Knowledge Ecology International

After lengthy informal negotiations on 7 October 2012, the plenary of the WIPO General Assembly (GA) 2012 resumed after 18:00 to present the consensus language on the decision point concerning agenda item 28 (ii) on the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT). In particular, the GA agreed to expedite the work of the basic proposals for a Design Law Treaty. In 2013, the GA would “take stock of and consider the text, progress made, and decide on convening a diplomatic conference”. Continue Reading →

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This morning, under agenda item 6, the WIPO General Assemblies decided to defer a decision until 2013 on the application for accreditation by Pirate Parties International. I was told that the US, Switzerland the France raised objections in the informal consultations, and that some other European countries wanted to raise objections, but found it awkward given the recent success of domestic Pirate Parties in national elections. The USA said it asked for a hold on the decision until WIPO could decide if it wanted to accept political parties as WIPO observers. Continue Reading →

Fernando Schmidt, Subsecretario de Relaciones Exteriores de Chile (Vice-Minister of External Relations, Chile), delivered the following general statement on 1 October 2012. Chile acknowledged that while a favorable environment in WIPO proved conducive to the successful passage of the Beijing Treaty on Audiovisual Performances, major challenges remained. Of great import was the convening of a diplomatic conference in 2013 to conclude a Treaty for the Blind which would be a milestone in the multilateral intellectual property system. Continue Reading →

The general statement of the Development Agenda Group (DAG) was delivered by H.E. Ambassador Roberto Azevêdo (Brazil) on 1 October 2012.

On the pressing issue of a treaty for copyright exceptions for the blind, the Development Agenda Group noted that,

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The following statement was delivered by Shri Saurabh Chandra, Secretary, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, New Delhi on Monday, 1 October 2012 at the WIPO General Assembly.

In her statement, India stressed that intellectual property norms must not create “monopoly situations which may hinder competition and access to technology”.

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This is an elaboration on the 3-step test in multilateral agreements. The 1996 WCT Copyright treaty has bad language on the 3-step test, but the WCT is not now part of the TRIPS agreement, and is only subject to dispute resolution via trade agreements outside of the WTO, like the TPPA.

If the WCT is referenced under the general provisions to the TPPA, you also get the 3-step test in the TPPA, subject, however, to the agreed upon statement regarding Article 10, which is helpful.

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The fiftieth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO) is meeting on Geneva from 1 October 2012 to 9 October 2012. Agenda item 26 is the “Report on the Work of the Standing Committee on Copyright and Related Rights (SCCR)” which according to the provisional agenda, is scheduled for discussion on Thursday, 4 October 2012. Continue Reading →