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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.

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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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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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    Lisbon Treaty Updates EU; New Commissioners Named

    Published on 2 December 2009 @ 1:09 am

    By , Intellectual Property Watch

    On 1 December, the Treaty of Lisbon entered into force, bringing a variety of changes across the European Union. Also this week, a new administrative cabinet has been named to represent the European Commission for the next five years, along with some changes in the structure of the EU administrative body.

    The new European Union will make some changes in the treatment of intellectual property rights (IPW, European Policy, 16 November 2009).

    European Commission President José Manuel Barroso announced his new cabinet on 27 November, with several new portfolios: Climate Action; Home Affairs; and Justice, Fundamental Rights and Citizenship. In addition, other portfolios were rearranged.

    Commissioners must be confirmed by Parliament and will appear before parliamentary committees individually from 11-19 January, with a vote of consent on the whole Commission expected on 26 January.

    Among the 26 new commissioners (a number of whom simply changed posts), are several in related positions:

    Joaquin Almunia (Spain), Competition and vice president of the Commission

    Catherine Ashton (United Kingdom), high representative for foreign affairs and vice president of the Commission

    Michel Barnier (France), Internal Market and Services

    John Dalli (Malta), Health and Consumer Policy (includes plant variety office, disease control and prevention, food safety authority, and the European Medicines Agency, added biotechnology from Environment)

    Karel De Gucht (Belgium), trade

    Connie Hedegaard (Denmark), Climate Action (to be set up before summer 2010)

    Maire Geoghegan-Quinn (Ireland), Research, Innovation and Science

    Neelie Kroes (Netherlands), Digital Agenda (was information society, now without media programme unit), first vice-president of the Commission

    Günter Oettinger (Germany), Energy (includes the energy part of the executive agency for competitiveness and innovation)

    Janez Potočnik (Slovenia), Environment (biotechnology, pesticides and health moves to Health and Consumers)

    Olli Rehn (Finland), Economic and Monetary Affairs

    The full list of nominated commissioners is here.

    The Lisbon Treaty, available here, was agreed in 2007, and is expected to open up European practices and make them more accountable.

    Ten examples of benefits for European citizens, cited by the Commission, are:

    “- A right for citizens to make a request to the Commission for it to propose a new initiative (“European citizens initiative”)

    - Better protection for citizens through the new status given to the Charter of fundamental rights

    - Diplomatic and consular protection for all EU citizens when travelling and living abroad

    - Mutual assistance against natural or man-made catastrophes inside the Union, such as flooding and forest fires

    - New possibilities to deal with cross border effects of energy policy, civil protection and combating serious cross border threats to health

    - Common action on dealing with criminal gangs who smuggle people across frontiers

    - Common rules to avoid asylum shopping where multiple applications are made to different member countries

    - Tackling terrorism through the freezing of assets

    - More democratic approach to EU decision-making (strengthened role of European Parliament and national Parliaments)

    - An ability to provide urgent financial aid to third countries*

    In Washington, DC and Geneva, the former European Commission delegation will now be called the European Union delegation. But there are no immediate changes within the Geneva office, an EU source said.

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

     

    Comments

    1. Benoit Misonne says:

      All delegations (quasi ‘diplomatic’ missions in 3rd countries) will be referred as EU Delegations from now on, but this is only a change of names … for now.

    2. AC says:

      Does this mean that the EU is now functionally similar to the US Federal government: that is, is the EU now a group of semi-sovereign States united under the more broadly encompassing EU government? Will this impact things like membership in the UN? Or change how EU member-States handle their individual foreign treaty obligations?

      I guess I’m sort of confused about what this means, in a general, overall sense.

    3. virginia says:

      For another take on the Lisbon Treaty, with notes on little-mentioned provisions, see: http://jurist.law.pitt.edu/forumy/2009/12/lisbon-treaty-who-is-europe-still.php

    4. Jose Izquierdo says:

      I draw your attention to a unique opportunity to first-hand presentations and question & answer session with managers from the Chinese administration in charge of TRADE MARKS, who will participate on 15th December 2009 in a workshop on the Chinese TM system in Brussels, under the auspices of the EU-China IPR2 project. More information at IPR2 website and OAMI ONLINE (inscription is free)http://oami.europa.eu/ows/rw/news/item1184.es.do

    5. Tim Roberts says:

      AC, you are correctly confused. The EU is (or may be) evolving towards federalism – strongly desired by some, strongly resisted by others, with many intermediate positions. So don’t expect clarity!


    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.

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    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.