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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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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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    Leaked Documents Show Tough Road To Completion Of TPP

    Published on 10 December 2013 @ 12:57 am

    By , Intellectual Property Watch

    The far-reaching Trans-Pacific Partnership agreement may be even more ambitious than previously thought. A newly leaked alleged recent memorandum and chart giving a rare view of country positions from inside the closed negotiating room showed the 12 countries were far apart on many issues, especially intellectual property rights, heading into this week’s talks in Singapore. And they suggest the United States is facing pushback to its vigorous efforts to get those differences resolved quickly. [Update: Early reports from Singapore today say these documents notwithstanding, agreement may have been reached on the intellectual property chapter]

    “With TPP talks shrouded in intense secrecy, the leaks provide the clearest view into the range of sensitive ‘behind the borders’ issues that have spurred growing public opposition to the sweeping agreement in some participating countries,” Public Citizen said in a release. “The documents also reveal U.S. negotiators pushing an agenda in line with American corporate interests on a range of issues, including expansive intellectual property rights, limits on financial regulation and expansive new investor rights to demand compensation from government over policies they claim undermine expected profits.”

    The leaked memo [pdf] and chart [pdf], which appear to be notes from a government inside the talks, were published on 9 December on Wikileaks and the Huffington Post.

    Wikileaks posted a recent copy of the entire IP chapter in November (IPW, Bilateral/Regional Negotiations, 13 November 2013).

    The US Trade Representative’s office told the Huffington Post that the documents were not from the US and were outdated and contained errors. The Huffington Post said the leak shows the Obama administration has almost no support for its expansive positions and is facing a backlash.

    The memo says there were “serious doubts” about the IP chapter heading into Singapore, and that the recent US attempt to revive a provision on transparency and medicines was an “annoyance” for some countries that had previously rejected it. The chart shows the US alone in supporting a number of IP provisions.

    Wikileaks said: “One document describes deep divisions between the United States and other nations, and “great pressure” being exerted by the US negotiators to move other nations to their position. The other document lists, country-by-country, the many areas of disagreement remaining. It covers intellectual property and thirteen other chapters of the draft agreement. This suggests that the TPP negotiations can only be concluded if the Asia-Pacific countries back down on key national interest issues, otherwise the treaty will fail altogether.”

    The memo suggests that US pressure on governments would be intense this week to come to agreement.

    Meanwhile, at a conference on innovation, IP and the public interest in Cape Town, South Africa this week, access to knowledge and medicines advocates are discussing concerns about the TPP.

    And 29 organisations and more than 70 individuals have signed a letter opposing copyright terms of life plus seventy years in the TPP, Knowledge Ecology International announced on 9 December. A version of the letter was sent to all lead IP negotiators and all chief negotiators in the TPP on 6 December, in advance of the TPP ministerial in Singapore this week.

    The letter is published here.

    Separately, the Information Technology and Innovation Foundation issued a paper [pdf] it titled, Concluding a High Standard, Innovation-Maximizing TPP Agreement, in which argued in favour of the TPP.

    “A substandard TPP is far worse than no agreement at all, as it could harm American competitiveness and innovation for decades to come,” Michelle Wein, research analyst with ITIF and co-author of the report, said in a press release. “The TPP can be a model trade agreement that maximizes innovation and promotes economic growth for all member countries, but to do so it must protect intellectual property, eliminate non-tariff barriers to trade, and ensure the free flow of information across borders.”

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Statement From TPP Ministers Shows Agreement Near | Intellectual Property Watch says:

      […] Early reports say agreement has been tentatively reached on the intellectual property chapter. The ministers’ press release highlights the identification of “landing zones” for outstanding issues, which came from a United States proposal for a way to finalise negotiations on intellectual property, according to a recent internal memo leaked this week (IPW, Bilateral/Regional Negotiations, 10 December 2013). […]

    2. john e miller says:

      I modified the above mentioned leaked chart 90 degrees CCW to avoid neck-strain:

      http://www.scribd.com/doc/190365163/Tpp-90DEG-Alt-Lake-Positions


    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.

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    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.

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