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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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    Newcomer Howard Zucker, Former US Official, To Head WHO IP Group

    Published on 19 September 2006 @ 4:40 pm

    Intellectual Property Watch

    By Tove Iren S. Gerhardsen
    Speculation since May about who will lead the secretariat in a new intergovernmental working group on intellectual property and public health at the World Health Organization may now be put to rest as it is official that the post will go to Howard Zucker, WHO sources say.

    Zucker is the assistant director general for health technology and pharmaceuticals at the WHO, and he will remain in this position in the future, according to a WHO spokesperson. He joined the WHO in January 2006 from the United States Department of Health and Human Services (HHS), where he was assistant secretary of health.

    He has previously shown support for innovation to help developing countries obtain access to essential medicines, and is the head of a WHO task force on counterfeit medicines.

    Second to Zucker and executive secretary of group will be Elil Renganathan, who was most recently director for the WHO Mediterranean Centre for Vulnerability Reduction in Tunis, Tunisia. He is from Malaysia.

    Zucker was unavailable for comment at press time as he is attending the regional WHO committee meeting for the Western Pacific in Auckland, New Zealand, and will thereafter attend the regional WHO meeting for the Americas in Washington, DC, an informed WHO source said.

    The WHO regional committee meetings run from 22 August to 29 September, according to the WHO, and the Washington meeting will be the last one in a series of six regional committee meetings.

    The WHO has previously indicated that the regional committees could choose two governments that would present candidates for a “management group” when the IP group is scheduled to meet for the first time on 4 December in Geneva (IPW, Public Health, 25 July 2006). [Editor's Note: To what extent the regional committee meetings are addressing the IP group could not be confirmed by press time.]

    Renganathan relocated to Geneva last month, a source in Tunisia said, but he was also unavailable for comment at press time.

    The counterfeit medicines task force led by Zucker was initiated at a Rome conference in February. At a meeting at the International Federation of Pharmaceutical Manufacturers and Associations in Geneva on 24 May, Zucker said, “Individual patients and public health are of course WHO’s main concern, but we know very well that they are not the only casualties. Counterfeit drugs lead to a loss of confidence in the entire health system, they affect the image of manufacturers, pharmacists, doctors, private and government institutions alike. This is why each and every sector affected must be actively involved in the solution.”

    In 2004, The Hill newspaper in Washington, DC reported that Zucker was blocked by the White House from a promotion at HHS because he had donated money to the competing Democratic Party (even though he also gave to Bush’s Republican Party).

    The working group was mandated by the World Health Assembly in May in a resolution that merged two previously proposed resolutions on innovation, public health and intellectual property (IPW, Public Health, 27 May 2006).

    The working group will be open to all member countries, and although the process has not been clarified yet, non-governmental organisations and experts are also expected to be invited to join the group.

    Tove Iren S. Gerhardsen may be reached at tgerhardsen@ip-watch.ch.

     


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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.