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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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    Traditional Cultural Expressions Talks Back On Track At WIPO

    Published on 10 July 2012 @ 4:28 pm

    By , Intellectual Property Watch

    Delegates at the World Intellectual Property Organization today finally adopted the agenda of the 22nd session of the Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), and started work. But not before being sharply reminded of their duty in representing the public.

    On the first day of the meeting, no consensus could be found on agenda item 9 on future work of the committee, as put forward by the Group B developed countries (IPW, WIPO, 9 July 2012).

    Alternate wording was agreed upon today. Instead of the original item, “Recommendation to the Forty-First Session of the WIPO General Assembly on the Future Work of the Committee,” language proposed by Group B – ” Expression of use on future matters concerning the IGC” – was accepted with some reluctance by developing countries.

    The African Group, supported by several developing countries, reiterated their doubts and reservations on the relevance of agenda item 9, which they said would divert attention from the IGC 22 focus on the protection of traditional cultural expressions. They said again that any future work of the IGC was not in the mandate of the committee.

    Egypt, on behalf of the African Group, made the following statement: “The group will not be able to engage in the discussions on this agenda item whether in formal or informal consultations relating to it. The group firmly believes there should not be any outcome decision on this agenda item.”

    Chair Unveils Programme of Work, Admonishes Delegates

    After the agenda was adopted, the IGC chair, Amb. Wayne McCook of Jamaica, launched into an admonishment of delegates.

    “It is the understanding of the chair,” he said, “that mandates established by a superior body can only be amended and adjusted by that superior body. There can be no subsidiary body overruling a decision of a superior body and it would my hope my that we do not spend valuable time discussing what is legally impermissible,” he said, calling to make up for “wasted time.”

    “This committee will not be held up ad infinitum in discussions without a purpose or without direction,” McCook said. “This is not the way we would expect to proceed in doing the peoples’ business.”

    “It costs a delegation nearly 5,000 Swiss Francs to send a delegate to Geneva,” McCook said. “Let us remember that every minute we spend ought to have a purpose. We are not here on our own business. We are here at the behest of our citizens, some of them in dire poverty.”

    “We are paid to be here in order to advance the common good,” he added. “Let me appeal that we honour the people who pay their taxes which enable us to get here to do their work.”

    The working methodology will have a twin approach, he said, combining plenary and informal sessions. A group of experts will meet in informal sessions, he said, and the facilitator from IGC 19, Kim Connolly-Stone from New Zealand will help the process.

    The plenary will review the text two times, McCook said, and on the last session the plenary will be invited to make comments that will be noted and transmitted to the WIPO General Assembly.

    The expert group will be composed of a maximum of five experts from regional groups, according to McCook, and other member states will be permitted to sit in but will have no direct speaking right.

    Indigenous peoples are invited to provide one expert to participate in the expert group as an observer, the chair said. Indigenous groups had sought fuller participation (IPW, WIPO, 9 July 2012).

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. The Intergovernmental Committee: Twenty-Second Session | WIPO Monitor says:

      […] Traditional Cultural Expressions Talks Back On Track at WIPO […]


    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.

     

     
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