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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 Traditional Knowledge Committee Informal Text Under Debate

    Published on 12 July 2007 @ 2:31 pm

    By for Intellectual Property Watch

    Below is the draft chair’s text under discussion at the 3-12 July World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). The committee has been in informal and “informal informal” (very small group of key delegations) meetings since late morning on 11 July. Discussion has been mainly focused on articles iii and iv, related to the committee’s future mandate. On 12 July, the committee appeared to reach a preliminary agreement to change articles v and vi, according to participants. The committee is attempting to final agreement on the chair text to be sent to the September WIPO General Assembly. Informal and “informal informal” meetings will continue this afternoon, the chair said.

    Chair paper: 14:30, 10.vii.07

    ITEM 10: FUTURE WORK

    Draft decision: proposal by the Chair

    The Intergovernmental Committee reviewed the progress made on its substantive agenda items at the current and previous sessions of its current mandate, and

    (i) Agreed that solid progress had been made on its substantive work to date;

    (ii) Agreed that its work had greatly benefited from the enhanced participation of representatives of indigenous and local communities made possible by various initiatives including the successful launch of the WIPO Voluntary Fund;

    (iii) Agreed to recommend to the WIPO General Assembly that the current mandate of the Committee be renewed, including the five elements set out in document WO/GA/30/8, paragraphs 93 to 95;

    (iv) Agreed that, in view of the mandated requirement to accelerate its work, the Committee should work towards producing concrete, substantive outcomes by the end of 2009 and to facilitate this acceleration of work the Committee at its next session should develop a timeline and methodology for its next mandate, once the General Asssembly agrees to renew its mandate;

    (v) Agreed concerning its substantive working documents on item 7 (TCEs/EoF) that the Secretariat should prepare:

    - a document that consolidates all comments provided before the tenth eleventh session and made during the eleventh session concerning each of the ten issues discussed;
    - a document that provides a succinct, neutral summary of the range of discussion and commentary on each issue, without prejudice to any position taken on these issues;
    - a reproduction of the text of the Annex of document WIPO/GRTKF/IC/9/4, which remains on the table as agreed at the tenth session.

    (vi) Agreed concerning its substantive working documents on items 8 (TK) that the Secretariat should prepare:

    - a document that consolidates all comments provided before the tenth eleventh session and made during the eleventh session concerning each of the ten issues discussed;
    - a document that provides a succinct, neutral summary of the range of discussion and commentary on each issue, without prejudice to any position taken on these issues;

    - a reproduction of the text of the Annex of document WIPO/GRTKF/IC/9/4, which remains on the table as agreed at the tenth session.

    (vi) Agreed concerning its substantive working documents on items 8 (TK) that the Secretariat should prepare:

    - a document that consolidates all comments provided before the tenth eleventh session and made during the eleventh session concerning each of the ten issues discussed;
    - a document that provides a succinct, neutral summary of the range of discussion and commentary on each issue, without prejudice to any position taken on these issues;
    - a reproduction of the text of the Annex of document WIPO/GRTKF/IC/9/5, which remains on the table as agreed at the tenth session.

    (vii) Agreed concerning its substantive working documents on item 9 (genetic resources ) that the Secretariat should prepare:

    - an annotated version of the list of options (WIPO/GRTKF/IC/11/8(a)) which would factually describe the current state of play in the Committee and in other international forums and;
    - a further update of international developments based on document 8(b) which would include omissions identified in the current session, more recent developments, and any other relevant developments reported to the Committee.

    Comments on this story may be sent to info@ip-watch.ch.

     

    Comments

    1. Lynn Mytelka says:

      Given the importance of indigenous knowledge for developing countries not having concrete results before 2009 sounds quite negative especially since a number of countries have domestic legislation already in place and these negotiations have been going on for some time .


    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.