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	<title>ICTSD &#187; TRIPS</title>
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	<link>http://ictsd.org</link>
	<description>International Centre for Trade and Sustainable Development</description>
	<pubDate>Thu, 02 Sep 2010 15:26:59 +0000</pubDate>
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	<language>en</language>
			<item>
		<title>Global IP Negotiations: Between Theory and&#160;Practice</title>
		<link>http://ictsd.org/i/events/dialogues/79480/</link>
		<comments>http://ictsd.org/i/events/dialogues/79480/#comments</comments>
		<pubDate>Mon, 05 Jul 2010 17:25:03 +0000</pubDate>
		<dc:creator>mwilke</dc:creator>
		
		<category><![CDATA[Dialogue]]></category>

		<category><![CDATA[Events]]></category>

		<category><![CDATA[ICTSD Dialogues]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[TRIPS]]></category>

		<category><![CDATA[WIPO]]></category>

		<category><![CDATA[WTO]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=79480</guid>
		<description><![CDATA[Background:
Recent years have witnessed a proliferation of fora dealing with IP issues. From food security to climate change and access to medicines, IP has become a cross cutting issue with important public policy implications. As a result global IP negotiations have significantly gained in complexity. Countries, particularly developing ones, are faced with numerous challenges such [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Background:</strong></p>
<p><strong>Recent years have witnessed a proliferation of fora dealing with IP issues. From food security to climate change and access to medicines, IP has become a cross cutting issue with important public policy implications. As a result global IP negotiations have significantly gained in complexity. Countries, particularly developing ones, are faced with numerous challenges such as coalition building, articulating coherent national positions to address complex issues and coordinating these positions across different fora. How do countries achieve this? What are the practical difficulties facing country negotiators in global IP negotiations?<br />
On the other hand, academics and experts play and can play an important role in providing empirical research and inputs to better inform global IP negotiations. From the debate on patents and public health to the WIPO Development Agenda, contributions by leading IP academics have played an important role in advancing international discussions on these issues. In this context, how can IP teachers, particularly from developing countries,  contribute towards addressing the most salient issues and challenges facing global IP negotiations and the achievement of more balanced and development friendly global IP system?<br />
These are some of the questions that are to be raised in this dialogue which brings together a group of IP teachers, mainly  from developing countries, with a group of Geneva based IP negotiators.   </strong></p>
<p><strong></strong></p>
<p><strong></strong><br />
<strong>Programme</strong><br />
<strong>_______</strong></p>
<p><strong>12h15    Welcome Remarks and Introduction, Pedro Roffe - Senior Fellow, ICTSD</strong><br />
 <br />
<strong>12h20    Dynamics of IP negotiations in Geneva</strong>                <br />
<em>Mohamed Gad- Permanent Mission of Egypt</em> </p>
<p><strong>12h35    Coordination and Coherence in Global IP Negotiations </strong></p>
<p>a) The experience of the European Union</p>
<p>           <em>Sergio Balibrea – EU Delegation</em>     <br />
        <br />
<strong>b) The experience of Brazil</strong></p>
<p>            <em>Jose Estanislau do Amaral – Permanent Mission of Brazil</em><br />
 <br />
<strong>13h00   Challenges facing Small Size Delegations in Global IP negotiations</strong>    <br />
          <br />
<em>Makiese kinkela Augusto – Permanent Mission of Angola</em></p>
<p><em>Edouard Bizumuremyi – Permanent Mission of Rwanda</em></p>
<p><strong>13h15    </strong><strong>Open Discussion and Exchange of Views</strong><br />
<strong></strong><br />
<strong>13h40    Concluding Remarks - Ahmed Abdel Latif, IP Programme Manager- ICTSD</strong><br />
<strong>                                                         ________</strong></p>
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		</item>
		<item>
		<title>ICTSD-QUNO Dialogue: IPRs in Bilateral and Regional Trade Agreements and Public&#160;Health</title>
		<link>http://ictsd.org/i/events/dialogues/58800/</link>
		<comments>http://ictsd.org/i/events/dialogues/58800/#comments</comments>
		<pubDate>Mon, 09 Nov 2009 09:09:21 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Dialogue]]></category>

