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  • Inside Views

    Contribute your views! Submit an Inside Views idea on any relevant topic to info [at] ip-watch [dot] ch, or leave a comment within any piece such as below.

    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.

    Copyright Law Reform in Brazil: Anteprojeto or Anti-project?

    A balancing of the rights of authors and consumers, the re-introduction of a private copying exception, a remixing permission and a new regulatory agency for copyright issues are among the core points the Brazilian Ministry of Culture has planned for the new copyright law. But at the Third Conference on Copyright and the Public Interest in São Paulo a month ago, the Ministry emphasised that the bits and pieces shown to the audience were not from an actual law draft (”anteprojeto”) but only a preliminary proposal for formulating such a draft. The bill still has not been published to date. The delay in releasing the bill for public consultation now threatens the work of more than two years on the reform.


    Take Two: China’s Proposed Regulations For Patent-Involving National Standards

    The Standards Administration of China patent policy proposal fails to strike the desired balance and undervalues the intellectual property included in a standard. If implemented as worded, it will discourage the contribution of innovative technologies for use in national standards and the participation of patent holders, writes George Willingmyre.


    1 December 2009

    Outdated Multilateral Trade System Challenged By Climate Change, Regionalisation, Speakers Say

    By Catherine Saez @ 10:18 pm

    Climate change measures might impact competitiveness and the multilateral trade system in its current form might not be equipped to address the issue, according to speakers at a parallel event to the World Trade Organization (WTO) ministerial meeting today. At the same time, regional trade agreements might constitute free electrons in the multilateral trade system, obeying to their own rules, said speakers at other sessions of the event.

    The International Centre for Trade and Sustainable Development is holding the Geneva Trade and Development Symposium, convening stakeholders to discuss a variety of issues such as climate change, competitiveness, agriculture, strengthening the multilateral system, the Doha Development Round, and patents and clean energy.

    Carbon leakage is a major issue, debated in Australia, the United States and elsewhere, and unilateral border measures are not enough to resolve the issue, according to Tim Groser, New Zealand minister. Carbon leakage is brought on by differential climate change regulations in countries, which could lead to an increase in carbon dioxide emissions in one country as a result of an emissions reduction in another country, according to Wikipedia. However, he said, a choice between trade and climate change is a wrong starting point, as “we need both.”

    If a second commitment can be agreed at the Copenhagen conference on climate change next week, the consistency of the WTO rules with this commitment will be brought into question, he said. A possible partial solution would be to launch a temporary moratorium, but in any case, the WTO should be preserved.

    There is an erosion of multilateralism, said Flavio Damico, permanent representative of Brazil to the WTO. If the Copenhagen conference has a positive outcome, WTO should be examined to determine if it is ready to receive this package, he said. Discussions about national rules on emissions are related to subsidies, and that might affect competitiveness between industries. At the moment, he said, there is huge stress on the multilateral system and an unfavourable political environment to take on all of those challenges. “Forward-looking thinking is more necessary than ever,” he said.

    From an industry point of view, competitiveness is the key issue for many developed countries said Jake Colvin, vice president for global trade issues of the Washington, DC-based National Foreign Trade Council. Carbon tariffs are very problematic for the industry, he said.

    US industry is worried about the potential harmful effects of border measures and is sceptical as to whether the use of such measures would not bring a retaliation risk.

    The alternative to border measures would be free allowances which would avoid creating concerns with trading partners, Colvin said. If there is high pressure on carbon, there will be transition costs and trade effects as consumers will ask for products with no carbon because they will be cheaper, he said, urging US politicians to take a broader view on competitiveness.

    High transition costs are attached to climate change measures, said Indonesian minister Mari Pangestu, who asked how developing countries were to respond on recent measures on climate change and what trade and policy actions should be taken by those countries to address the issue. It has been determined that the costs to reduce carbon emission could lead to job losses and developing countries would need more investments to compensate the costs, she said.

    In order to reach the climate change objectives, developing countries would need a timeline and to be able to determine what capacity building they need. On the practical side, developing countries also would need a solid method to determine the carbon content of their products. Lowering tariffs on clean energy products is not going to be enough, she said. Developing countries need capacity building on financial and technical issues.

    For Russell Mills, global director of energy and climate change policy of Dow Chemical, future challenges call for changing the usual business model. Although climate change implies costs, it also implies many benefits, he said. For example, resource efficiency is cost-saving, he said, and companies that ignore this will risk bankruptcy. However, the low carbon race is a “race that no one wants to win,” he said. The main issue to justify this reluctance is cost and the substantial upfront investment necessitated by adjustments, although in the longer term, those adjustments would yield benefits.

    Transitional measures must be taken and free allowance programmes should be set up as they appear better suited than border tax adjustments which do not have the favour of companies, Mills said.

    The opening of markets for environment-friendly products has to be pursued, according to Anders Ahnlid, director general for trade in Sweden’s Ministry of Foreign Affairs, and tariff-free solutions on those products are not enough, he added.

    The first best solution would be to have a global price on carbon, according to Anhlid, and the overall objective would be to ensure that climate measures and trade policies continue to be mutually supportive.

    Agricultural Trade Liberalisation, Regional Trade Agreements

    If the Doha negotiations stall, an exit strategy will be needed, according to Tim Josling from Stanford University. One possible solution would be a second version of the Uruguay Round agreement on agriculture, he said, including in particular export competition issues and domestic support.

    That would allow shedding the ambitious tariff cuts package of the Doha Round, simplifying the agenda by focusing on issues that are generally agreed, and introducing export restriction restraints.

    For Carlos Perez Del Castillo, international consultant, regional trade agreements are complementary to the global trade system and their proliferation is not only due to the slowness of the multilateral system. The mulitlateral and regional tracks will co-exist in the future, he said.

    From a market access point of view, regional trade agreements can go further than the multilateral trading system and be a good way to improving trade liberalisation in agriculture, he said.

    The future trend might be a proliferation of preferential agreements between large countries. The European Union has agreements with China, with Japan, for example and the “US are not going to sit idle,” he said. If that trend is confirmed, the multilateralism could be subject to further erosion.

    For Carlo Trojan, the International Food and Agriculture Trade Policy Council chairman, the world has changed and agriculture is encountering a triple challenge with the financial crisis, climate change and major food security concerns.

    Keeping markets open is of great importance, far greater importance than eight years ago, he said, and even though the Doha Round is a negotiation on an outdated baseline, it needs to be concluded to address the challenges of tomorrow. As protectionist pressures are on the rise, the most effective policy response would be the speedy conclusion of the Doha Round because it would be a political signal of rejection of protectionism and global collaboration.

    In a changing trade environment, a large number of regional trade agreements have been adopted in Latin America, according to Antoni Estevadeordal, manager of integration and trade at the Inter American Development Bank, and countries are working towards the harmonisation of some rules.

    Trade liberalisation has been achieved by lateral deals, he said. Preferential liberalisation has led to unilateral liberalisation, he added. However, the proliferation of those agreements brings complexity - notably because of the rules of origin used to determine the national source of a product, he said - and can bring higher costs for companies.

    Kunio Mikuriya, secretary general of the World Customs Organisation (WCO), said the WCO plays a central role in the management and application of the rules of origin and they are a key area of the WCO activity, to insure compliance.

    The fact that more than one tariff rate could be associated with different rules of origin applicable to the same goods makes it very confusing for customs officers on the ground, he said.

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


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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.