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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.

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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.

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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    WIPO Internal Audit Division Seeks Consultants To Assess IP In Kenya

    Published on 2 May 2011 @ 11:56 pm

    By , Intellectual Property Watch

    The World Intellectual Property Organization Internal Audit and Oversight Division is seeking expressions of interest from consultants to conduct an evaluation and analysis of Kenya’s performance with intellectual property rights during the years 2005 to 2010. The study aims to help WIPO members to assess the effect of the UN agency’s work in the country during that time, and to boost learning and accountability.

    Proposals can be submitted from individual consultants or a group of consultants, and are due by 20 May. Kenya is a pilot country portfolio evaluation, organised by the WIPO Internal Audit and Oversight Division. The need for an evaluation arises in part from implementation of the WIPO Development Agenda and concern on the part of some member states about the effect of WIPO’s assistance in developing countries, according to the terms of reference. It also arises from the WIPO director general’s interest in management having more reliable information to use in decision-making, it said.

    The terms of reference are available here [pdf].

    The deadline is 20 May, 2011. Work is expected to begin in June and run to the end of the year.

    According to WIPO, the main objectives of the evaluation will be to:

    “Assess and report on the performance and results (outputs, outcomes and where possible impact) of the activities undertaken in Kenya for the period of 2005-2010 in line with the WIPO mandate and in response to the country’s needs, as well as analyzing the factors that accounted for the achievement or lack thereof (accountability); and

    Determine the reasons for observed success/failure and draw lessons from experience to produce evidence-based findings to allow Senior Management to make informed strategic decisions about positioning itself in Kenya, from strategic partnerships, and improve operations design and implementation whenever possible (learning).”

    The terms of reference said of the reason for the evaluation that, “WIPO’s Member States and other key stakeholders are increasingly requesting evidence of the effects of WIPO development oriented activities and the results being produced by the Organization.”

    “With the introduction of the development agenda, WIPO has developed further services and dedicated more resources aimed to fulfill the needs of developing countries, as reflected by the Development Agenda Recommendations and the constitution of the Committee on Development and Intellectual Property (CDIP). Furthermore, WIPO’s Director General has indicated the Evaluation Section that there is a need from management to have more reliable information they could use for decision making purposes. In special management is keen to have evaluations of the effects of development oriented activities.

    The terms of reference said in a footnote that the Evaluation Section defines as development oriented activities “all activities undertaken in a specific country which are meant to contribute to WIPO’s vision of developing a balanced and accessible international IP system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. These activities encompass all activities dedicated to capacity building, infrastructure, norm setting activities, including all technical assistance activities and others.”

    Another footnote said that “according to the international definition ‘results’ go beyond the outputs and include also outcome and impact of interventions.

    Kenya could be an interesting case during that period because it undertook significant efforts to increase its intellectual property protection and enforcement (IPW, Developing Country Policy, 2 July 2009), including anti-counterfeiting legislation so strong it was later judged to be anti-constitutional.

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

     


    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.

    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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