		<category><![CDATA[Digital Library]]></category>

		<category><![CDATA[Events]]></category>

		<category><![CDATA[Health]]></category>

		<category><![CDATA[ICTSD Dialogues]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[Regional and Bilateral Trade Agreements]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=58800</guid>
		<description><![CDATA[Wednesday 4th November, 19:30 
 
Hotel Royal   
Geneva  
 
__
 
The International Centre for Trade &#38; Sustainable Development (ICTSD) and the Quaker UN Office (QUNO) are holding a Dialogue on “IPRs in Bilateral and Regional Trade Agreements and Public Health” on 4th November (19h30-21-30) at Hotel Royal in Geneva for a number of developing country government officials dealing [...]]]></description>
			<content:encoded><![CDATA[<p><strong style="mso-bidi-font-weight: normal;">Wednesday 4th November, 19:30 </strong><br />
<strong style="mso-bidi-font-weight: normal;"><em style="mso-bidi-font-style: normal;"> </em></strong><br />
<strong style="mso-bidi-font-weight: normal;">Hotel Royal   </strong><br />
<strong style="mso-bidi-font-weight: normal;">Geneva</strong><strong style="mso-bidi-font-weight: normal;">  </strong><br />
 <br />
__<br />
 <br />
The International Centre for Trade &amp; Sustainable Development (ICTSD) and the Quaker UN Office (QUNO) are holding a Dialogue on “<em style="mso-bidi-font-style: normal;">IPRs in Bilateral and Regional Trade Agreements and Public Health</em>” on 4th November (19h30-21-30) at Hotel Royal in Geneva for a number of developing country government officials dealing with intellectual property and health issues.</p>
<p>The purpose of the dialogue is to present recent developments and research relating to and their implications on public health.<br />
 <br />
Recent years have witnessed a proliferation of bilateral and regional trade agreements between developed and developing countries. Many of these agreements include IP provisions (often referred to as “TRIPS-plus” standards), that go beyond the minimum standards established by the TRIPS Agreement and may affect the ability of developing countries to use the flexibilities contained in the Agreement for the purpose of protecting public health and promoting affordable access to medicines.<br />
 <br />
What are the main features of these IP provisions? What is their impact on the price of medicines and public health as shown by recent empirical research? How can governments deal with these provisions when negotiating bilateral and regional agreements and implementing them? These are some of the questions that will be discussed at the dialogue.<br />
 <br />
<em style="mso-bidi-font-style: normal;"> </em></p>
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		</item>
		<item>
		<title>Technology Transfer in the TRIPS&#160;Age</title>
		<link>http://ictsd.org/i/publications/50415/</link>
		<comments>http://ictsd.org/i/publications/50415/#comments</comments>
		<pubDate>Fri, 10 Jul 2009 14:31:51 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Digital Library]]></category>

		<category><![CDATA[ICTSD Publications]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[Issue paper]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[TRIPS]]></category>

