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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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    Developed Countries Seek To Elevate Enforcement Measures In TRIPS Council

    Published on 25 October 2006 @ 7:04 pm

    Intellectual Property Watch

    By Tove Iren S. Gerhardsen
    The European Union has received support from Japan, Switzerland and the United States in its push to raise enforcement of intellectual property rights higher on the agenda of the World Trade Organization (WTO).

    On the first day of the 25-26 October meeting of the council for the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the four WTO members tabled a joint communication, expected to be numbered IP/C/W/485. It appears to be aimed at improving implementation of the enforcement provisions of the 1994 TRIPS agreement, including by examining members’ implementation.

    But the paper carries the implied threat that countries failing to provide “adequate” protection of intellectual property rights ultimately could be found not to be in compliance with TRIPS.

    Joint Communication available here.

    “The cosponsors acknowledge that members are free to determine the appropriate method of implementing enforcement provisions while ensuring effective IP enforcement,” it states. “However, ultimately, such implementation must ensure adequate achievement of the objectives of the TRIPS agreement.”

    One source from the group said that the roughly one-page communication is “more a principal paper.”

    The cosponsors of the communication “invite other members to engage in a constructive discussion of accompanying measures which could enhance the effectiveness of national implementing legislation and enforcement efforts, such as for example promoting interagency co-operation, fostering a higher public awareness, and reinforcing institutional frameworks.”

    The communication also calls on the WTO secretariat “to prepare a synopsis of members’ contributions to the checklist of issues on enforcement that would serve as a basis for the above-mentioned discussion.” The WTO online document search shows a 1995 checklist of issues on enforcement for implementing governments, document IP/C/5 (http://docsonline.wto.org/, Simple Search, Document Symbol).

    The cosponsors of the communication also make reference to countries receiving technical assistance from the WTO, saying they are ready to “stand by, in cooperation with recipients of technical assistance and with relevant international organisations, to better focus the technical assistance they provide in favour of developing countries in order to facilitate the implementation of enforcement provisions.”

    The European Union has previously submitted two papers on enforcement to the TRIPS Council (IPW, WTO/TRIPS, 28 October 2005).

    The communication emphasises the importance of effective IP enforcement for developing and developed countries with regards to innovation and investment.

    It states that global counterfeiting and piracy can pose a threat to public health, commerce and jobs, and refers to the past Group of Eight meeting in July, where a statement on fighting counterfeit and piracy was agreed (IPW, Enforcement, 19 July 2006).

    An official from the European Commission said that there would be representatives from the Internal Market and Services Directorate General present in the council on 26 October, when the enforcement issue is expected to be discussed.

    China said it would most likely make an oral response on the counterfeiting issue when it comes up in the council.

    Separately, Peru submitted a separate paper related to the discussion of the relationship of the Convention on Biological Diversity to TRIPS, but at press time this was only available in Spanish and a representative was said to hold a power-point presentation in the council in the afternoon session on 25 October, sources said.

    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.