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IP-Watch Summer Interns

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

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    Latest EU Mandate For EU-US FTA Shows Priorities

    Published on 31 May 2013 @ 11:41 pm

    Intellectual Property Watch

    By Monika Ermert for Intellectual Property Watch

    Audiovisual content should be out of scope for the Transatlantic Trade and Investment Partnership (TTIP), but protection of European geographical indications is covered and intellectual property issues in general “explored,” European Union governments wrote in their draft negotiation mandate for the Commission, dated 21 May.

    A big step with regard to IP protection could be the inclusion of “state-of-the-art investor-to-state dispute settlement mechanism.” ISDS mechanisms recently were discussed in a report by the UN Conference for Trade and Development (UNCTAD) which noted a need to evaluate its efficacy. With IP explicitly becoming a topic of ISDS, patent rules or changes in the copyright systems could become a target of investors.

    The draft mandate, expected to be passed during a dedicated one-day session of the EU Foreign Affairs Council of Ministers on 14 June, was leaked by German activist blog “netzpolitik.org” (see here).

    Members of the European Parliament during their plenary debate on a TTIP resolution fought over the terms for transparency, with the Green Party failing with their resolution asking for more transparency and the Council debate over the mandate to be streamed. Transparency over the course of the TTIP negotiations is not significantly addressed in the document. The document contains a more general commitment to consult stakeholders before measures are introduced and publish general rules and measures with impact on international trade and investment.

    A new paragraph added to the mandate compared with earlier versions states with regard to access to information in general states: “Nothing in this Agreement should affect EU or Member State laws regarding public access to official documents.” One might wonder given the rather broad scope of the mandate document, why the European Commission and member states still uphold that for tactical reasons such a document has to be kept secret.

     

     


    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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