		<category><![CDATA[Technology Transfer]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=50415</guid>
		<description><![CDATA[Technology Transfer in the TRIPS Age: 
The Need for New Types of Partnerships between the Least Developed and Most Advanced Economies
By Dominique Foray
Ecole Polytechnique Fédérale de Lausanne
___
Technology transfer to developing countries has been discussed by the international community for more than three decades. Today, the relationship between technology transfer and intellectual property stands high in [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Technology Transfer in the TRIPS Age: </strong><br />
<strong>The Need for New Types of Partnerships between </strong><strong>the Least Developed and Most Advanced Economies</strong></p>
<p><strong>By Dominique Foray</strong><br />
<strong>Ecole Polytechnique Fédérale de Lausanne</strong><br />
___<br />
Technology transfer to developing countries has been discussed by the international community for more than three decades. Today, the relationship between technology transfer and intellectual property stands high in the deliberations of the Council for TRIPS, in the discussions of the UN Framework Convention on Climate Change (UNFCCC) and in the implementation of the WIPO Development Agenda recommendations adopted in 2007.<br />
<em>Technology Transfer in the TRIPS Age: The Need for New Types of Partnerships between the Least Developed and Most Advanced Economies</em> (Issue Paper 23) by Dominique Foray (<a href="../i/publications/50415/">http://ictsd.net/i/publications/50415/</a>) is a recent contribution of the ICTSD Programme on Intellectual Property Rights and Sustainable Development to this ongoing debate. It focuses, in particular, on technology transfer to the least developed economies.<br />
According to the paper, many countries are increasing their exposure to foreign technologies by means of trade and foreign direct investment (FDI), while improving absorptive capacities to facilitate the dissemination of technologies and spillovers within the domestic economy. This represents a virtuous path that a number of developing countries – notably middle-income countries – follow. The experience of LDCs, however, is less promising. FDI and trade remain at a low level and their limited absorptive capacities makes it unlikely that the few foreign technologies that are transferred will disseminate throughout the economy.<br />
The paper makes practical recommendations, applicable, first, to least developed countries (LDCs), that want to use technology transfer as an effective growth engine, and, second, to developed countries that have to comply with Article 66.2 of the World Trade Organisation (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).<br />
With respect to TRIPS Article 66.2 obligations, the study suggests that transfer of technology should be part of a principal economic operation and not be a joint product or by-product, contingent on other operations. As far as additional incentives by governments are concerned, they should consist of assistance for projects that are socially beneficial but with low expected profitability for technology supplier firms. This should ensure that conditions for technology transfer involve the choice of relevant partners on both the supply and demand sides, selection of the right area related to a clearly expressed local demand for technology and the creation of organisational forms that favour the consolidation of the transfer (absorption, adaptation and subsequent spillover), as well as the related entrepreneurial dynamic.<br />
In this context, the study advances the need for greater use of public-private partnerships (PPPs) as a mechanism for ensuring the effectiveness of the technology transfer operation.<br />
A central objective of the ICTSD Programme on Intellectual Property and Sustainable Development has been to facilitate the emergence of a critical mass of well-informed stakeholders in developing countries – including decision makers and negotiators, but also within the private sector and civil society – who will be able to define their own sustainable human development objectives and effectively advance them at the national and international levels.<br />
We hope you will find this paper a useful contribution to the debate on IP, innovation and sustainable development, and particularly in responding to the need for increased awareness and better understanding of the complexities of technology transfer and, among others, its interface with IP.<br />
Dominique Foray is Chair in Economics and Management of Innovation, Ecole Polytechnique Fédérale de Lausanne.</p>
]]></content:encoded>
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		</item>
		<item>
		<title>Cross-Retaliation in TRIPS: Options for Developing&#160;Countries</title>
		<link>http://ictsd.org/i/publications/48049/</link>
		<comments>http://ictsd.org/i/publications/48049/#comments</comments>
		<pubDate>Fri, 05 Jun 2009 14:40:32 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Digital Library]]></category>

		<category><![CDATA[ICTSD Publications]]></category>

		<category><![CDATA[ICTSD Series]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[International]]></category>

		<category><![CDATA[Issue paper]]></category>

		<category><![CDATA[Legal Instruments]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=48049</guid>
		<description><![CDATA[Cross Retaliation in TRIPS: Options for Developing countries
by Frederick M. Abbott
 
