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How Listing Ukraine As A Priority Foreign Country In Special 301 Violates WTO Agreements

Prof. Sean Flynn asks whether US sanctions of Ukraine under the US Special 301 program violates World Trade Organization rules. He also asks whether the operation of watch lists threatening sanctions for intellectual property matters could be challenged under the WTO even prior to any sanction going into effect.





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    A US Look At The New Digital Diplomacy

    Published on 6 October 2011 @ 11:21 pm

    By , Intellectual Property Watch

    Social media has changed the old-fashioned rules of diplomacy, a senior US State Department advisor on social media told aspiring diplomats in Geneva today. The established rules of decorum and etiquette are giving way to a more interactive, less hierarchical system.

    In the old world, you knew who to talk to, said Christina Tribble, the State Department’s senior advisor for social media. Now you don’t.

    And when you talk to a journalist now, you don’t know if they will respect the old rules of on record, off record, or deep background. It might be a blogger or social media writer for whom there are no rules.

    Now it’s not just journalists from the most elite publications or heads of state that ambassadors need to speak to, but it could be activists, bloggers or others who can control the message too.

    And when the ambassador say to call a journalist and get something retracted because its “not what I said,” the problem is that it doesn’t matter because it is “what was heard.” So ambassadors are being retrained to speak to “truthiness,” she said, a word made up by American comedian Steve Colbert to refer to something people feel they know despite the absence of actual evidence. With 140 character messages on Twitter, perception takes precedence over a fuller, more accurate explanation.

    She gave an example of a series of photos from a scene of violence in the Middle East each of which displayed a child’s toy – stuffed Disney cartoon characters – in the foreground. These photos made a big impact on global perceptions about the situation, creating the perception that innocent children were victims there, but likely were faked, with the toys set out in the photo for effect, she said. But the suspicion of them being faked came well after they had already had their effect.

    But governments now also can have more direct communication with people themselves, she said. Governments used to have to communicate through the foreign press now can communicate directly on the ground in the countries through social media and websites.

    Governments and others are learning that rather than just give people messages that you want them to hear, you can be much more effective by talking about what is being talked about already. “We have to share the stage,” Tribble said. As an example, she showed the website of a US mission in Indonesia (in local language “because it’s for them”) that had posted something about the death of Apple leader Steve Jobs and had quickly gotten hundreds of comments.

    Also important is the visual side, use of dynamic images that make a point. She said it is too bad for ambassadors who may have been expecting to have their pictures on the website all the time, meeting with various officials, but the more effective photos often will be about more than them.

    Tribble spoke on 6 October at the Geneva School of Diplomacy, located in a vernal hilltop park behind the UN and across from the US mission. The subject was “Innovative Diplomacy in a Digital World,” and Professor Ivan Ureta of the Geneva School of Diplomacy also spoke at the event.

    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.

     

     
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