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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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    UN Climate Report Envisions Modified TRIPS As Governments Seek Progress

    Published on 1 September 2009 @ 2:08 pm

    By , Intellectual Property Watch

    Scientists and bureaucrats meeting this week on climate change and weather data are struggling to move global discussion past general declarations of recognition and commitment to address environmental change. One bump under the rug at the United Nations conference is rights over environmental technologies, and a new UN report released Tuesday calls for massive investment and a focus on flexibilities in – and possible changes to – intellectual property rights rules to help developing countries access information and technologies.

    The Third World Climate Conference (the first was in 1979, second in 1992), being held in Geneva and organised by the UN World Meteorological Organization and other UN agencies, will “establish an international framework to guide the development of climate services which will link science-based climate predictions and information with climate-risk management and adaptation to climate variability and change,” according to the conference website.

    On Tuesday, the World Economic and Social Survey 2009, subtitled, “Promoting Development, Saving the Planet,” was released. The report, drafted by the UN Department of Economic and Social Affairs, a top secretariat office at headquarters in New York, focuses on climate change and calls for dramatic changes in the status quo in order to prevent destruction of the planet.

    The report calls for a new approach to addressing climate change, with an enormous scale-up in investment in “low-emission, high-growth” strategies for developing countries. It says an upfront investment of one percent of annual global GDP, between $5-6 billion [Correction: $500-600 billion] per year, for several years would bring developing countries on board on climate change and put the world on track. This figure echoes the US commitment made to reconstruct Europe under the Marshall Plan after World War II, Richard Kozul-Wright, chief of the Development Policy and Analysis Division at UNDESA, told reporters Tuesday. He also said the world mustered some $11 trillion to save financial institutions recently and might consider whether the “continuation of species,” including possibly the humans, might be of at least equal importance.

    The report found that the major cause of the climate problem has come from developed countries, and developing nation representatives at the conference argue the focus of global climate talks should shift away from mere emissions counts by nation, focusing instead on emissions per capita. The non-profit Third World Network this week issued a call for developed countries to “pay up” for the ecological debt they have incurred in their development.

    This is supported by UN analysis. For instance, China is often cited as a major contributor to emissions, but this is a factor of its population size as China’s per capita emissions are lower than those of the United States before World War I, according to Kozul-Wright. The aim of climate change policy should be to address the problem while not stifling developing country growth targets of 5-7 percent per year, the report said.

    A key concern is the cost of new technologies, said Kozul-Wright, the research for which is often said to be incentivised by the possibility of monopolies through patents. The report found that the distribution of patent ownership of climate-related technologies is “very heavily” skewed in favour of advanced economies.

    WTO Declaration on TRIPS and Climate Change?

    “The current legal and policy framework governing intellectual property (IP) and technology, as contained mainly in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), might therefore represent a barrier to technological diffusion and negatively affect both adaptation and mitigation efforts in developing countries,” UN-DESA said in a release on the report. Multilateral actions to improve the IP framework should be a “top priority” in global talks, and these actions “can either be channelled to better exploit existing flexibilities or require a modification of the TRIPS agreement in the framework of the World Trade Organization.”

    An in-depth chapter on technology transfer in the report details ways to take advantage of existing flexibilities built into TRIPS for developing countries, including limiting patentability and use of compulsory licensing. It also proposes ways in which TRIPS might be modified, creating a new “Declaration on TRIPS and climate change,” with exceptions for least-developed countries and small island nations and offer new incentives for the transfer of environmental technologies.

    The report also works through possible changes to licensing schemes to streamline the process for developing countries, including possible temporary licences granted along the lines of the International Treaty on Plant Genetic Resources for Food and Agriculture. The report acknowledges the “great political difficulties” in modifying a WTO agreement, but said treatment of technologies might be less crucial than broader objectives of TRIPS, “as evidenced by the progress in respect of essential medicines,” It added that governments might stress common interests in advancing the global public good of a stable climate.

    The report also urges open-source sharing of information access, and increased sharing of public research and development results. It suggested the Multilateral System of Access and Benefit-Sharing of the international plant genetic resources treaty as a model.

    US Remains Non-Specific on Action

    A top United States official on climate change, Sherburne “Shere” Abbott, in a Monday briefing with reporters, declined to move past generalities, but sought to send a message of departure with the past administration. “Climate change is here and it’s real,” Abbott said.

    Abbott was named in March as associate director for environment at the White House Office of Science and Technology Policy. Her husband, James Steinberg, was named deputy Secretary of State and served as a national security adviser in the Clinton administration, according to Politico.

    Climate change is “a major priority of the Obama administration,” said Abbott. “We intend to take aggressive action” and provide “new leadership.” She also said the US is sharing a “large amount” of scientific information with developing countries and working on “strategies and modalities” to share products with “those who need them.”

    Abbott would not discuss details on how the US will fulfil these claims, including whether sharing products and technology would involve intellectual property rights. But she said the US brought a delegation of about 50 scientists, officials from a range of agencies and pointed to the administration’s largest budget increase in research and development “in recent years.”

    Abbott called the Geneva meeting “essential” to the December meeting in Copenhagen of the UN Framework Convention on Climate Change (UNFCCC) as this week’s gathering integrates science into the process. The hope this week is to “launch a global framework for climate services,” she said.

    But there appears to be a de-linking between this week’s meeting and the UNFCCC, according to participants.

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

     

    Comments

    1. Swift Offshore | Offshore Jobs And News From Around The TInternet says:

      [...] Intellectual Property Watch » Blog Archive » UN Climate Report … [...]

    2. ravi srinivas says:

      RIS Discussion paper 153 Climate Change, TechnologyTransfer and Intellectual Property Rights is now available for downloading.
      It can be downloaded from
      RIS website http://www.ris.org.in/dp153_pap.pdf
      SSRN http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1440742
      or through my SSRN page http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=290086

    3. P2P Foundation » Blog Archive » UN reports urges open-innovation-friendly IP for climate change says:

      [...] to IP Watch, “the World Economic and Social Survey 2009, subtitled, “Promoting Development, Saving the [...]


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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.

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