The possibility for developing WTO Members to suspend concessions in the field of trade-related intellectual property rights (TRIPS) to redress an injury suffered with respect to trade in goods or services is a trade issue receiving increasing attention. Cross-retaliation is expressly contemplated by the WTO [...]]]></description>
			<content:encoded><![CDATA[<p>Cross Retaliation in TRIPS: Options for Developing countries<br />
by Frederick M. Abbott<br />
 <br />
The possibility for developing WTO Members to suspend concessions in the field of trade-related intellectual property rights (TRIPS) to redress an injury suffered with respect to trade in goods or services is a trade issue receiving increasing attention. Cross-retaliation is expressly contemplated by the WTO Dispute Settlement Understanding (DSU). WTO arbitrators have so far approved TRIPS cross-retaliation on two occasions: in favour of Ecuador against the European Communities (EC) and Antigua against the United States (US).<br />
 <br />
<em>Cross Retaliation in TRIPS: Options for Developing Countries </em>examines many legal questions raised by cross-retaliation in TRIPS and seeks to provide some answers to them. It analyses the cross-cutting issues raised by external commitments and national IPRs-related rules, and looks at each major categories of IPR to suggest practical approaches to suspending (or not suspending) them.<br />
 <br />
Beyond these legal and practical problems, the paper underlines that the main obstacle facing the less powerful WTO Members in seeking to implement cross-retaliation in TRIPS is likely to be political in nature, in the form of pressures from industry groups and governments of more powerful Members. WTO Members contemplating cross-retaliation in TRIPS should be aware that this will be no easy task.<strong></strong><br />
 <br />
This paper is produced jointly under ICTSD&#8217;s Programme on Dispute Settlement and Legal Aspects of International Trade and the Programme on IPRs and Sustainable Development. While the former aims to explore realistic strategies to maximize developing countries’ capability to engage international dispute settlement systems to defend their trade interest and sustainable development objectives, the latter seeks to achieve a more development oriented and balanced IP system and to identify options for developing countries to ensure that IP norms are supportive of their public policy objectives.<br />
 <br />
The author, Frederick M. Abbott, is Edward Ball Eminent Scholar Professor of International Law, Florida State University College of Law.</p>
]]></content:encoded>
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		</item>
		<item>
		<title>Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement On the Road to Hong&#160;Kong</title>
		<link>http://ictsd.org/i/events/dialogues/35664/</link>
		<comments>http://ictsd.org/i/events/dialogues/35664/#comments</comments>
		<pubDate>Mon, 08 Dec 2008 16:25:24 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Biodiversity and Traditional Knowledge]]></category>

