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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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    NGOs Having Major Impact On WIPO Agenda, Panel Says

    Published on 5 October 2007 @ 2:32 pm

    Intellectual Property Watch

    By Paul Garwood
    Nongovernmental organisations have been able to influence the debate and priorities within the World Intellectual Property Organization and make IP issues more understood in the developing world, speakers at a seminar in Geneva said Monday.

    Wend Wendland, head of WIPO’s programme on traditional knowledge, which began in 1998, said civil society had been a major player in enhancing the organisation’s focus on “new beneficiaries” of the intellectual property system.

    Groups representing the rights of indigenous peoples to control their intellectual property, such as folklore and traditional medicines, have become integral components of the WIPO traditional knowledge programme, participating in committees to set agendas and raise issues.

    “Involvement of new beneficiaries has been critical to the programme and we needed to provide access to them,” Wendland said. “Once they were inside the process we had to make sure they can participate directly and they can influence the process.”

    Seminar hosts, the Center for International Environmental Law (CIEL), used the event to announce the launch of its new publication, “A Citizen’s Guide to WIPO,” which provides civil society groups and individuals with practical details on navigating the complex UN agency. Available at www.ciel.org, the 60-page guide covers WIPO’s involvement in areas such as health, food security, biodiversity, and access to knowledge, as well as influence in and the structure of the organisation.

    Dalindyebo Shabalala, director of CIEL’s intellectual property and sustainable development project, said civil society had played a crucial role in shifting WIPO’s focus and creating its Development Agenda, a list of 45 proposals that was approved last week which will enhance the development orientation across the UN’s agency’s activities. (IPW, WIPO, 29 September 2007).

    “Civil society has been integral to the achievement of the development agenda at WIPO, but its functions and structure continue to limit civil society involvement,” Shabalala said. “This guide is designed to provide clear information on the functioning of WIPO and to make it a less intimidating area in which to operate.”

    Nick Ashton-Hart, a consultant with expertise in forging networks of NGOs to support issues, said a critical factor in the success of any coalition is ensuring the myriad players adhered to the same message.

    Ashton-Hart was a key player in attracting hundreds of NGOs, civil society groups and companies into a coalition that participated in the debate surrounding the WIPO Broadcasting Treaty within the UN agency’s Standing Committee on Copyright and Related Rights. The group opposed the treaty as proposed and contributed to its collapse earlier this year.

    “The coalition was easy to keep together because we kept the messages very simple and used practical examples,” Ashton-Hart said during the seminar. “And we kept the same messages and themes all the way through, which made it easier for groups to work together on the same idea.”

    Duncan Matthews, a reader in IP law at the Queen Mary University of London School of Law, told the seminar that NGOs had a critical role to play in representing the interests of developing countries, a relationship that he added could sometimes be problematic.

    “There has been the concern that NGOs had been focussing on the larger developing countries delegations (to international bodies) and some of the smaller country delegations felt their delegations had been listened to,” he said. Matthews published a study on NGOs and international organisations in 2006 (IPW, Technical Cooperation/Technology Transfer, 17 January 2007).

    NGOs, he added, could increase their effectiveness through a “greater use of evidence-based arguments” and capacity building on processes inside WIPO and the World Trade Organization with indigenous groups and social movements that they try to represent.

    Paul Garwood may be reached at info@ip-watch.ch.

     

    Comments

    1. Alan Story says:

      The third paragraph reads:
      “Groups representing the rights of indigenous peoples to control their intellectual property, such as folklore and traditional medicines, have become integral components of the WIPO traditional knowledge programme, participating in committees to set agendas and raise issues.”

      Such wording suggests that folklore and traditional medicines are, in fact, intellectual property. This, of course,
      is the WIPO view. Many others —and I include myself —- disagree; it is
      a none-too-subtle form of coercion which requires requires, as a starting point, that indigenous peoples see and categorise such matters as many non-indigenous peoples do.

      Alan Story


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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.

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    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.