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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.

To What Extent Can Global IP Rules Be Responsive To Public Interest Demands? The Case Of The Treaty For The Visually Impaired

To what extent can global intellectual property rules address in an effective manner the needs of the most vulnerable members of society? This is the key question with which member states of the World Intellectual Property Organization (WIPO) are faced as they prepare to meet next week for a diplomatic conference, in Marrakesh, that should result in the adoption of a treaty to facilitate access to copyrighted works by visually impaired persons and persons with print disabilities.


Interview With Tanja Rajić: The Impact Of EU Enlargement On Trademark Practice In Croatia

Ten years after applying for membership, Croatia is finally joining the European Union on 1 July 2013. Tanja Rajić, senior associate at PETOSEVIC, explains how six years of accession negotiations and the adoption of the acquis communautaire have affected intellectual property protection in Croatia and prepared it for becoming a member state.





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    China, India To Raise Concerns At WTO About “TRIPS-Plus” Measures, ACTA

    Published on 3 June 2010 @ 10:18 pm

    By , Intellectual Property Watch

    China and India, two increasingly potent players on the global economic stage, next week plan to voice concerns at the World Trade Organization about efforts by developed countries to push poorer trading partners beyond their WTO commitments on trade and intellectual property rights, so-called TRIPS-plus measures.

    The issue has been placed on the agenda of the 8-9 June Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

    “The idea is to raise concerns about all the TRIPS-plus [activity] around us,” said a developing country official familiar with the issue. This includes bilateral and regional free trade agreements and “its culmination in the form of ACTA,” the Anti-Counterfeiting Trade Agreement being negotiated among a group of mostly developed WTO members (led by the United States and the European Union, which are actively negotiating bilaterals).

    The issue is coming up in part now that non-negotiating governments have seen the draft text of ACTA since its release in April under public interest pressure. “Now we have a basis for a systematic analysis,” the official said.

    Key areas of concern to be raised include: a lowering of the threshold for criminal cases, damages, transit issues, and cross-referencing in the European Union, the official said. The latter refers to the recently completed EU-CARIFORUM agreement that the official said will make it necessary for the Caribbean countries to effectively implement ACTA without having been involved in the ACTA negotiation. [Update: this refers to Article 139(1) of the EU-CARIFORUM Economic Partnership Agreement, available here.]

    The TRIPS Council is a venue for discussing any issue related to the 1994 WTO TRIPS Agreement, which set out terms for respecting IP rights but also contains flexibility for countries to be able to override it if they deem it in their national interest.

    To China and India, the official said, TRIPS-plus issues “constrain flexibilities and undermine the balance of rights in the TRIPS Agreement.”

    The April 2010 public version of ACTA is available here [pdf].

    Countries negotiating ACTA include: Australia, Canada, the European Union and its 27 member states, Japan, Mexico, Morocco, New Zealand, Singapore, South Korea, and Switzerland.

    India and Brazil recently filed a dispute settlement case at the WTO against the EU for customs measures that have led to stoppages of legitimate generic medicines passing through from India to developing countries out of concern that the generics infringed IP rights of European brand-name drugmakers (IPW, WTO/TRIPS, 12 May 2010).

    China this week came under fire in its biennial WTO trade policy review from the US and EU for lax IP rights enforcement and possibly discriminatory encouragement for domestic innovation (IPW, WTO/TRIPS, 3 June 2010).

    Next week’s TRIPS Council meeting also includes a usual list of issues related to the longstanding Doha Round trade negotiations at the WTO, and another new issue, a wish by some developing countries to hold a workshop to examine why a 2003 TRIPS amendment intended to help poor countries obtain affordable medicines more easily has almost never been used (IPW, WTO/TRIPS, 31 May 2010).

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

     

    Comments

    1. Miles Teg says:

      It should be possible for countries to join up and sign an agreement that states: We agree to be bound by TRIPs commitments and commit to not exending any further commitment exceeding our TRIPs obligations unless collectively decided under this agreement. Exceptions may be granted in terms of national law, provided that it does not nullify or impair this commitment and provided that such exception may be reversed by national legislation. The latter shall not be subject to conditions of any international agreement including aid commitments.

      Collective agression perhaps needs collective defense. International law is pliable and should be used. No use taking a knife a to a gunfight…

    2. Casino ACTA! Patrocinado por Washington© (Ago 16-20) | Crítica Pura says:

      [...] y China lo saben, por lo cual su queja contra ACTA en la Organización Mundial del Comercio ha sido [...]

    3. Piraattipuolueen blogi » ACTA kyykyttää kehittyviä maita says:

      [...] pakottaa kehittyvät maat hyväksymään etujensa vastainen sopimus. Esimerkiksi Brasilia, Intia, Kiina ja Meksiko ovat protestoineet ACTA-neuvotteluja [...]


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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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