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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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    Nations Begin Signing Protocol On Biodiversity Access And Benefit-Sharing

    Published on 7 February 2011 @ 5:55 pm

    By , Intellectual Property Watch

    Four developing countries have signed a recently completed international agreement on access to genetic resources and the fair retribution of benefits accrued from those resources. The protocol opened for signature in New York last week and efforts are underway to set up an information clearinghouse.

    The Nagoya Protocol [pdf] on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (CBD), adopted on 29 October 2010, must be ratified by 50 parties and would enter into force 90 days after the fiftieth ratification, according to the CBD.

    On 2 February, United Nations Secretary-General Ban Ki-moon called for an expedite entry into force of the protocol during the ceremony which opened the protocol for signature.

    Algeria, Brazil, Colombia, and Yemen signed the protocol which will remain open for signature until 1 February 2012 at the UN headquarters in New York, according to a CBD press release [pdf]. Japan reportedly plans to sign within a year [pdf].

    The eleventh meeting of the CBD Conference of the Parties (COP), the convention’s governing body meeting every two years, will be held in India from 8-19 October 2012 and is the target for the first meeting of the Parties to the Protocol. To reach this target, the protocol should enter into force no later than 8 October 2012 said the release.

    According to the CBD, benefits are not just monetary benefits. “Benefits derived from genetic resources,” it said, “may include the sharing of the results of research and development carried out on genetic resources, the transfer of technologies that make use of those resources, participation in biotechnological research activities, or monetary benefits arising from the commercialization of products based on genetic resources, such as pharmaceuticals.”

    Clearing House Modalities to be Discussed

    Article 14 of the protocol established an Access and Benefit-sharing Clearing-House which will make available information provided by parties on access and benefit-sharing and in particular information on the implementation of the protocol. Information should include policy measures on access and benefit sharing, information on the national competent authorities, evidence of the decision to grant prior informed consent and establishment of mutually agreed terms, and relevant (if available and as appropriate) competent authorities of indigenous and local communities.

    An expert meeting on the modalities of operation of the Access and Benefit-sharing Clearing-House will take place on 11-14 April in Montreal, according to a CBD notification [pdf].

    The April meeting, financed by the European Union, will focus on practical considerations to provide input to the first meeting of the Open-ended Ad-hoc Intergovernmental Committee for the Nagoya Protocol on Access and Benefit sharing on 6-June 2011. The April meeting will also serve to assist countries with the ratification and implementation of the protocol, said the notification.

    The group of experts will be composed of eight experts per region, according to the release, as well as 10 observers coming from institutions such as international organisations, industry, research institutions, botanical gardens and other ex situ collection holders, nongovernmental organisations, and indigenous and local communities.

    Catherine Saez may be reached at csaez@ip-watch.ch.

     

    Comments

    1. Tweets that mention Nations Begin Signing Protocol On Biodiversity Access And Benefit-Sharing | Intellectual Property Watch -- Topsy.com says:

      [...] This post was mentioned on Twitter by IP-Watch and Scott Feldman Esq., M.O.C.. M.O.C. said: Nations Begin Signing Protocol On Biodiversity Access And Benefit-Sharing: Four developing countries have signed… http://bit.ly/egazSG [...]

    2. Nations Begin Signing Protocol On Biodiversity Access And Benefit … | Non-governmental organizations says:

      [...] is the original post: Nations Begin Signing Protocol On Biodiversity Access And Benefit … This entry was posted in NGO, United Nation and tagged ceremony, ceremony-which, expedite-entry, [...]

    3. Tim Roberts says:

      Is ‘retribution’ quite the right word? Maybe it is!


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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.