		<category><![CDATA[Events]]></category>

		<category><![CDATA[ICTSD Dialogues]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=35664</guid>
		<description><![CDATA[Under the Doha mandate (Paragraph 19), the TRIPS Council, in its review of Article 27.3 (b) and Article 71.1 TRIPS, is instructed to consider the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), and the protection of traditional knowledge and folklore. This mandate is additionally strengthened and broadened by Paragraph 12 [...]]]></description>
			<content:encoded><![CDATA[<p>Under the Doha mandate (Paragraph 19), the TRIPS Council, in its review of Article 27.3 (b) and Article 71.1 TRIPS, is instructed to consider the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), and the protection of traditional knowledge and folklore. This mandate is additionally strengthened and broadened by Paragraph 12 and 31 of the Doha Declaration respectively, which call for mutual supportiveness between the trade and environment regimes. Since then, work in the TRIPS Council has focused on the relationship between the CBD, WIPO, FAO and the TRIPS Agreement, and particularly on whether and how patent applicants should be obliged to disclose the origin or source of the genetic resource and traditional knowledge used in an invention and provide evidence of prior informed consent and benefit sharing.</p>
<p>Several proposals have been made by a number of countries that show an emerging willingness to deal with the substantive and practical aspects of the issues. At the same time, academics and experts in the field have produced valuable research material with practical suggestions on moving this debate forward. While these attempts demonstrate a general interest to advance on these matters, it has been difficult to find the common ground needed to make appropriate use of the opportunity offered by the Doha Mandate.</p>
<p>In light of this the Ministerial Conference at the end of the year in Hong Kong can offer a new space for negotiations to move this debate forward. To do so, however, much work will be needed during coming months in order to provide the necessary options and solutions for successful decision making. The aim of this dialogue is to support this process by highlighting and constructively discussing some of the potentially promising proposals made in the recent past.</p>
<p><strong>Programme</strong></p>
<blockquote><p>Moderators: Ricardo Meléndez-Ortiz (ICTSD) and Martha Chouchena-Rojas (IUCN)</p>
<p><strong>Addressing the Disclosure Requirement at the International Level - the Role of the TRIPS Agreement?<br />
</strong>Begona VENERO (Peruvian Patent Office)<br />
Felix ADDOR (Swiss Federal Institute of Intellectual Property)</p>
<p><strong>How to Operationalise the Disclosure Requirement at the National level in a Manner Supportive of the TRIPS Agreement and the CBD?</strong><br />
Michael GOLLIN (Venable LLP)<br />
N.S. GOPALAKRISHNAN (Cochin University of Science and Technology) (unavailable due to family ill-health)<br />
David VIVAS-EUGUI (ICTSD)</p>
<p><strong>The TRIPS World after Disclosure of Source and Evidence of Prior Informed Consent and Benefit Sharing </strong><br />
Graham DUTFIELD (Queen Mary Intellectual Property Research Institute)<br />
Atul KAUSHIK Indian Mission to the WTO.</p>
<p>Participants List</p>
<p> </p>
<p><strong>Speakers</strong></p>
<p><strong>Felix Addor</strong> is Chief Legal Officer and Deputy Director General of the Swiss Federal Institute of Intellectual Property, Ministry of Justice, Berne/Switzerland; Lecturer at the Law Faculty of the University of Berne, and at the Master of International Law and Economy Programme opf the World Trade Institute, Switzerland, for international negotiations and international intellectual property. He may be contacted at: felix.addor@ipi.ch.</p>
<p><strong>Graham Dutfield</strong> is Herchel Smith Senior Research Fellow at Queen Mary Intellectual Property Research Institute, University of London. He was formerly Academic Director of the UNCTAD-ICTSD Capacity-building Project on Intellectual Property Rights and Development. He has published widely on the relationship between intellectual property rights and health, agriculture, biotechnology, biodiversity, traditional knowledge and development.<strong><br />
</strong></p>
<p><strong>Michael Gollin</strong> is a patent attorney and partner in Venable LLP, Washington DC (magollin@venable.com). He teaches Strategic Management of Intellectual Property at Georgetown business school. Mr. Gollin founded Public Interest Intellectual Property Advisors (PIIPA), a global non-profit intellectual property resource for developing countries organizations. He received a bachelor&#8217;s degree in biochemical sciences from Princeton University, a master&#8217;s degree in zoology and molecular biology from the University of Zurich, and a law degree from Boston University.</p>
<p><strong>Dr. N. S. Gopalakrishnan</strong> is the Director of the School of Legal Studies, Cochin University of Science and Technology. Prior to joining Cochin University in 1997, he worked as the Dean of the Faculty of Law, Kannur University, Kerala, and as an Additional Professor in the National Law School of India University. He has published two books and a number of research articles in the area of Intellectual Property Laws including in the area of access and benefit sharing. He was an expert adviser to the Indian Delegation to the Diplomatic Conference on WIPO Treaties, 1996, and has served as a member of expert committees set up by the Government of India on IPR issues.</p>
<p><strong>Atul Kaushik </strong>works with the Permanent Mission of India to the WTO in Geneva. He has science, law and management degrees, and has worked for more than two decades on international trade issues in the Government of India, with a focus on WTO issues, and in particular intellectual property, environment and dispute settlement in the last ten years.</p>
<p><strong>Sélim Louafi </strong>is Research fellow at Iddri since 2001 in charge of the biodiversity programme of this Institute. He is a PhD fellow in Agricultural economy. Formerly, he was Research assistant at the Centre of Philosophy of Law at The Université Catholique de Louvain (2000-2001). He has worked on the different theories of governance applied on biodiversity negotiations. His current research projects are in the fields of access to genetic resources and traditional ecological knowledge. He is coordinating a collective book on the questions of the French experiences of protection of traditional ecological knowledge (to be published in end 2005).</p>
<p><strong>Maria Julia Oliva </strong>has led CIEL&#8217;s work on intellectual property for over two years and is currently the Director of the Intellectual Property and Sustainable Development Project. She has written extensively on intellectual property and sustainable development issues and has represented CIEL in numerous intellectual property meetings and events. Ms. Oliva is also a Member of the Board of Directors of IP-Watch, a non-profit independent news service reporting on international intellectual property issues. She earned an LL.M. Degree in Environmental Law from Northwestern School of Law at Lewis and Clark College, where she graduated cum laude a law degree at the University of Mendoza, in Argentina.</p>
