Draft EU-Caribbean Agreement Shows Escalated IP Provisions

By William New
A new "non-paper" by the European Communities on the economic partnership agreement under negotiation with 15 Caribbean countries shows an elevation of intellectual property standards above global trade rules.

The new draft text prepared for the next round of negotiations and obtained by Intellectual Property Watch, appears to show the European Commission nudging the 15 nations of the Caribbean Forum of ACP States (CARIFORUM) to adopt standards that exceed the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

The draft text of the intellectual property sections, available to IP-Watch Monthly Subscribers, contains suggestions for the adoption of provisions based on the European Union enforcement directive, which has been criticised by some as overly restrictive.

The text also refers to a range of treaties negotiated at the World Intellectual Property Organization (WIPO) that are not required by TRIPS, including the so-called 1996 WIPO "Internet treaties" on performers and producers, as well as copyrights on the Internet. The draft treaty also has additional provisions on copyrights, patents, trademarks and Internet domain name processes, and the extension of additional protection for geographical indications. These are product names derived from specific geographical regions.

Caribbean countries have long had special trade treatment with Europe. Negotiations to alter the relationship through an Economic Partnership Agreement were launched in 2004. The sides are working under a deadline of mid-2007 to replace the Coutonou agreement which was found to be inconsistent with WTO rules. The countries of the African, Caribbean and Pacific regions, which were collectively in an agreement with the European Union have been now separated by region.

CARIFORUM members include: Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago.

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