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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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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.

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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.

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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    Experts Envision Bringing Trade, Internet Communities Closer Together

    Published on 8 October 2013 @ 12:28 pm

    By for Intellectual Property Watch

    Mutual understanding between the international trade community and internet stakeholders would be of great benefit to help adjust the multilateral trade regime to the rapidly changing landscape of the digital economy. This is the main outcome of an expert meeting held last week at the World Trade Organization Public Forum.

    The panel event, entitled “The internet economy and the future of international trade law,” was organised by the World Trade Institute and took place on 1 October.

    Participants on the panel agreed that new technologies are greatly reshaping trade patterns. Hanne Melin – policy strategy counsel for Europe, Middle East and Africa at eBay – claimed that “asking whether innovation and technologies are changing trade is a rhetorical question: the answer is yes.” In this sense, Melin argued that e-commerce platforms are dramatically reducing the negative effects of distance on trade flows between different trade operators.

    Melin argued that although the supply chain model is still valid, the internet provides new business solutions.

    “There is another model: the global empowerment network, which allows smaller companies to sell from anywhere to consumers everywhere,” she said.

    Despite the increasing importance of e-commerce in the international trade scenario, international trade law is not coping with the basic principles of the digital economy, some panellists said.

    Nick Ashton-Hart, Geneva representative for the Computer and Communications Industry Association (CCIA), argued that it is “essential to consider the internet” because “it changes everything it touches.” However, “we have no conception in international trade law of the internet as a platform that is depended upon by businesses and wider society for communication and other services,” he said.

    Against this background, the WTO has experienced difficulty in advancing multilateral discussions on electronic goods and services.

    “There are many questions unanswered, even on simple issues, such as classification of electronic goods and whether WTO rules apply to the electronic delivery of goods and services,” said Mira Burri, senior research fellow at the World Trade Institute.

    Burri explained that WTO members resort to preferential trade agreements (PTAs) to address some of these issues, but she cast doubt on the effectiveness of such instruments to provide adequate solutions to digital global challenges.

    “Many of the PTAs reflect power bargains and are US-centric and, as such, developing countries’ policy space may be being unwittingly reduced, for example in the context of intellectual property rights,” Burri said.

    At the same time, international bodies dealing with e-governance proved particularly reluctant to include the WTO in the discussions over internet regulations. Bill Drake, lecturer at the University of Zurich, claimed that “it seemed for a long time that there was no demand in the internet governance area that this be moved into the WTO.”

    Several speakers proposed to open discussions between the internet and the trade communities to gain a deeper understanding of the possible areas of collaborations and to ensure an open digital environment.

    “In the 1980s, people in the telecom world were surprised to hear that international services could be traded,” Drake said. “Trade and telecoms were two different communities that took a long time to start talking to each other. In the context of the WTO and internet governance, this disjuncture is evident again.”

    “There is a tendency to avoid this interconnection. But interconnections exist, and the WTO can contribute to an open and free internet,” he concluded.

    In the same vein, Ashton-Hart called on the WTO membership to “create a forum where people can discuss the online world.”

    “How does [the online world] interact with trade law? How do we deal with an entire world not dealt with by any trade agreements? How do you fit the digital economy into the world trading system? Members should start not by thinking about negotiations but by focussing on understanding these changes,” he said.

    Hamid Mamdouh, director of the WTO Trade in Services Division, echoed Ashton-Hart’s argument, saying that “we need to start understanding each other, we need to start listening.”

    “Understand first. Then governments can decide if they want to negotiate,” Mamdouh said.

    ISOC Paper on IP and the Internet

    Separately, in the context of current debates on e-governance, earlier this year the Internet Society (ISOC) – an organisation advocating for an open and transparent internet – released a paper suggesting a number of minimum standards for future policy considerations on intellectual property and the internet.

    The document, entitled “Internet Society Issues Paper on Intellectual Property on the Internet,” emphasises the importance of ensuring a multistakeholder model in the discussions over IP in the digital environment and calls for greater transparency in rule-making activities. ISOC also stressed the importance of making IP legislative initiatives subject to the principles of the rule of law – such as due process, equality of rights and fairness.

    The paper recognises that “the infringement of intellectual property rights is a critical issue that needs to be addressed,” however, it warns that the solutions adopted should “not undermine the global architecture of the Internet or curtail internationally recognized rights.” Finally, the document emphasises the need for a balanced IP framework that should favour innovation. In this sense, IP rights “may be able to exclude others, but they should not be used to forestall the introduction of innovative ideas or new business models.”

     

    Alessandro Marongiu may be reached at info@ip-watch.ch.

     

    Comments

    1. International Trade Law, Getting “up to speed” with the Digital Economy – WTO Public Forum | Ashley Juchawski Attorney says:

      […] IP Watch Author: Alessandro […]

    2. Internet, innovation at the centre of major WTO event - CCIA says:

      […] Nick Ashton-Hart agreed that the Internet empowers SMEs at a global level. To account for this important development, international trade law needs to understand the internet as a platform that goes beyond telecom services. “If we want to bridge the digital divide”, he said, “we must ensure that the network serves the largest number of people at the cheapest possible price.” However, before the WTO members should start negotiations, they should develop a common understanding of digital trade issues, a point that was reiterated by the head of the WTO Services Division, Hamid Mamdouh. You can find an IP Watch article on this session here. […]


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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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