<p><strong>Brendan Tobin</strong> heads the Biodiplomacy Initiative at UNU-IAS. He is the co-founder of the Lima-based Association for the Defence of Natural Rights (ADN), and in 1997 was awarded an Ashoka Fellowship for Social Entrepreneurs for his work with indigenous people in Peru. Mr. Tobin has since the early 1990s been actively involved in international negotiations relating to the Convention on Biological Diversity, and has served as a member of the First Panel of Experts on Access and Benefit Sharing and as a member of the Peruvian national delegation to the Conference of the Parties to CBD, and the Working Groups on ABS and Article 8(j). He is the author of a number of articles on access and benefit sharing and traditional knowledge.<strong> </strong></p>
<p><strong>Begoña Aguirre Venero </strong>is Vice-President of the Intellectual Property Board of Appeals of the Peruvian National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) since 1999. She also chairs the Peruvian National Commission against Biopiracy since august 2004. She was formerly Head of the Peruvian Patent Office. She received a Law Degree from the Pontificia Universidad Catolica del Peru (Lima, Peru) and a Diploma on international studies on industrial property from the Centre d&#8217;études internationales de la propriété industrielle, Université Robert<br />
Schuman (Strasbourg, France). She has participated as a member of the Peruvian Delegation in a number of meetings before WIPO and the CBD, and has written articles on intellectual property, protection of traditional knowledge and biopiracy.</p>
<p><strong>David Vivas </strong>is Programme Manager of Intellectual Property, Technology and Services at ICTSD. He was Senior Attorney at the Center for International Environmental Law (CIEL); Attaché for legal affairs at the Mission of Venezuela to the WTO; and consultant and writer for the WTO, UNCTAD, South Centre, ACICI, QUNO, Rockefeller Foundation, Venezuelan Institute of Foreign Trade and Ministry of Science and Technology of Venezuela. His work has focused on intellectual property, transfer of technology-related issues, trade in services and international economic and environmental negotiations. David Vivas has a legal background, and has<br />
studied at the Universidad de Catolica Andresa Bello, Venezuela, Georgetown University in the United States and Universidad Externado, in Colombia.</p>
<p><strong>Moderators</strong></p>
<p><strong>Ricardo Meléndez-Ortiz</strong> is co-founder and first Executive Director of the International Centre for Trade and Sustainable Development, since 1996. He is the Vice-Chair of the Commission on Environmental, Economic and Social Policy (CEESP) and the Chair of CEESP&#8217;s Group on Environment, Trade and Investment (GETI). He is also the co-founder and was a General Director of the Fundacion Futuro Latinoamericano (1994-1996, Quito, Ecuador) and has served as a delegate and principal negotiator for Colombia, as a spokesman for the G-77, and as a counsultant for UNDTCP.</p>
<p><strong>Martha Chouchena-Rojas </strong>heads the IUCN unit that leads the Union&#8217;s work on cross-sectoral agreements and processes, including the CBD, the UNCCC, the WTO and the follow up to the WSSD. She also coordinates IUCN&#8217;s work in the context of the United Nations system, as well as internal procedures for policy making throughout the Union. Prior to joining IUCN in 1994, she served as the Director of the National Parks of Colombia and represented the Colombian government in several MEAs. Other experience includes serving as the Program Coordinator for the FAO Tropical Forestry Action Plan in Colombia and as a FAO consultant for various protected areas management projects.</p>
<p><strong>Participants</strong></p>
<p>Marc Allain - WFF<br />
Andrea Theiler - University of St. Gallen<br />
Andreas Kotsakis - International Fund for Agricultural Development<br />
D.R. Aqarwal - Institute of International Trade, India<br />
P. Arhel - WTO<br />
Lucas Rizzo Arrivillaga - ETH Zurich<br />
Riad Baatia<br />
Elmias T. Biadgleng - South Centre<br />
Joshua Bishop - IUCN<br />
Riccardo Bocci - Instituto Agronomico Per L&#8217;Oltremare<br />
Marcel Burkart - University of St. Gallen<br />
Claudio Chiarolla - QMU<br />
Michelle Davey - Sidley Austin Brown &amp; Wood<br />
Carolyn Deere - Oxford University<br />
Magali Fabre - 3D Three<br />
Ernesto Fernandez - Mission of Costa Rica<br />
Abril Frayre - Mission of Mexico<br />
Francis Gagnon - CASIN<br />
Otto Genee - MFA Netherlands<br />
Martin Girsberger - Swiss IP Institute<br />
Inger Gregersen - Mission of Norway<br />
Ricardo Guilherme - WTI<br />
Malte Hauschild - Mission of Germany<br />
Pai-Yeh Ho - CIECA Chinese Taipei<br />
Benjamin Hsu - Mission of Taiwan<br />
Pai Jackson - Mission of Taiwan<br />
Linga Kalinde - South Centre<br />
Fernanda Kallas - Universite Paris II Pantheon Assas<br />
Roger Kampf - WTO<br />
Kanitha Kangsawanich - Mission of Thailand<br />
Juergen Kuirsch - Greenpeace Germany<br />
Jyoti Larke - Mission of australia<br />
Yann Le Goater - Universite Paris II Pantheon Assas<br />
Karen Lee Rata - WIPO<br />
Chen-Wei Lin - NSC Chinese Taipei<br />
Duncan Matthews - Queen Mary University of London<br />
Wolf Meier-Ewert - WTO<br />
Jean-Frederic Morin - IDDRI<br />
Alejandro Neyra - Mission of Peru<br />
Raquel Neyra - La Sorbonne<br />
Prof. M.M. Pant - ICWWS, New Delhi<br />
Paquin - UNISFERA<br />
Sonia Pena - IUCN<br />
Rachel Polaud - Institut Etudies Politiques, Grenoble<br />
Aiste Ramanauskaite - Council of Europe Parliamentary Assembly<br />
Krishna Ravisrinna - South Centre<br />
Ann-Mary Redmond - EC Commission<br />
Pedro Roffe - ICTSD<br />
Jon Santamauro - Mission of US<br />
Eric Sayettout - Mission of France<br />
Jaiylyn Shi - UNCTAD<br />
Andrew Stevenson - ICTSD<br />
Geoff Tansey - QUNO<br />
Richard Tarasofsky - Chatham House<br />
Tony Taubman - WIPO-OMPI<br />
Guillaume Tell - Pomme Suisse<br />
Urs P. Thomas - University of Geneva<br />
Elisabeth Turk - UNCTAD DITC<br />
Sophia Twarog - UNCTAD<br />
A. Van den Hoven - UNICE<br />
Kristof Volckaert<br />
J. Watal - WTO<br />
Martin Watson - QUNO<br />
Elisabeth Wickeri - HRIC<br />
Sebastian Winkler - IUCN<br />
Connie Yang - NSC Chinese Taipei<br />
Dimitrios Ziagas - University of London</p>
<p> </p></blockquote>
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		<title>Implementing Intellectual Property Rights under a Development&#160;Perspective</title>
		<link>http://ictsd.org/i/events/dialogues/35656/</link>
		<comments>http://ictsd.org/i/events/dialogues/35656/#comments</comments>
		<pubDate>Mon, 08 Dec 2008 15:15:50 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Events]]></category>

