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

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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.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    Nagoya Protocol Access & Benefit-Sharing Meeting Kicks Off In New Delhi

    Published on 3 July 2012 @ 2:16 am

    By , Intellectual Property Watch

    A key committee of the Nagoya Protocol on Access and Benefit-Sharing treaty aimed at ensuring fair sharing of the benefits of genetic resources is meeting this week in New Delhi.

    The intergovernmental committee of the Nagoya Protocol was established under the treaty as a body to lead preparations for the first meeting of the parties to the agreement. The first governing body meeting will be held alongside the next meeting of the governing body of the Convention on Biological Diversity (CBD), to which it is a protocol.

    This week’s meeting from 2-6 July is the second of the committee. The first took place in June 2011.

    The meeting is expected to discuss issues such as: capacity building for implementation of the protocol; awareness raising; modalities of an ABS clearinghouse; procedures and mechanisms to promote compliance with the protocol; the agenda and rules of procedure for the first Conference of Parties (CoP) and Meeting of the Parties (MoP); and a global multilateral benefit-sharing mechanism, India said.

    Participants include more than 500 delegates from 193 countries of the world, representing government, academia, UN organisations, civil society and indigenous and local communities, according to the hosts.

    The Nagoya Protocol has been signed by 92 countries, and ratified by five. India signed the protocol on 11 May 2011, and is completing inter-ministerial consultations to ratify it, the government said in a release. The protocol will enter into force 90 days after the 50th ratification.

    The Nagoya Protocol was agreed in October 2010 (IPW, Biodiversity/Genetic Resources/Biotech, 29 October 2010).

    Meanwhile, 100 ABS agreements have already been signed in the Government of India through the National Biodiversity Authority, and benefits have also begun to reach to communities, the government said.

    The first meeting of the governing body of the protocol is expected to be held concurrently with a meeting of governing body of the CBD (the Conference of Parties).

    The next meeting of the CBD Conference of Parties (CoP 11) will take place in Hyderabad, India from 8-19 October. The draft agenda [pdf] shows the Nagoya Protocol figuring prominently.

    But in a 2 July press release, an Indian official indicated that it would be the following CBD CoP 12.

    “Very few countries have domestic ABS mechanisms in place,” it said. “However, there was hope that the process of ratifying the Protocol would pick up fast ensuring an early entry into force of this treaty. He said that it was important to keep the momentum and work towards holding the first meeting of CoP/MoP concurrently with CoP-12.”

    As described by India, the Nagoya Protocol on ABS “establishes a clear framework on how researchers and companies can obtain access to genetic resources and to traditional knowledge associated with genetic resources, and how benefits arising from the use of such material or knowledge will be shared. The Protocol also sets out clear obligation for Parties to provide that users of genetic resources within their jurisdiction respect the domestic regulatory framework of Parties from where the resource has been accessed.”

    An earlier press release on this week’s meeting is available here.

    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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