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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.

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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.

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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    Revised Biodiversity Draft Meets Strong Developed Country Opposition

    Published on 2 February 2006 @ 1:09 pm

    By for Intellectual Property Watch

    GRANADA, Spain — A revised draft proposal for an international regime governing the use of genetic resources presented here on 2 February at a Convention on Biological Diversity negotiating session is meeting with strong opposition from developed countries.

    The new draft includes a proposal from Brazil on the disclosure of origin of genetic material in patent applications, although it remains in brackets, indicating that there is not yet consensus.

    The first draft was published by the meeting chairwoman on 1 February and comments were submitted by meeting participants during that day, providing the basis for the revised 2 February draft. The new draft is thus more detailed and longer, and at five pages, two pages longer than the first draft.

    In order to address disagreements, the meeting broke for an extended period midday on 2 February. The chairwoman will meet with two people from each of the 10 represented regions over lunch to discuss what to do with the draft, according to sources.

    Instead of discussing the content of the revised draft, developed countries appears to be trying to halt the process by saying that they cannot support it, saying that their comments made on 1 February are not reflected in the revised version. It was not clear what specific comments they are seeking to be included.

    Developing countries welcomed the revised draft and what they see as progress made towards an international regime for access and benefit sharing of genetic resources, such as plants used for pharmaceutical products. The meeting has a mandate to develop such a regime given to it two years ago by the CBD conference of parties, which consists of the countries having ratified the CBD (IPW, Biodiversity, 2 February 2006).

    On behalf of the African Group, Ethiopia applauded the chairwoman for “excellent work done.”

    But developed countries such as Australia, Austria, Canada, Japan and New Zealand said they could not support the draft as they felt it did not reflect their comments from 1 February. Some of these countries suggested that the entire document should be put in brackets as nothing was yet agreed to and it was a draft from the chairwoman.

    Many developed countries also said the nature of the text is unclear, and questioned the procedure used. For instance, they said it is unclear whether the draft will be forwarded to the next conference of parties, and requested further studies before moving forward.

    But Malaysia said it “supports entirely” the revised draft and it was an exaggeration that the developed countries’ views had not been reflected as they would have been the ones suggesting brackets around Brazil’s suggestions about disclosure of origin.

    Malaysia also said that the entire document could not be put in brackets, as has been suggested by some developed countries, as this was a negotiation on the CBD and there was a mandate to develop such a regime. Colombia also questioned the developed countries’ suggestion to put brackets around the entire text.

    The delegate said that developing countries have made especially great efforts to come to Granada and had come here to work, not talk about further analysis. India said the meeting should not waste time discussing square brackets.

     


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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.