		<category><![CDATA[ICTSD Dialogues]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[Knowledge]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=35656</guid>
		<description><![CDATA[Presentation of the UNCTAD-ICTSD Resource Book on TRIPS and Development
ICTSD-UNCTAD Roundtable
ICTSD is proud to announce the launch of the UNCTAD - ICTSD Resource Book on TRIPS and Development, to be held on 7 April 2005 from 9h00 - 11h00 at the International Environmental House II, Rooms Rhin and Aare.
The Resource Book, published in February 2005 [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Presentation of the UNCTAD-ICTSD Resource Book on TRIPS and Development</strong></p>
<p><strong>ICTSD-UNCTAD Roundtable</strong><br />
ICTSD is proud to announce the launch of the UNCTAD - ICTSD Resource Book on TRIPS and Development, to be held on 7 April 2005 from 9h00 - 11h00 at the International Environmental House II, Rooms Rhin and Aare.</p>
<p>The <a href="http://ictsd.net/ResourceBookIndex.htm">Resource Book</a>, published in February 2005 by Cambridge University Press, is conceived as a thorough guide to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It provides a detailed analysis of each provision of the Agreement, aiming at a sound understanding of WTO Members&#8217; rights and obligations. The purpose is to clarify the implications of TRIPS, especially highlighting the areas in which the treaty leaves leeway to Members for the pursuit of their own policy objectives, according to their respective levels of development.<strong></strong></p>
<p>Programme</p>
<p>9.00 - 9.30:</p>
<p>Welcoming Remarks and presentation of the Resource Book<br />
Ricardo Meléndez-Ortiz, Executive Director, ICTSD<br />
Carlos Fortin, Officer-in-Charge, UNCTAD<br />
Pedros Roffe, Project Director, ICTSD</p>
<p>9.30 - 10.30</p>
<p>Panel Discussion:<br />
Guilherme Patriota, Permanent Mission of Brazil to the UN<br />
Cameron MacKay, Permanent Mission of Canada to the UN<br />
Adrian Otten, Director, Intellectual Property Division, WTO<br />
Frederick Abbott, Professor, Florida State University College of Law<br />
Carlos Correa, Professor, Universidad de Buenos Aires / South Centre</p>
<p>10.30 - 11.00:</p>
<p>Questions &amp; Answers</p>
<p><strong>Participants</strong></p>
<blockquote><p>Frederick Abbott, Professor, Florida State University College of Law<br />
Christophe Bellmann, ICTSD<br />
Johannes Bernabe, Permanent Mission of The Philippines to the WTO<br />
Carlos Correa, Professor, Universidad de Buenos Aires / South Centre<br />
Carolyn Deere, Intellectual Property Watch<br />
Ragui El-Etreby Permanent Mission of Egypt<br />
Carlos Fortin, Officer-in-Charge, UNCTAD<br />
Hekmatollah Ghorbani, Permanent Mission of Iran<br />
Khalil Hamdani, UNCTAD<br />
Myrna Huggins, Permanent Mission of Trinidad and Tobago<br />
Alejandro Jara, Permanent Mission of Chile<br />
Atul Kaushnik, Permanent Mission of India<br />
James Lankford, QUND<br />
Bernice Lee, ICTSD<br />
Jean-Cristophe Maur, DFID UK<br />
Cameron Mckay, Permanent Mission of Canada<br />
Giselle de Meléndez, University of Geneva<br />
Ricardo Meléndez-Ortiz, Executive Director, ICTSD<br />
Sisule Musungu, South Centre<br />
Angelica Navarro, Permanent Mission of Bolivia<br />
Alejandro Neyra, Permanent Mission of Peru<br />
Maria Julia Oliva, CIEL<br />
Adrian Otten, Director, Intellectual Property Division, WTO<br />
Davinia Ovett, 3D<br />
Guilherme Patriota, Permanent Mission of Brazil to the UN<br />
Pedro Roffe, Project Director, ICTSD<br />
Maximiliano Santa Cruz, Permanent Mission of Chile to the WTO<br />
Dayaratna Silva, Permanent Mission, of Sri Lanka<br />
David Vivas, ICTSD<br />
Martin Watson, QUND</p></blockquote>
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		<title>HIV Drug Policies and South Markets: Settling&#160;Controversies</title>
		<link>http://ictsd.org/i/ip/33700/</link>
		<comments>http://ictsd.org/i/ip/33700/#comments</comments>
		<pubDate>Mon, 17 Nov 2008 09:48:01 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Digital Library]]></category>

