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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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    US Congress Passes Legislation On “Semi-Generic” Wines

    Published on 15 December 2006 @ 3:43 pm

    Intellectual Property Watch

    By William New
    Just in time for the New Year, the United States Congress has passed a bill that will continue to allow the production of knock-off champagnes from outside of France.

    The European Union is currently examining a bill passed in December that would modify the US law on wines sold under “semi-generic” names such as California champagne, even though they use names based on geographic places elsewhere, such as France.

    Under international trade rules, wines and spirits whose names are geographical indications, drawing from a place or having specific characteristics, receive special protection.

    The United States allows domestic production of wines bearing protected names such as champagne if they also disclosed the origin of production near the semi-generic name. So a bottle may say California champagne, which is intended to differentiate it from champagne from France, where the Champagne region is located.

    Europe was unhappy with the practice and the two sides negotiated an agreement on wine trade concluded in March 2006, according to sources. [Editor's Note: the bilateral agreement was not limited to the use of geographic designations on wine labels.] This month, a provision implementing the agreement was passed by Congress as part of a larger bill, HR 6111 [Sec. 422 of Medicare section, p. 113]. The new measure modifies section 5388 of US Code, on designation of wines. The bill was expected to be sent to President Bush to sign it into law.

    The March agreement focused on facilitating wine trade between Europe and the United States, as Europe only temporarily allowed sale of wines made under a different production method used in the United States, and a source said the United States had threatened to close its borders to European wines.

    The agreement allows US producers making semi-generic wines under a certificate of approval obtained before 10 March 2006 to continue to do so. The permitted semi-generic wines are: burgundy, claret, chablis, champagne, chianti, malaga, marsala, madeira, moselle, port, retsina, rhine wine or hock, sauterne, haut sauterne, sherry, or tokay.

    It appears the agreement does not apply to wines containing less than 7 percent or more than 24 percent alcohol by volume, nor if it is for sale outside the United States.

    “This is the implementation of the bilateral wine agreement. It’s good in the sense that we were expecting it,” said Stephen Adams, spokesman for the EU trade directorate. He said the European Commission could not comment on the substance of the newly passed bill until their lawyers have finished analyzing it.

    William New may be reached at wnew@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.