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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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    Voting Procedures Set for WIPO Director General Vote Next Week

    Published on 8 May 2008 @ 4:53 pm

    Intellectual Property Watch

    By William New
    The final procedures appear to be in place for next week’s all-important nomination election for the next director general of the World Intellectual Property Organization (WIPO).

    The WIPO Coordination Committee, the 83-member government executive body of the UN organisation, will meet on 13 May to narrow 15 candidates down to one. The new director general would take office for a six-year term on 1 October, the day after the scheduled conclusion of the General Assembly that must finalise the approval.

    Next week’s Coordination Committee meeting is scheduled to last as long as three days, through 15 May, if necessary. The committee’s recommendation will be forwarded for final approval to the General Assembly, where sources say approval is likely.

    Under the final rules of procedure, all voting will be by secret ballot, most likely on preprinted paper ballots deposited into a transparent box by two tellers drawn by lot among a list of volunteer delegates from each regional group, WIPO officials said. The first round will be an informal straw poll in which each member names their top two choices. This poll will not count but may lead to some candidates withdrawing.

    In the actual voting, the lowest-scoring two candidates will be eliminated in each round until there are nine candidates remaining, after which there will be one eliminated in each round. During the meeting, between the plenary voting sessions there will be intensive periods of informal negotiating among members. Near the end, it would be possible that members could reach agreement on the final candidate through informal negotiation rather than vote, an official said.

    This election’s procedure offers more opportunity for consultation and slower progress through the candidates than the last election in 1997, which resulted in the election of current Director General Kamil Idris, who will retire from the post one year early under pressure from some member states. Although the new director general will take office on 1 October, Idris will be paid his salary for an overlapping 14 months to the end of his original term, in late 2009, according to WIPO officials.

    In next week’s meeting, there is a procedure for dealing with tie votes. If the tie does not involve candidates with the least number of votes, it does not affect the process. If it occurs among those with the least number, the chair could decide to hold a new round between the tied candidates only.

    Of WIPO’s 184 members, only 83 governments will get to cast votes as members of the Coordination Committee. The other members communicate their views individually and through WIPO’s seven regional groups, six of which are based on geographic regions and one including the world’s largest economies (and holders of the vast majority of intellectual property rights). The Coordination Committee makeup is agreed by consensus by members at the annual WIPO General Assembly. Any member that belongs to a WIPO treaty or union is eligible for the committee.

    There has been unconfirmed discussion of suggested offers to countries of senior posts within WIPO if a certain candidate is elected. The director general has the authority to recommend the most senior officials to the membership, which typically accepts those nominations.

    The 15 candidates are: Alicja Adamczak (Poland), Toufiq Ali (Bangladesh), Jorge Amigo Castañeda (Mexico), José Graça Aranha (Brazil), Gjorgji Filipov (Macedonia), Francis Gurry (Australia), Masood Khan (Pakistan), Enrique Manalo (Philippines), Mauro Masi (Italy), James Otieno Odek (Kenya), Philippe Petit (France), Bojan Pretnar (Slovenia), Boris Simonov (Russia), Yoshiyuki Takagi (Japan), and José Delmer Urbizo (Honduras).

    The biographies of the candidates are on the WIPO website, and interviews with the candidates are on the Intellectual Property Watch website.

    The chair of the Coordination Committee is Hilde Skorpen of Norway.

    The current members of the Coordination Committee are: Afghanistan (ad hoc), Algeria, Angola, Argentina, Australia, Austria, Bangladesh, Barbados, Belgium, Benin, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Colombia, Costa Rica, Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia (ad hoc), Finland, France, Germany, Ghana, Hungary, Iceland, India, Indonesia, Iran, Ireland, Italy, Japan, Jordan, Kenya, Kyrgyzstan, Korea, Latvia, Libya, Luxembourg, Madagascar, Malaysia, Mexico, Morocco, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russia, Senegal, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland (ex officio), Thailand, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, and Zambia.

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

    Categories: News, English, United Nations, WIPO

     

    Comments

    1. Yemek Tarifleri says:

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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.