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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 Negotiation Hits Rocks

    Published on 29 June 2006 @ 3:59 pm

    By , Intellectual Property Watch

    Negotiations for the infusion of a stronger development mandate into the work of the World Intellectual Property Organization may have hit a wall today after key proponent governments called for an end to talks to protest unfair treatment of their proposals.

    If over for now, the issue would be passed to the WIPO General Assembly, the annual highest-level meeting of its member states, which convenes in September. The Provisional Committee on Proposals Related to a WIPO Development Agenda (PCDA) is scheduled to meet from 26-30 June and must make a recommendation to the assembly.

    The disruption came after Paraguayan Ambassador Rigoberto Gauto Vielman, chair of the PCDA, put forward a proposal for a committee recommendation to the General Assembly. Brazil and Argentina, the originators of the 2004 proposal for a development agenda that has been formally backed by 13 other Friends of Development countries, reacted strongly to what they perceived as a totally imbalanced proposal favouring their opponents, particularly the United States and the rest of the Group B developed countries.

    “We think it is insulting to the proponents of a development agenda to see such a biased procedure,” the lead Brazilian delegate said after the closed-door meeting broke. The recommendation to the General Assembly should be that “no agreement was reached in this meeting,” he said.

    The Argentine delegate said instructions were given from the capital to “stop this process” out of disagreement with it. Another complaint was that meetings no longer be held in informal settings, as has been largely the case this week, but rather that agreements be reached transparently in the formal setting of the plenary meeting.

    A number of developing countries, such as the Asian Group, signalled a desire to continue discussions on the development agenda, according to participants. Switzerland also showed support for continuing and mentioned the expense of holding such meetings, sources said.

    Delegations were to reconvene on Thursday late afternoon, but none appeared optimistic that the talks would continue. Gauto Vielman told Intellectual Property Watch that he is “very pessimistic.”

    The chair’s proposal, which contained 34 proposals, was seen as containing almost entirely proposals that had been supported by the United States. The Friends of Development had issued a different proposal for an outcome at the start of the week that appeared to be ignored, despite their repeated attempts to refer to it in the meeting, sources said. They insisted their proposal was intended in good faith and drew from all others, but it was privately spurned by US negotiators and others.

    The meeting started somewhat slowly, according to participants. No agreement on how to proceed could be reached at the outset, so the first three days were spent reviewing the proposals in six clusters by themes inherited from the last meeting of the committee in February (IPW, WIPO, 24 February 2006).

    The clusters, which reflect over 100 proposals by different countries, are: A) technical assistance and capacity building; B) norm-setting, flexibilities, public policy and public domain; technology transfer, C) information and communication technology, and access to knowledge; D) assessments, evaluation and impact studies; E) institutional matters, including mandate and governance; and F) other issues.

    Countries offered their views on the clusters, which apparently led to the disputed chair’s proposal.

    Categories: News, Development, English, WIPO

     


    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.