs to one more meeting.

    Many developing countries advocated a framework that extends beyond technical cooperation. They argued that a stronger development perspective demands changes to WIPO’s governance, its approach to new negotiations, a stronger focus on technology transfer, and improvements to technical assistance. They insisted that these issues warrant attention across WIPO’s committees and activities.

    The final agreement is to hold a three-day meeting from 20 to 22 June, and a three-day meeting in July. Member states were asked to contribute additional proposals to the secretariat as soon as possible. Existing proposals are to be resubmitted in the form of action plans.

    A draft report of the first IIM will be posted to the WIPO website by 25 April, with comments on it due by 4 May. The revised draft report will be posted on 11 May.

    Guilherme de Aguiar Patriota, the lead Brazilian delegate, said afterward that he hoped the two upcoming meetings would focus on the substance of the proposals, with an eye toward the establishment of a work plan on the Development Agenda at next fall’s General Assembly.

    Some non-governmental groups were relatively upbeat about the outcome of the first meeting.
    “This is a process that has momentum and the commitment of a large number of countries in a way unlike certain other processes at WIPO which are not enthusiastically participated in,” said Nick Ashton-Hart, a non-governmental representative and former executive director of the International Music Managers Forum.

    For instance, the broadcasting treaty talks had fewer participants, and 18 proposals over seven years, he said. By contrast, WIPO reported that this week’s meeting involved 99 member countries, 16 inter-governmental organisations and 41 non-governmental organisations.

    The fight over meeting schedules had significant consequences for the Development Agenda. “Without meeting time, processes are dead,” Ashton-Hart said. “That’s why when something gets started that they wanted, countries fight so hard to keep them going. It’s an indication of how much they care about this.”

    In another development, the members agreed at the last minute to a change that would appear to allow seventeen non-accredited non-governmental organisations admitted Monday morning to this week’s meeting on an ad hoc basis to attend the remaining IIMs.

    Categories: Development, WIPO

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.