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How Listing Ukraine As A Priority Foreign Country In Special 301 Violates WTO Agreements

Prof. Sean Flynn asks whether US sanctions of Ukraine under the US Special 301 program violates World Trade Organization rules. He also asks whether the operation of watch lists threatening sanctions for intellectual property matters could be challenged under the WTO even prior to any sanction going into effect.





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    New Proposal At WIPO For Exceptions and Limitations Agreement; US Unconvinced

    Published on 11 March 2008 @ 3:34 pm

    Intellectual Property Watch

    By William New
    Several nations have joined Chile in presenting a new proposal for work on limitations and exceptions to this week’s meeting of the World Intellectual Property Organization copyright committee. The work would include establishing an international agreement on the issue.

    But the United States told the plenary on Tuesday that it is “not ready” for norm-setting activities on exceptions and limitations and needs to see “evidence-based” analysis to show the need for more work on this area, according to sources.

    The new proposal, available here [pdf], offered Tuesday by Brazil, Chile, Nicaragua and Uruguay, calls for work on three areas: identification from members’ national IP systems of models and practices on exceptions and limitations; analysis of exceptions and limitations needed to promote and disseminate creation and innovation; and establishment of an agreement on exceptions and limitations for the public interest, as a minimum in all national legislation.

    Special concern would be given to the most vulnerable or socially needy sectors, based on recent WIPO-commissioned studies, the proposal said.

    The WIPO Standing Committee on Copyrights and Related Rights (SCCR) is meeting from 10-12 March (IPW, Copyright Policy, 11 March 2008). The proposal echoes an earlier Chilean proposal to the committee that launched discussion on the topic at WIPO over two years ago (IPW, Technical Cooperation/Technology Transfer, 12 January 2006).

    The new proposal suggested a four-phase work plan. The committee would, along with the WIPO secretariat and interested stakeholders, analyse the current status of the issue at the international level, followed by analysis of the national level. Next, the committee would discuss the “justifications and implications” for exceptions and limitations, and finally undertake to select exceptions that would form a minimum global framework.

    In the end, the committee would adopt formal recognition of mandatory minimum exceptions and identify models for other exceptions to be best practices.

    The short-term agenda would begin with a two-day meeting at the next SCCR with the presentation of all WIPO-commissioned studies by their authors, alongside other studies.

    It also would involve an “Open Forum” on technology and exceptions and limitations to copyright with industry representatives, researchers and academics to analyse the implications.

    Finally, it would include at least an additional WIPO study during 2008 on exceptions and limitations for educational purposes.

    US Wants Proof

    The formal responses to the proposal had not been made, but the United States said that it would like to see more evidence of the need for more work on exceptions and limitations, noting that it remains open to the discussion, sources said. It also suggested to the plenary a possible impact on existing international treaties such as the long-standing Berne Convention for the Protection of Literary and Artistic Works.

    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.

     

     
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