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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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    WHO Board Sends Trade And Health Resolution To Assembly For Vote

    Published on 27 January 2006 @ 6:02 pm

    By for Intellectual Property Watch

    The World Health Organisation Executive Board this week agreed on a resolution linking health to international trade issues, and will forward it on to the World Health Assembly in May for final adoption.

    The resolution was agreed to by an informal consultation group, open to all member states, on 24 January and the board approved it on 25 January, according to sources. No major changes were made to the draft circulated at the outset of the meeting. It now has to be voted on by the assembly in order to be adopted.

    The draft resolution, which was led by Thailand, was discussed at the previous board meeting in May 2005 where comments were made, including some critical ones, resulting in more than a dozen amendments (IPW, Public health, 27 May 2005). On 1 December 2005, the secretariat issued a new draft incorporating proposed insertions and alternative text based on these comments. A WHO expert said that most members had viewed the resolution positively last time and in general, this was a “very positive resolution.”

    The final agreed resolution, not yet available online, urges member states “to promote dialogue at national level to consider the interplay between international trade and health.”

    The aim is thus to “strengthen the capacity of ministers of health to better work with ministers of trade,” the WHO expert said, so that they could get to the table with ministers of trade and bring evidence showing opportunities or risks with public health.

    The expert added that the agreement would give the WHO a “stronger mandate” to work on issues of international trade and health.

    In the resolution, member states are urged in paragraph 1(2), “to adopt, where necessary, policies, laws and regulations that address issues identified in that dialogue and take advantage of potential opportunities, and meet the potential challenges, that trade and trade agreements may have for health.”

    In this paragraph, “where necessary” was added and the proposed “consider adopting” was deleted. Moreover, the phrase “potential risks [impacts]” from the 1 December draft was replaced by “potential challenges.”

    In paragraph 1(5) member states are urged to “continue to develop at national level to track and analyse the potential opportunities and challenges of trade and trade agreements for health-sector performance and health outcomes.” Here the previously suggested phrase “risks [analyse the implications]” was replaced by “challenges.”

    When the draft resolution was discussed in May 2005 Australia took issue with the word “risk” and proposed it be replaced by “impacts.” In general, the new draft resolution replaces the word “risk” with “challenges.”

    Dropped was a proposed insertion in the 1 December draft requesting the director general to “provide support to member states, at their request and in collaboration with the competent international organizations, to frame coherent trade and health policies and support their efforts to build the capacity to understand the implications of international trade and trade agreements for health and to address relevant issues through policies and legislation that take full advantage of the potential opportunities, and address the implications, that trade and trade agreements may have for health.”

    The resolution does still request, however, that the director general “report through the Executive Board to the Sixty-first World Health Assembly on progress made in implementing this resolution.” The 59th assembly will take place 22-27 May 2006.

     


    Leave a Reply

    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.