WIPO GA 2012 calls upon the SCT to expedite work on a Design Law Treaty

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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WIPO GA, notes from October 3, 2012

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

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General Statement of Chile to the WIPO General Assembly 2012 (calling for WIPO to conclude a Treaty for VIPs)

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

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General Statement of India to the WIPO General Assembly 2012 (raises concerns on public health and green technology)

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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More on the 3-step test in global copyright negotiations

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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Implementation of the WHO Pandemic Influenza Preparedness Framework

Today Krista and I attended a “stakeholder consultation stakeholder consultation regarding the implementation of the World Health Organization’s Pandemic Influenza Preparedness Framework.” The meeting was chaired by Jonathan Margolis, the Acting Deputy Assistant Secretary for Science, Space and Health in the Department of State’s Bureau of Oceans and International Environmental and Scientific Affairs.

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