thiru's blog

Former WIPO employee (now with PhRMA) moonlights as BIO bouncer

Richard Kjeldgaard, a former Senior Counsellor in the Biotechnology and Genetic Resources Division of the World Intellectual Property Organization (WIPO) and now employed by the U.S. based Pharmaceutical Research and Manufacturers of America (PhRMA) performed his role as “bouncer” admirably today at a luncheon organized by the Biotechnology Industry Organization.

WIPO: Under Siege?

Walking around the marbled corridors of the World Intellectual Property Organization (WIPO) during its 43rd General Assembly, one cannot help but feel a palpable sense of an Organization under siege. Heightened security detail, ostensibly for the protection of the institution and the assembled delegates, was referred by one insider as justification for WIPO maintaining the current levels for patent filing fees.

WIPO General Assembly 2007 document: Brief note on allegations against the Organization and its Director General

The outgoing General Assembly Chair, Enrique Manalo (Ambassador, Philippines) commenced the 43th session of the WIPO General Assembly at 10:23 AM (Central European Time). Ambassador Manalo highlighted the success of Development Agenda negotiations as a hallmark of his tenure as Chair over the course of 2 years.

WHO guide on compulsory licensing and government use: Forthcoming?

On 23 October 2006, the WHO, as an intergovernmental organization with observer status at the WTO TRIPS Council, presented a seven page report on its technical cooperation activities with respect to “Trade, Intellectual Property Rights and Access to Medicines”.

The full document IP/C/W/478/Add.4 can be found on the WTO document database:
http://www.wto.org/english/docs_e/docs_e.htm

Chile spearheads change at WIPO patent committee

In the wake of the recently concluded broadcasting negotiations at WIPO in June 2007 (Standing Committee on Copyright and Related Rights) where a proposed instrument for the protection of broadcasting organizations was put on cold storage but not terminated, a Chilean proposal on the examination of limitations and exceptions in the copyright area has come to the fore.

Broadcast treaty negotations mired “by any means”

At 9:43 PM tonight we hear that the casting discussions are stalling over the United States’ support of the inclusion of the phrase “by any means” in Jukka’s non-paper on Article 7 (Protection of Broadcasts) noting that this would be the “value added” component of any Treaty for the Protection of Broadcasting Organizations.

United States intervention to WIPO plenary (Casting negotiations)

This statement was delivered by the United States of America to the plenary of the WIPO Standing Committee on Copyright and Related Rights on Tuesday, 19 June 2007.

Thank you Mr. Chairman. The United States would like to congratulate you and your Vice-Chairs on your re-election.

WIPO Broadcasting Treaty negotiations: Slow going

Informed sources have indicated that not much progress has been made in the morning informal sessions of the SCCR today which commenced at around 11:40 AM and ended at 1 PM for lunch. It is unlikely that the plenary will reconvene today. Delegations have only been able to discuss Article 1 of Jukka Liedes’ (20 April 2007) non-paper on the objective of the proposed treaty. This article states:

WIPO Broadcasting Treaty negotiations commence

The WIPO Standing Committee on Copyright (SCCR), the WIPO body overseeing the negotiations on the broadcasting treaty began at 12:04 PM. The reason for its late start was because the African Group had consultations in the morning.

Final PCDA Recommendations to 2007 General Assembly

PCDA Recommendations to 2007 General Assembly

(As adopted 9:38 pm June 15, 2007)


The PCDA decided to make the following recommendations to the 2007 General Assembly:

1. To adopt the recommendations for action in the agreed proposals contained in the Annex;

2. To immediately implement the recommendations contained in the list submitted by the Chair of the PCDA, in accordance with paragraph X of the Report of the Fourth Session of the PCDA;

3. A Committee on Development and IP be established immediately to:

PCDA Recommendations to WIPO General Assembly (not finalized yet)

It is 7:40PM and the plenary has still not resumed on the final day of WIPO negotiations on Development Agenda. The final PCDA recommendations to the General Assembly are still being negotiated in the green room. Of the text reproduced here, the first six paragraphs have been agreed upon according to informed sources. The 7th paragraph is still under discussion. One would hope paragraph 4 of these PCDA recommendations would not preclude the ad hoc accreditation of intergovernmental organizations and non governmental organizations.

WIPO Development Agenda: Language on open collaborative models in

We have heard that negotiations have finished on Cluster D and E were wrapped up last evening. Cluster C has one issue pending. As of 10 AM Geneva time, only the text of Cluster D was available. Particularly significant is the agreement on the text of having WIPO Member States exchange information on experiences on open collaborative projects such as the Human Genome Project. Also important was the agreement on language on impact assessment studies.

New Cluster B text (Draft Agreed Proposals) out on Norm-setting, Flexibilities, Public Policy and Public Domain

The following Cluster B text came out of the informal green room negotiations which broke out around 7 PM Geneva time last evening. The only word that seems to have brackets is the word “competition”.

1. In its activities, including norm-setting, WIPO should take into account the flexibilities in international IP agreements, especially those which are of interest to developing countries and LDCs.

WIPO Development Agenda: Erosion of access to knowledge?

The draft text on issues related to norm-setting, flexibilities, public policy and the public domain (Cluster B) is out.

Paragraph 3 reads:

3. To discuss possible new initatives and strengthen existing mechanisms within WIPO to facilitate [access to knowledge] and technology for developing countries and LDCs and to foster creativity and innovation within WIPO’s mandate.

The Development Agenda and 31 seats: Who sits at the table?

At Tuesday’s morning plenary session of the WIPO Development Agenda, Ambassador Trevor Clarke (Chair) of Barbados set the out the seating arrangements for the informal “green room” style negotiations in which consensus is expected to by hammered out, cluster by cluster.

The Chair noted that

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