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Intellectual property in free trade agreements
FTAs often include intellectual property protection that is stronger than the World Trade Organisation requires (known as ‘TRIPS-plus’ protection). This book highlights the likely effects on developing countries of agreeing to these TRIPS-plus provisions, particularly those in US FTAs.
Opinion of the Office of the Ombudsperson of Costa Rica on the Budapest Treaty
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of patent procedure is not in line with the norms and ethical principles of Costa Rica. Civil society, the scientific community and the different congregations should have had a more broad discussion on this Treaty including its ethical, environmental, social, economic and legal implications. Unfortunately, this did not happen and the decision to vote the US-DR-CAFTA, with its obligation for Costa Rica to accede to the Budapest Treaty, at referendum was not taken with a generalized prior informed consent.
Counterfeit democracy
The US Trade Representative’s officials say there is no reason to be worried: ACTA (a secret Anti-Counterfeiting Trade Agreement) won’t require more than existing US free trade agreements, they say. Meanwhile, business groups are explicit that they believe ACTA should do far more than existing US free trade agreements. Are they having their way?
Intellectual property in the EPA: broad scope, huge impact - Part III
Article 149 requires the EC Party and the Signatory CARIFORUM states to provide for the protection of plant varieties in accordance with the TRIPS Agreement and to consider, in this connection, accession to UPOV, 1991.
Intellectual property in the EPA: Broad scope huge impact - Part II
Jamaica enacted legislation for the protection of GIs through the Protection of Geographical Indications Act of 2004. However, protection under the law strictly complies with the standards laid out in the TRIPS Agreement and does not contemplate the "TRIPS plus" and "TRIPS extra" elements incorporated in the EPA.
Intellectual property in the EPA: broad scope, huge impact - Part 1
The historic Economic Partnership Agreement (EPA) skilfully brokered last December between the Caribbean Forum of African, Caribbean and Pacific States (CARIFORUM) and the European Community (EC) is impressively wide in its scope, but the impact of its implementation in countries such as Jamaica is still largely unexplored.
Intellectual property in the US-Peru Trade Promotion Agreement
Written by Luis Alonso Garcia, former head negotiator for Peru for the Intellectual Property Chapter of the FTA with the United States, this paper examines the US-Peru Trade Promotion Agreement as an example of the challenges and opportunities, especially for civil society participation, presented by such negotiations.
Intellectual property in EU EPAs with the ACP countries: What way forward after the Cariforum EPA and the interim EPAs?
This paper explores the implications of ACP Countries continuing negotiations for further IPR protection in EPAs by: conducting an analysis to determine the exact nature of commitments that the ACP regions have made regarding the basis and scope of future negotiations on IPRs; examining some of the more significant provisions on IPRs in the EU-Cariforum EPA; and concluding with recommendations for future actions that ACP countries can take in their approach to IPRs in future EPA negotiations.
USTR releases annual "Special 301 Report" of IP trade barriers
PIJIP has compared the US Trade Representative’s 2008 Special 301 Report to input it received from the copyright-owner and pharmaceutical industries. The Special 301 Report identifies IP policies and practices in foreign countries which the US government considers harmful to American IP owners. The PIJIP comparison shows that the US government is fairly responsive to industry, although some industry recommendations carry more weight than others.
Resistance to UPOV and the privatisation of life in Costa Rica
Interview with Silvia Rodríguez Cervantes of Costa Rica’s Biodiversity Coordination Network about the national struggle against joining UPOV (Union for the Protection of New Plant Varieties) as required by CAFTA.
TRIPS, bilateralism and patents: how they are failing both the developed and the developing world and what to do about it
Luigi Palombi discusses TRIPS, post-TRIPS bilateralism and patents in the context of biological resources and traditional knowledge and seeks to provide a solution to the present intellectual property deadlock between the developed and developing worlds.
Panellists see high impact of bilateral trade deals on Geneva policymaking
A panel of government and non-governmental experts on intellectual property and biodiversity issues last week stressed the high impact that leading economies’ bilateral free trade negotiations are having on multilateral policymaking in Geneva.