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Summary Report of WIPO's expert group deliberations on a sui generis legal regime to protect folklore

WIPO's First Intersessional Working Group (IWG 1) concluded its five days of deliberations on Friday, 23 July 2010 substantially closer to its goal of establishing a sui generis legal regime for the protection of traditional cultural expressions/expressions of folklore. On Friday, the WIPO secretariat distributed a summary report of the first IWG (attached below).

WIPO drafting groups release text for a possible legal instrument for the protection of traditional cultural expressions

As mentioned in two previous KEI blogs, the WIPO's First Intersessional Working Group received its mandate from the 16th WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to 'provide legal and technical advice and analysis, including, where appropriate, options and scenarios for consideration of the IGC' including the outcomes, recommendations and texts relating to the discussion specifically on a working document containing draft provisions for a possible instrument for the protection of traditional cultural expressions/e

KEI interventions on possible WIPO legal instrument for the protection of traditional cultural expressions

As mentioned in a previous piece entitled WIPO expert committee deliberates on road map to protect traditional cultural expressions, WIPO has convened an intersessional working group (IWG) comprised of experts from countries and observer organizations to examine draft provisions of a document prepared by the WIPO secretariat on 'The Protection of Traditional Cultural Expressions/Expressions of Folklore: Revised Objectives and Principles'. The IWG runs from July 19-23, 2010.

Luc Devigne's role in ACTA negotiations

On Saturday, July 17, 2010, I said on twitter, "Apparently Luc Devigne is out as head #acta negotiator for EU." There were a number of sources for this inside the European Union and also among other trade bodies or governments following or participating in the ACTA negotiations.

This was re-tweeted extensively, and resulted in various commentary and reporting on LucDevigne's rule in ACTA, including speculation on the reasons for the change.

ACTA's Article 2.3, on "Other Remedies": the July 1, 2010 text

Article 2.3 of the July 1, 2010 version of the ACTA text provides for "Other Remedies" for infringement. The Japan, Switzerland and EU versions of the text appear to be overreaching, including for example by directly conflicting with explicit TRIPS provisions and provisions in the laws of ACTA negotiating countries, including several European Countries.

WIPO expert committee deliberates on road map to protect traditional cultural expressions

From 19-23 July 2010, WIPO has convened an Intersessional Working Group to examine a WIPO document on 'Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore' (WIPO/GRTKF/IC/17/4).

ACTA's Article 2.2.1, on damages:the July 1, 2010 text

The July 1, 2010 ACTA text includes several provisions that would set global norms for damages, including most importantly, on pages 6 and 7, Article 2.2 on Damages. Also relevant are the provisions in Article 2.X on General Obligations with Respect to Enforcement, on page 5.

ACTA briefing by De Gucht in the European Parliament

This week, the European Commission conducted two briefings for members of the European Parliament.

On Monday, July 12, members of the European Parliament's INTA Committee (Committee on International Trade) were briefed by EU ACTA negotiators Luc Devigne and Pedro Valesco in a private, closed meeting.

Today, July 13, Karel De Gucht, EU Commissioner for Trade held a public briefing in the LIBE Committee (Committee on Civil Liberties, Justice and Home Affairs). The video is now available here

WIPO 1988 documents of the Committee of Experts on Measures Against Counterfeiting and Piracy

WIPO documents related to the April 25-28, 1988 session of the Committee of Experts on Measures Against Counterfeiting and Piracy are available here.

The consolidated file includes an agenda, a February 18 document on "Model Provisions for National Laws" (document C&P/CE/2), a February 18 memorandum on "Provisions in the Paris, Berne and Neighboring Rights Conventions" (document C&P/CE/3), and a report of the meeting that was adopted on April 28, 1988.

The July 23, 1990 Draft WTO text on TRADE IN COUNTERFEIT AND PIRATED GOODS

The July 23, 1990 draft of the TRIPS Agreement contained the following proposal to deal with trade in counterfeit and pirated goods.

PART IX: TRADE IN COUNTERFEIT AND PIRATED GOODS

1. Preamble
MTN.GNG/NG11/W/76
Page 33

1B.1 Desirous of providing for adequate procedures and remedies to discourage international trade in counterfeit and
pirated goods while ensuring an unimpeded flow of trade in legitimate goods;

China describes TRIPS Council proposal on ACTA and other plurilateral enforcement agreements.

At a June 28, 2010 Geneva workshop on the Anti-Counterfeiting Trade Agreement. Dr. Zhao Hong, from the Permanent Mission of the People's Republic of China to the World Trade Organization, distributed a proposal that was prepared for the June 8-9, 2010 meeting of the WTO TRIPS Council:

Decisions to be taken

Decision of the TRIPS Council on the Relationship between the TRIPS Agreement and Intellectual Property Provisions of bilateral, plurilteral Trade Agreeements

Members,

Canada's intervention to SCCR 20: 'International instrument on access to protected materials by persons with print disabilities'

The following intervention was delivered by John Gero, Canada's Ambassador and Permanent Representative to the World Trade Organization (WTO) during SCCR 20. Ambassador Gero is currently serving as the Chair of the WTO General Council.

Intervention — International instrument on access to protected materials by persons with print disabilities

Thank you Mr. Chairman

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