SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

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.

Latest Comments
  • So simply put, we have the NABP saying that all ph... »
  • The original Brustle decision was widely criticise... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    ‘Counterfeit’ Dropped From New WHO Protocol On Illicit Tobacco Trade

    Published on 4 April 2012 @ 11:20 pm

    By , Intellectual Property Watch

    A new treaty protocol against illicit trade in tobacco products struck today at the World Health Organization saw a late-stage decision to strip out references to “counterfeit” products from the text, according to sources.

    Negotiators in the Intergovernmental Negotiating Body on a Protocol on Illicit Trade in Tobacco Products not only removed all references to counterfeit, they said, but added a preambular paragraph that states:

    Considering that this Protocol does not seek to address issues concerning intellectual property rights

    “Counterfeit has an intellectual property meaning,” said Jonathan Liberman of Australia, director of the McCabe Centre for Law and Cancer, and a member of the Union for International Cancer Control, who was at the negotiation in Geneva. Removing ‘counterfeit’ “was an acknowledgement that the [protocol] should not be concerned with tobacco industry trademarks. It should be concerned with whether taxes are paid on tobacco products,” which contributes toward public health objectives.

    “Protection of trademarks are of no relevance to a public health body,” Liberman told Intellectual Property Watch. Liberman published some updates during the week in the non-governmental Framework Convention Alliance Bulletin, available here.

    There is one more hurdle for the new protocol, as it must be approved by the Conference of Parties, which will meet in November in Seoul, South Korea. But that may end up being a formality after these negotiations finished the job.

    The latest text of the protocol will not be posted until 11 May, according to a WHO spokesperson. Documents from the outset of the 29 March to 4 April negotiation are here.

    References to counterfeit included linkages to illicit manufacturing, among other things.

    A reason for the deletion of references to counterfeit appears to have been related to the disagreement among WHO members over the definition of counterfeit. WHO members are working toward an agreement on a mechanism to address what they call “substandard/spurious/falsely-labelled/falsified/counterfeit medical products” (IPW, WHO, 28 January 2012). In that context, they also have agreed to remove intellectual property rights considerations.

    The protocol took four years (with five sessions and numerous intersessional meetings) to negotiate and involved the participation of 135 countries, WHO said in a release. It will take effect when 40 members have ratified it.

    “This is a historic moment for global tobacco-control efforts, as this is the first protocol under the WHO Framework Convention on Tobacco Control (WHO FCTC)”, said Ian Walton-George, chairman of the Intergovernmental Negotiating Body. “By agreeing to this Protocol, governments have reiterated their commitment to protect public health and tackle illicit trade in tobacco products.”

    According to the WHO, the protocol sets rules for stopping illicit trade in tobacco products through control of the supply chain. It also establishes terms for unlawful conduct, and measures for enforcement and international cooperation.

    “Under the Protocol,” WHO said, “the Parties propose to establish a global tracking and tracing system for tobacco products and reached agreement on other measures, such as licensing, liability, enforcement, information-sharing and mutual legal assistance. These measures are designed to counteract and eventually eliminate the illicit trade in tobacco products.”

    Illicit trade makes tobacco products more accessible and affordable, which contributes to the spread of the tobacco epidemic, WHO said. It also harms national economies and government policies, it said.

    The WHO Framework Convention secretariat will serve as the secretariat for the protocol. The convention was adopted by the annual World Health Assembly in May 2003 and entered into force in February 2005.

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

     

    Comments

    1. Tobaksbeskattning i EU « ameliaandersdotter.eu says:

      [...] jag ställde frågan till att börja med var en rapport från Världshälsoorganisationen om att varumärkesförfalskning exkluderats från organisationens nya avtal om tobak och hälsa. Anledningen var en önskan om att [...]


    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.

     

     
    Your IP address is 178.73.201.190