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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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    EU’s Kroes Not Amused By ICANN Decision On New TLDs

    Published on 22 June 2011 @ 4:54 am

    Intellectual Property Watch

    By Monika Ermert for Intellectual Property Watch

    European Commission Vice President and Digital Agenda Commissioner Neelie Kroes is not satisfied with the decision of the ICANN Board in Singapore this week to open up the domain name space for new top-level domains (TLDs) like .eco, .gay or .paris.

    The Commissioner was “disappointed that the ICANN Board has repeatedly overlooked public policy concerns,” her spokesman Jonathan Todd wrote in answer to questions from Intellectual Property Watch.

    Todd pointed to letters by the EC and the US Government immediately before the ICANN meeting covering competitions concerns. Moreover, governments gathered on the eve of the ICANN meeting also according to Todd sent a “clear statement urging the ICANN Board not to adopt draft new procedures for creating new generic Internet top level domains (gTLDs) without first resolving a series of important public policy concerns, notably as regards allowing cross-ownership between Registries and Registrars and requiring that trademarks should be ‘in use’ to be protected by a special regime under the new rules.”

    The “ICANN Board failed to provide responses on how it intended to address these concerns,” the Commission warned. Instead “despite this advice, the ICANN Board today went ahead and adopted its new guidelines.” From Kroes’ point of view this has been the “second time in a row that the ICANN Board disregards governmental advice on public policy issues” – the first case being the creation the .xxx top-level domain.

    The EC now will carefully examine the statement issued by the ICANN board following the decision today and “coordinate its response with EU Member States and confer with international partners, notably the US.”

    ICANN together with the resolution on the start of the TLD process also has published its reasons [pdf] for issues where it did not take GAC advice.

    ICANN is obliged to do this according to the bylaws. The Commission will remain a strong supporter of the multistakeholder model which governs the internet, Todd wrote.

    “However,” he said, “the absence of an appropriate response on the part of ICANN to substantive public policy concerns underscores the need for the model to be reformed to remain sustainable.”

    Vice-President Kroes said: “The lack of an adequate response on the part of ICANN Board clearly points to some deficiencies in the current functioning of the model. This calls for specific actions in order to remedy the situation.”

     


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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.