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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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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.

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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    After Folklore, Traditional Knowledge Makes Steps Toward WIPO Treaty Text

    Published on 25 February 2011 @ 11:17 pm

    By , Intellectual Property Watch

    After a week of technical discussions to elaborate a draft text designed to help the World Intellectual Property Organization member states reach a treaty text on the protection of traditional knowledge, experts provided a set of draft articles, comments and proposed amendments.

    According to the draft summary report [pdf] of the expert working group, WIPO secretariat will prepare a document for the next session of the organization’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), taking place in May. The secretariat will incorporate the draft articles, the comments make by experts in plenary, with attribution and also comments made by experts representing observers.

    The three tracks of the IGC have been divided into expert working groups meeting between the biannual IGC meetings and called intersessional working groups to facilitate progress on negotiations. Those working groups are composed of experts coming mostly from diplomatic missions, ministers, and from national intellectual property offices, along with representatives of indigenous peoples, civil society, industry, international intergovernmental organisations.

    The purpose of those meetings is to have technical discussions which keep the political dimension at large and trying to present the next IGC with language that could become the text of a negotiating treaty.

    The First Intersessional Working Group met in July and dealt with traditional cultural expressions. It produced a text ready to be presented to the IGC. In the footsteps of the first group, the Second Intersessional Working Group meeting this week aimed at producing a text from which the IGC could work.

    That goal seems to have been achieved and working group Chair Ian Heath of Australia told Intellectual Property Watch today that the discussions had been mostly on substance and had steered away from political interventions.

    Six open-ended drafting groups were sent to find common languages on Wednesday and yesterday a set of draft articles were produced and were discussed until the end of the session today (IPW, WIPO, 23 February 2011).

    No changes have been made in the text, but all comments have been recorded and will be taken forward to the IGC, Heath said. There is no disagreement on intent, he told Intellectual Property Watch, but some divergence on how to reconcile sometimes very different points of view on the protection of traditional knowledge.

    A set of different options sprinkle the draft articles, showing the inability of the drafting groups to reach common language on most of the articles (IPW, WIPO, 25 February 2011).

    The draft summary report of the Second Intersessional Working Group was presented to the experts this afternoon and adopted with only a minor edit in the language of points 6 and 7 of Agenda Item 4 to include a mention of specific text proposals suggested by experts, in the description of the comments given to the draft articles, Heath said.

    The new version of the draft summary report including this version was not available at press time.

    Genetic Resources Next

    Next week, the Third Intersessional Working Group will meet to discuss genetic resources. Unlike the two first working groups, this one will not have a single document to work from but a set of documents including country submissions and comments, putting an extra challenge to the group.

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

     

    Comments

    1. Long Week Ahead For WIPO Experts Considering Treaty On IP And Genetic Resources | Intellectual Property Watch says:

      [...] The First Intersessional Working Group (IWG 1) of the IGC worked on traditional cultural expressions in July and produced a text that will be presented to the next IGC (IPW, WIPO, 26 July 2010). The Second Intersessional Working Group (IWG 2) addressed traditional knowledge from 21-25 February and also produced a set of draft articles to be brought forward to the ICG (IPW, WIPO, 25 February 2011). [...]

    2. This week in review … WIPO IGC working groups make progress on TK, continue with genetic resources « Traditional Knowledge Bulletin says:

      [...] After Folklore, Traditional Knowledge Makes Steps Toward WIPO Treaty Text IP Watch, 25 February 2011 [...]

    3. Long Week Ahead For WIPO Experts Considering Treaty On IP And Genetic Resources | Conservation Commons says:

      [...] from 21-25 February and also produced a set of draft articles to be brought forward to the ICG (IPW, WIPO, 25 February 2011 [...]

    4. WIPO Members To Work Toward Treaty On Folklore, Traditional Knowledge, Genetic Resources | Intellectual Property Watch says:

      [...] The draft text is strewn with different options reflecting the obstacles experts met with in trying to reach common language on most of the articles (IPW, WIPO, 25 February 2011). [...]


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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.