Original news and analysis on international IP policy
By William New In its bilateral negotiation with the United States in order to join the World Trade Organization, Russia appears to have agreed to intellectual property rights standards that push those of the WTO and US law to new…
By Martin Vaughan for Intellectual Property Watch WASHINGTON, DC – The new Democratic Party majorities in the United States Senate and House of Representatives pose new obstacles for Bush administration trade initiatives. But they are not likely in the short-term…
By Monika Ermert for Intellectual Property Watch In the second week of December, the European Parliament will hear the first reading of the “modernised” Television Without Frontiers Directive (TVWF) that will stretch into the world of online content – hence…
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.
By Dugie Standeford for Intellectual Property Watch Australia is poised to become the first country to make copyright infringement a “no-fault” offence, a move aimed at broadening criminal penalties for infringement. The change is part of sweeping revisions intended to…
By Tove Iren S. Gerhardsen Submissions to the World Health Organization (WHO) online public consultation on the intergovernmental working group on public health, innovation and intellectual property show that the debate is quite polarised, and that the group is therefore…
By William New A panel of key Geneva actors on policy related to intellectual property rights and public health on 14 November gave a range of views on the World Trade Organization Doha Declaration five years after its agreement. Several…
The Intellectual Property Watch Monthly Reporter features the most important news on IP policymaking, the latest on who is coming and going in the IP community at the United Nations, World Trade Organization, Geneva missions, regional and national IP offices,…
By Rodrigo Cerda In the intellectual environment of universities, we have long discussed the tragic loss of life that occurs daily because sick people around the world cannot afford the drugs that could cure them. Indeed, we have reason to…
By John T. Aquino for Intellectual Property Watch The 2006 elections in the United States have presented the world of intellectual property with a new set of guardians. In the 7 November congressional elections, Democrats took control of the House…
By Tove Iren S. Gerhardsen A World Health Organization (WHO) director has taken the unusual step of writing a memorandum directly to the head of the WHO, seeking clarity on the organisation’s handling of a United States complaint involving WHO…
Packing their bags in Geneva: a key architect of the WIPO Development Agenda, a likeable South Korean IP negotiator, and the author of a controversial WHO report on TRIPS flexibilities and access to medicines. But staying in town is the new WHO director general. Read these and other comings and goings in the Intellectual Property Watch People column.