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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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    Patent Reform On US Senate Agenda; US Officials Question French Copyright Law

    Published on 14 December 2006 @ 12:03 am

    Intellectual Property Watch

    By William New
    As the year end draws near, United States government officials are marking the ground for international intellectual property debates to come in 2007.

    On 13 December, Senator Patrick Leahy, incoming chairman of the Senate Judiciary Committee released his committee’s agenda for next year. He said he would prioritize updating of the US patent system and ensuring US patent laws help increase global access to medicines.

    “Reforming our patent system will also be an enormous, but critically important, project in the new Congress,” Leahy said. “Our Constitution enshrined patent rights for a reason: ‘to promote the progress of science and useful arts.’ The spirit of American innovation has made the United States the world’s leader in intellectual property. Yet the expressions of American innovation – in the form of patented goods and processes – are only as good as the system that fosters and protects innovation.”

    “Our patent system was created in another century, and we need to update it,” Leahy added. “It must serve the 21st century industries that have made us the envy of the world, just as it well served the smokestack industries of an earlier era.”

    On what he called “life-saving medicines,” Leahy said he intends “to redouble efforts to re-examine our patent laws in the hope that by making thoughtful and practical changes we can greatly increase access to essential medicines throughout the world.”

    “We can help struggling families in developing nations, while improving US relations with large segments of the world’s population,” Leahy said. “The current global health crisis is one of the great callings of our time. Whether it is the Avian Flu, AIDS, SARS, West Nile Virus, or the approaching menace of multi-drug resistant bacteria, we need to recognize that the health of those half-way around the world now influences our security and affects our lives here in the United States.”

    He concluded: “I want the work of the Judiciary Committee to be a catalyst to help make life-saving medicines more readily available around the world.”

    USTR Raises Concern Over French Copyright Law; China IP Enforcement

    Meanwhile, this week Deputy US Trade Representative John Veroneau held bilateral meetings with French officials in Paris and raised US concerns over France’s new copyright law. France recently adopted a law to implement the European Union Copyright Directive, and included measures allowing Internet users to possibly circumvent digital rights management or technical protection measures.

    “We have been having ongoing discussions with French authorities to clarify certain questions about how France will implement this new law, particularly with respect to its provisions regarding technical protection measures,” Assistant US Trade Representative Sean Spicer told Intellectual Property Watch.

    The issue was not discussed in a context of World Trade Organization rules, he said. Veroneau also travelled to the WTO in Geneva and discussed intellectual property rights enforcement among other things

    “I came over to discuss a number of bilateral issues that we have in Europe and some common interests as far as intellectual property enforcement, especially in our mutual interests in better enforcement in China on common interest with regard to Russia and the multilateral accession discussions,” Veroneau told reporters.

    He said the officials discussed “a variety of steps that we thought we could take together” to address problems with intellectual property enforcement in China. “Some involve WTO litigation, some do not involve WTO litigation,” he said.

    Veroneau also delivered the message that the Democrats takeover of Congress starting in January would not mean there would be no trade agenda in Washington in 2007.

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. A.J. says:

      What does “It must serve the 21st century industries” mean? Take the hard won efforts of some (individuals and/or corporation shareholders) and redistribute them to others (needy or not, to persons who likely hate the United States and its citizens) – because their respective governments are oppressive, corrupt, and choose to spend there resources on things they think have greater value then the health of their citizens?


    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.