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    Intellectual Property Watch
    18 March 2010

    Influential EU Industry Group Urges Stronger IP Focus In Trade Relations

    By David Cronin for Intellectual Property Watch @ 9:12 pm

    Greater emphasis should be placed on intellectual property issues in the European Union’s trade relations with developing countries, a leading employers group has recommended.

    Almost 180 developing countries are eligible to export their goods to the EU at lower tariffs than apply to richer countries under the so-called Generalised System of Preferences (GSP). As these preferences will expire next year, the European Commission is assessing whether alterations to the entire scheme should be introduced before a new set of preferences comes into effect.

    In a paper presented to the Commission this week, BusinessEurope, an alliance of corporations, has argued that a revised GSP should reflect the broader trade agenda which the EU is pursuing. That agenda was set out in the Commission’s 2006 policy document, titled Global Europe; it committed the EU to seeking that foreign countries introduce stringent standards on intellectual property as part of an effort to create more investment opportunities abroad for firms based in Europe.

    BusinessEurope is now urging that countries participating in the GSP should have to comply with tougher IP rules in order to remain eligible for it.

    Ileas Konteas, an advisor on IP issues to the lobby group, argued that it is appropriate to make demands of developing economies in this area as some of them have signed the World Trade Organisation’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

    Asked if corporations are seeking that the EU pursues an even more aggressive trade policy than it now does, he said: “I don’t think I would use the word ‘aggressive’. Some developing countries are already members of the TRIPS agreement. And being a member of TRIPS means you have obligations to raise protection standards [for intellectual property].”

    According to BusinessEurope, IP issues should be brought within the scope of both GSP and a modified version of the scheme known as GSP Plus. Under GSP Plus countries identified as “vulnerable” can be granted additional reductions on trade tariffs than those applying to the basic GSP, provided they adhere to 27 international conventions. Sixteen countries, mostly in Latin America and Asia, are now covered by GSP Plus, although the European Commission announced in February that Sri Lanka could be suspended from the scheme later this year following a probe into its record on torture, child welfare and civil rights.

    Karel de Gucht, the EU’s commissioner for trade, told a conference in Brussels on March 16 that while imports into the Union under the GSP system have been “steadily increasing” and were worth 68 billion euros in 2008, data assessing the effects of the global economic slowdown on such imports were not yet available.

    De Gucht also queried whether it is correct to continue allowing countries that have registered robust economic growth to take part in the system. India, Brazil and Thailand are the three largest users of the system.

    “The fundamental question for the review is whether the current GSP objectives remain valid and whether GSP preferences are still the best tool to approve them,” De Gucht said. “That implies asking the hard questions. Is it right that GSP continues to be available to traders who have in the meantime become major global players in international trade with very significant and wide-ranging exports to the EU?”

    Marc Maes, a trade campaigner with the Belgian anti-poverty organisation 11.11.11, described BusinessEurope’s proposal of linking GSP Plus to IP protection as a “very strange idea”.

    “Is BusinessEurope suggesting that countries who do not stick to the 27 conventions would get harsher IPR [intellectual property rights] limits slapped on them?” he asked. “GSP Plus is supposed to be an incentive, to offer something of value and to encourage countries to live up to certain standards. It is not a negative instrument.”

    Barbara Specht from the group Women in Development Europe, who organised a protest against how EU trade policy is allegedly being driven by corporate profits this week, noted that developing countries have been resisting efforts to have tougher rules on IP enforcement introduced at WTO level. As a result, BusinessEurope’s staff are now looking at alternative ways of making developing countries comply with IP standards that have in the past only applied to more industrialised economies. “They are searching for any way to get what they want,” she said.

    David Cronin may be reached at info@ip-watch.ch.

     

    Comments

    1. Jan Goossenaerts says:

      Global Europe at http://trade.ec.europa.eu/doclib/docs/2006/october/tradoc_130370.pdf talks of China, ASEAN, Korea, Mercosur, Chile, Russia and Ukraine as IPR trouble areas.

      Would it make sense to make additional IPR enforcement burden a “top-priority” in (all) countries considered “vulnerable” in the sense of Article 8 of the GSP Regulation 2009-2011 (countries listed at http://trade.ec.europa.eu/doclib/docs/2008/july/tradoc_139963.pdf )?

      If you think it does, then read: The Development Dimension Aid for Trade
      MAKING IT EFFECTIVE https://www.oecd.org/dataoecd/23/15/37438309.pdf

    2. Jan Goossenaerts says:

      Many (legal and economic) experts consider the patchwork IPR regimes and ad-hoc approaches in their enforcement a key hurdle to development: the current regimes create lock-ins, high costs, many uncertainties, and an increasing number of constraints for creators and innovators.

      Here two theme pages:
      - on the printing-age copyright regime and its systemic flaws: http://www.pragmetaknowledgeclout.be/knowledge-markets

      - on the Patent System (reform needs, and how current US initiatives fail to please the smallholders): http://www.pragmetaknowledgeclout.be/patent-reform

      Rather than pointing fingers to the developing world, and suggesting we need more patches, BusinessEurope might use its clout to elaborate and advocate a systemic reform with pro-poor priorities.


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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.