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 >

    US Congressional Push For Release Of TPP Text; US Pressuring Nations Bilaterally?

    Published on 6 September 2012 @ 4:05 am

    By for Intellectual Property Watch

    With talks on the controversial Trans-Pacific Partnership (TPP) agreement about to resume, members of Congress are putting pressure on the Obama administration to disclose what it’s seeking on intellectual property rights. And civil society groups say that even more worrying than the closed-door nature of the TPP negotiations is the United States’ increasing use of bilateral meetings to sway other countries.

    The next round of TPP talks will be held from 6-15 September in Leesburg, Virginia (US).

    In a letter to US Trade Representative Ron Kirk posted 5 September on the website of the Electronic Frontier Foundation (EFF), US Representative Darrell Issa (California Republican – corrected) and Senator Ron Wyden (Oregon Democrat) said they “insist – in the strongest terms possible” – that the administration tell Americans specifically what the USTR is seeking in the TPP with regard to IP rights.

    International trade negotiations are complex and challenging, partly because the scope of free trade agreements has expanded over time, the lawmakers wrote. Free trade agreements (FTAs) now affect nearly every component of the US economy, not just in how businesses engage in international commerce, but also in ways that shape domestic policies, they said. Discipline related to IPR could affect how people gain internet access and constrain what they say online or how they collaborate and share content, they said. FTA IPR chapters influence how consumers gains access to new and innovative pharmaceutical drugs, they said. The IPR provisions of the TPP must not inappropriately contrain online activity, they said.

    Americans know very little about what the USTR wants from the TPP but they “deserve to know what the administration is purportedly seeking” on their behalf, the letter said. “We insist that, as expeditiously as possible,” the USTR provide to the public detailed information about what obligations (and exceptions) the USTR is seeking in the IPR chapter, they said. They pressed the USTR to be “particularly explicit” about what it wants with regard to pharmaceuticals and enforcement if IP rights online. The administration must also tell Americans whether USTR is pursuing disciplines elsewhere in TPP that will promote an open and free internet, they said.

    Global access to medicines and copyright exceptions and limitations are two key issues for civil society groups, they said in a 5 September press teleconference. No one really knows what’s happening behind the closed negotiating doors, so representatives from EFF, Knowledge Ecology International (KEI), Public Citizen and Public Knowledge commented on provisions in the IP chapter that were leaked earlier.

    Access to Medicine a Key Issue

    The TPP will eventually set a new, high global standard for 40 percent of the world’s population, via the IP provisions that were leaked, said EFF International IP Coordinator Maira Sutton. In the area of access to medicines, Public Citizen Global Access to Medicines Director Peter Maybarduk said the proposed agreement includes some of the most aggressive language he has seen to broaden the monopoly power pharmaceutical companies to control prices for things such as HIV/AIDS drugs.

    In 2007, the Bush Administration and the Democratic-led Congress agreed on several safeguards for IP on pharmaceutical drugs, KEI Director James Love said. Among these were that developing countries would not have to abide by exclusive rights on test data in all cases, and that there would be no extension of patents beyond the 20 years permitted by the World Trade Organization, he said. But the USTR has taken these off the table, he said.

    Another issue concerns biologic drugs, Love said, where there is controversy over whether the US will endorse a seven- or 12-year period of exclusivity. Current US law provides for mandatory compulsory licensing of drugs in certain circumstances, a provision which apparently is not in the TPP text, he said.

    ISP Liability under Attack

    The TPP opens the door to concerns about the liability of ISPs and other intermediaries, said EFF International IP Director Carolina Rossini. It pushes the US Digital Millennium Copyright Act on other countries which do not have such a measure, and goes beyond the DMCA and the Anti-Counterfeiting Trade Agreement by asking governments to create legal liability for intermediaries, she said. It paves the way for so-called “three-strikes” policies that could require ISPs to filter, block and deny internet access to alleged copyright infringers, she said. It shifts private IP enforcement to other parts of the world, which is dangerous, she added.

    The TPP also raises difficult issues around technical protection measures (TPMs) because it criminalises circumvention of such systems and separates that from copyright infringement, Rossini said. That could prevent users from obtaining open-access materials, and restrict consumer rights if users are unable to break a TPM even though that would be legal under various exceptions and limitations to copyright liability, she said.

    “Impressive Resistance” to US Proposals

    Meanwhile, the groups have seen “impressive resistance” to some US proposals from several other delegations, Maybarduk said. Some chief negotiators, particularly those from developing economies, are distancing themselves from the US but are being faced with “bullying” by the USTR, he said. Asked whether the US has signalled any move toward softening its stance on issues such as access to medicines, Maybarduk said that some proposals are considered “non-starters” by the eight other negotiating members, and that the USTR should go back to the drawing board. The US’s “absurd position” on IP is holding up negotiations, he said.

    Asked what they hope to accomplish in Leesburg, Rashmi Rangnath, staff attorney at Public Knowledge, said that the lack of transparency surround the talks means the groups’ ability to assess the results is limited. Patents are not on the agenda, so Maybarduk said he expects little formal progress there. But there is a danger of bilateral deals on the side, he said.

    The US strategy is to pressure other nations bilaterally, Rossini said. Instead of using the plurilateral TPP to debate the issues, the US is visiting other countries to try to move the conversation one-on-one, she said. That makes civil society’s job even more difficult, she said.

    The civil society groups also raised concern about the three-step test for copyright exceptions and limitations, something they issued a signed statement about recently (IPW, Bilateral/Regional Negotiations, 30 August 2012).

    Dugie Standeford may be reached at info@ip-watch.ch.

     

    Comments

    1. CCIA | CCIA In Leesburg To Monitor TPP Negotiations says:

      [...] Va. – As a round of negotiations on the Trans-Pacific Partnership begins, public interest groups are joining members of Congress in their call for more transparency of the key nine-country [...]

    2. Global Week in Review 12 September 2012 from IP Think Tank | Duncan Bucknell says:

      […] Congress members demand USTR tell the American people what’s going on with the TPP and its impact on digital freedom (EFF) (IP Watch) […]


    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 54.204.77.26