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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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    Independent External Audit Of WIPO Expected Soon

    Published on 2 December 2005 @ 2:51 pm

    By , Intellectual Property Watch

    An independent external audit of the finances of the World Intellectual Property Organisation (WIPO) is expected to be issued in early December, according to government sources in Geneva.

    The audit, being conducted by Ernst and Young in Geneva, was undertaken soon after the early October WIPO General Assembly, the sources said. The report will be sent to the WIPO director general who will be able to comment but not make changes. It will then be sent to member governments who will decide on the next step, they said.

    At the General Assembly, the WIPO secretariat announced that the director general “had decided to have an independent review undertaken in order to respond to the allegations that had been made concerning the organisation.”

    Press reports and government officials have indicated the biggest financial questions at WIPO lie in the contracts for building construction in the past few years. Despite questions, WIPO members in October approved construction of a new building expected to begin in 2006. Concerns of financial scandal and mismanagement at WIPO reach to the highest levels, even to WIPO Director General Kamil Idris, according to government sources who asked to remain anonymous.

    A WIPO spokesperson said the independent review process currently underway at WIPO “was initiated by the director general to complement a number of internal measures that have been undertaken in the recent past.” The official added, “As you know, all member states are interested in good governance of all UN organizations and we are confident that they are supportive of any initiative that seeks to ensure greater efficiency of management.”

    Government sources said it is too soon to know what will be in the report, but one official suggested that given the short time frame for the analysis, it might simply express a need for further investigation. Ernst and Young could not be reached for comment by presstime.

    The investigation is being sought by developed countries, sources from those countries said. Several sources said that developed country governments once generally accepted Idris, but that he has lost favour and rich countries may be seeking a way to remove him from office.

    The WIPO spokesperson strongly disagreed with this assertion, noting that WIPO is “operated on the consensus of its member states.” The spokesperson said, “The way to measure the respect that all the member states have for the director general is by looking at the success of the Organization on a daily basis.”

    “In a consensus-based organization it is very easy for any member state to make its feelings known,” the spokesperson said. “The tremendous successes of this organization during Dr. Idris’ tenure would have been impossible without the member states’ faith in Dr. Idris’ judgement and the high value they place on his leadership. In addition, you will recall the positive results of the last General Assembly which reflect the support by member states for the future work program of the Organization.” Moreover, member states expressed support for Idris in 2003.

    WIPO also is undergoing an investigation by the UN Joint Inspection Unit, which issued its first report in early 2005 and is preparing a second report. The first report found fault with WIPO’s financial and management practices but gave no indication of scandal.

    In addition, WIPO has strengthened its internal audit function under pressure from member states, though some members remain sceptical about an audit process that gives the WIPO secretariat oversight. The chairman of the Program and Budget Committee audit committee, Dirk Kraner, is leaving the German mission soon to work for the German president, but some Geneva diplomats have indicated interest in convincing him to stay on as audit committee chairman.

    Categories: News, English, 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.