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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.

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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.

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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.

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    WTO TRIPS Council To Consider New Brazil-United States Item On Innovation

    Published on 5 November 2012 @ 3:17 pm

    By , Intellectual Property Watch

    The World Trade Organization member committee on the WTO intellectual property agreement meets tomorrow, with a new agenda item on intellectual property and innovation at the request of the United States and Brazil.

    The Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will meet on 6 November, extending to 7 November if necessary.

    According to a Brazilian delegate, the new agenda item on innovation is meant to bring a broad debate on innovation and intellectual property at the TRIPS Council, which otherwise has fallen into a routine exercise, where delegates simply state their positions. A number of issues pertaining to intellectual property are taking place outside of the multilateral system, he said, and this agenda item is meant to allow a broad discussion at the WTO where each country can bring its perspective and angle.

    Among the other agenda items is the annual review of a public health amendment to the TRIPS agreement, the so-called paragraph 6 solution, which was intended to encourage shipments of inexpensive pharmaceuticals to developing countries lacking their own manufacturing capabilities but has been little used.

    Also on the agenda is the provision of TRIPS Article 27.3(b) on patentability of plant and animal inventions, which has been under review for years. At issue is the relationship between TRIPS and the UN Convention on Biological Diversity, and the disclosure of origin in patent applications. Positions have been entrenched for years (IPW, WTO/TRIPS, 2 March 2011). Member countries will also have to discuss the protection of traditional knowledge and folklore, also linked to Article 27.3(b).

    Also on the agenda is an item on non-violation and situation complaints, which are disputes arising between members even if a WTO agreement or commitment has not been violated but a member can show that it has been deprived of an expected benefit because of another country’s action. The TRIPS Council has been discussing whether non-violation complaints should be allowed in intellectual property, with some members in favor of banning non-violation complaints in TRIPS, while others insisted they should be kept in TRIPS.

    A temporary moratorium has been agreed upon and extended at each WTO Ministerial Conference. The 2011 Geneva Ministerial Conference extended the moratorium until the next WTO Ministerial Conference in 2013, according to the WTO.

    This week’s meeting also marks the tenth annual review under paragraph 2 of the decision on the implementation of TRIPS [pdf] Article 66.2 which requests that developed country members provide incentives to their enterprises and institutions to promote and encourage technology transfer to least-developed countries.

    An Intellectual Property Watch report from the June TRIPS Council meeting is here.

    William New contributed to this report.

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

     


    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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