CETA Legal Review Completed, Now Off To Parliaments And Governments For Approval 01/03/2016 by Monika Ermert for Intellectual Property Watch 1 Comment The European Union and Canada have jointly announced the finalisation of the legal review for Canada-European Union Comprehensive Economic and Trade Agreement (CETA).
TTIP Negotiations: 12th Round Ends With Plan To Hurry Between Official Rounds 26/02/2016 by Monika Ermert for Intellectual Property Watch 4 Comments By July trade negotiators from the United States and the European Union want to present a draft text that only has brackets for the “most sensitive issues” in the Transatlantic Trade and Investment Partnership (TTIP). This was announced by Ignacio Bercero, chief negotiator for the European Union, and his US counterpart Dan Mullaney during a press conference today after this week’s 12th round of TTIP negotiations in Brussels.
TTIP: Alternative ISDS No Real Alternative, NGOs Warn 19/02/2016 by Monika Ermert for Intellectual Property Watch Leave a Comment Just days before the restart of negotiations for the Transatlantic Trade and Investment Partnership (TTIP) on 22 February in Brussels, a large coalition of non-governmental organisations led by the Corporate Europe Observatory (CEO) published a critical report on new proposals for the highly debated investor-state dispute settlement (ISDS) mechanisms. The activists called the Investment Court System (ICS) prepared by EU Commissioner Malmstroem as an alternative a mere “ISDS zombie.”
Trade Commissioner Malmstroem Promotes TTIP, Warns Against Intolerance 12/01/2016 by Intellectual Property Watch 8 Comments MUNICH — At a New Year’s reception of the Regional Chamber of Commerce in Karlsruhe, Germany today, European Trade Commissioner Cecilia Malmstroem promoted the Transatlantic Trade and Investment Partnership (TTIP) and warned against “extreme views, opposed to open societies and economies.”
TPP, India Most-Read IP-Watch Stories Of 2015 11/01/2016 by William New, Intellectual Property Watch 1 Comment The most-read stories of 2015 on the Intellectual Property Watch website fairly reflected the trends of the year, with the Trans-Pacific Partnership (TPP) agreement, India’s evolving intellectual property rights policies, European Patent Office patents on conventional vegetables, biologics, 3D printing, and some pop culture issues leading the way. In the coming weeks, IP-Watch will review in-depth what’s in store for 2016, already underway. But for now, let’s take a look at last year’s highlights.
EU Trade Commissioner Announces Reading Rooms For TTIP Text In EU Capitals 05/12/2015 by Intellectual Property Watch 1 Comment European Trade Commissioner Cecilia Malmstroem, speaking to the President of the German Bundestag, Norbert Lammert, announced reading rooms for the consolidated texts of the Transatlantic Trade and Investment Partnership (TTIP) in all capitals of the EU member states.
Impact Of The TPP On The Pharma Industry 02/12/2015 by Intellectual Property Watch Leave a Comment The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several flexibilities provided under the TRIPS Agreement and the Doha Declaration on Public Health. Though the text mentions “nothing in this [IPR] Chapter limits a Party’s rights and obligations under Article 31 of the TRIPS Agreement,” the TPP Investment Chapter overrides these flexibilities, says D G Shah.
Flexibility In The TPP Statutory Damages Provision 01/12/2015 by Intellectual Property Watch 2 Comments Jonathan Band writes: During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of US-style statutory damages. Under the US Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the US have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls. So how bad is the statutory damages provision in the final TPP agreement?
TPP Strengthens Controversial IP Arbitration 30/11/2015 by Steven Seidenberg for Intellectual Property Watch 3 Comments The US government has been less than candid about the Trans-Pacific Partnership. While the agreement was being negotiated, the US Trade Representative stated that a much-criticized arbitration process included in the TPP would not apply to intellectual property. Turns out, it does apply to IP. And it provides foreign corporations with a huge advantage in IP disputes – private arbitrations that can override courts and statutes, effectively rewriting a nation’s IP laws.
TPP Article 14.17 & Free Software: No Harm, No Foul 24/11/2015 by Intellectual Property Watch Leave a Comment [Software Freedom Law Center, Link (CC-BY-SA)] The first official public release of the text of the Trans-Pacific Partnership Trade Agreement (known universally as the TPP) on November 5, 2015 generated much heated speculation. The ideal of “open agreements, openly arrived at” remains regrettably unattainable in international affairs. “Fast track” trade negotiating authority in the US means that parties excluded from the negotiating process have a short time in which to mobilize for or against the treaty as a whole in light of their specific concerns. The premium on speed of response to a very lengthy and complex legal document—and the presence of intense public attention—guarantees that hasty judgment and occasional self-promotion will always outrun professional analysis; this is one of the inherent defects of secret legislation.