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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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    Hong Kong Ministerial Ends With Little Overall Progress; Limited Focus On IP

    Published on 18 December 2005 @ 7:15 pm

    By for Intellectual Property Watch

    Hong Kong–Trade ministers of the World Trade Organization members concluded a six-day intensive negotiation with little progress on the biggest issues, and minimal work on intellectual property issues.

    The final ministerial declaration adopted at the end of the meeting on 18 December contained no changes in terms of intellectual property issues from the meeting’s second revised draft released earlier in the day.

    The ministerial declaration will form the basis for the continuation of the current round of trade talks that began in Doha, Qatar in 2001 and is expected to be completed by the end of 2006.

    The second revised draft was published about 4pm in Hong Kong on18 December (IPW, WTO/TRIPS, 18 December), containing a few changes to the first revised draft issued the day before (IPW, WTO/TRIPS, 18 December). The ministerial draft was initially issued in Geneva on 26 November (IPW, WTO/TRIPS, 28 November).

    The sixth WTO ministerial was concluded at about 10pm Hong Kong time after nearly a week of negotiations around the clock. Issues related to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) filled little of the official ministerial agenda although there were quite a few side events discussing IP issues.

    IP issues such as the protection of geographical indications and the relationship between the Convention on Biodiversity and the TRIPS agreement were subject to negotiations among the ministers, particularly in the run up to the first draft (IPW, WTO/TRIPS, 16 December). Ultimately, the final draft left open further negotiations on these issues.

    In the closing ceremony, WTO Director General Pascal Lamy said that the meeting had “put the round back on track.” He said that while 55 percent of the round had been completed before the meeting, now the delegates were leaving with 60 percent of the round accomplished. Lamy said that this is one step forward but added that there “remains quite a lot to do.”

    Some developing country officials at the ministerial indicated that the African countries had given up some of their requests in the TRIPS and public health deal reached in Geneva on 6 December in order to gain something else in the overall agriculture negotiations in Hong Kong. The public health agreement made permanent a never-used 2003 temporary waiver to the TRIPS agreement allowing countries to export cheaper medicines to countries in need (IPW, WTO/TRIPS, 6 December).

    Lamy added that the WTO was starting to tip the balance in the direction of developing countries, with an agreement on cotton and the European Union tentatively agreeing to end export subsidies by the end of 2013 (still less than the 2010 requested by other countries). An agreed development package covers aid for trade and an agreement on duty-free, quota-free market access for least developed countries (LDCs).

    But many non-governmental and intergovernmental organisations argued after the meeting that the ministerial had not delivered sufficiently in terms of development. The South Centre argued that developing countries and LDCs had once again “offered major concessions and accepted compromises to save the multilateral trade system.”

    The date and venue of the seventh WTO ministerial is yet to be decided, the WTO said.

    Categories: News, English, WTO/TRIPS

     


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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.