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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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    New Texts In Play In WIPO Traditional Knowledge, Genetic Resources Talks

    Published on 12 May 2011 @ 11:28 pm

    By , Intellectual Property Watch

    Negotiators trying this week to advance talks for UN World Intellectual Property Organization treaties on traditional knowledge, genetic resources, and folklore have made progress on draft texts, but are facing sharp criticism from indigenous groups and some governments claiming their concerns are being ignored. [Update: final IGC texts on traditional knowledge and traditional cultural expressions are out.]

    At issue are draft texts emerging from the 9-13 May meeting of the WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore. New texts have been produced by subgroups working during the week on traditional knowledge and genetic resources.

    Several participants today sought to suggest that there is a positive spirit in what is one of the most involved and vigorous negotiations in recent history at WIPO. Distance still remains on key issues such as how long protection of traditional knowledge might last, or whether nations should among the beneficiaries, rather than just communities, sources said.

    The committee is expected to reconvene in a plenary meeting tomorrow morning to receive the reports of subgroups working on each of the three committee topics. This evening, the subject of traditional cultural expressions (folklore) was taken up and no new text was made available at the outset.

    [Note: paragraph corrected] An earlier draft of the genetic resources text, available here [pdf], was stamped 11 May 5:30.

    And late today a new draft of the genetic resources text was circulated, available here [pdf]. The new text, stamped 1:00, shows numerous proposals deleted. The genetic resources are behind the other two topics and are still mainly focussed on objectives.

    Indigenous Peoples Decry Lack of Respect

    Perhaps surprising for a United Nations environment addressing their issues, indigenous groups are not permitted to participate directly in negotiations about their traditional knowledge, folklore and biological resources. Rather, they must get a recognised member state of WIPO to put forward their proposals. This was decided by WIPO member states. The WIPO secretariat has paid for indigenous peoples representatives to attend meetings on issues of interest to them.

    On the floor today, several representatives of indigenous peoples as well as several governments that support them declared that their proposals this week have been ignored, and, in some cases pulled from the draft text when the government sponsoring the proposal was not in the room. A blistering statement [pdf, in Spanish] was delivered by one indigenous group.

    Tonight, the indigenous groups issued a joint statement [pdf] charging that their views were “dismissed without consideration” in a Tuesday night subgroup meeting that they said was supposed to only “clean up” the text rather than actually make substantive drafting decisions. The groups were planning to hold a press conference at the UN in Geneva tomorrow (13 May).

    A representative of Venezuela today in the committee plenary said the process is unfair as he was the only member of his delegation and could not be in all sessions simultaneously, so was not there when his country’s proposals were stripped from the draft text. Representatives from Bolivia, Ecuador, and Guatemala also spoke in favour of the indigenous peoples view. The meeting chair, from Kenya, acknowledged their concerns but kept the committee moving forward on its agenda.

    The indigenous groups said in their statement that they will remain till the end of this week’s meeting. But, they insisted, their attendance should in no way be interpreted as having collaborated in the negotiations nor giving their consent to the outcome texts.

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

     


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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.