		<category><![CDATA[Health]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=33700</guid>
		<description><![CDATA[ABSTRACT
Despite progress, antiretroviral therapy coverage in low- and middle-income countries remains poor: only 31% of HIV-infected people in need were receiving treatment in 2007.  Obstacles inlude weak healthcare systems, a critical shortage of human resources and a lack of sustainable, long-term funding considering that health spending is still less than US$10 per person per year [...]]]></description>
			<content:encoded><![CDATA[<p><strong>ABSTRACT</strong></p>
<p>Despite progress, antiretroviral therapy coverage in low- and middle-income countries remains poor: only 31% of HIV-infected people in need were receiving treatment in 2007.  Obstacles inlude weak healthcare systems, a critical shortage of human resources and a lack of sustainable, long-term funding considering that health spending is still less than US$10 per person per year in most African countries, these obstacles act as key barriers in preventing poor people from obtaining life-saving drugs. Under this backcloth, out-of-reach prices still prevent HIV-infected people in most income-constrained countries from accessing brand antiretroviral drugs (ARVs).  In the meantime, evolutionary strategies by governments and generic companies in emerging south markets look like they would place a risk of failure on ARVs pricing policies of the multinational brand corporations.</p>
<p>This article explore an attuned model to allow the brand and generic maufacturers to appropriately tackle evolutionary trends in the emerging markets, while securing the poorest expanded access to fairly priced ARVs, either for the present or the future.</p>
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		<title>Cross-Retaliation in TRIPS and GATS: Options for Developing&#160;Countries</title>
		<link>http://ictsd.org/i/events/dialogues/30531/</link>
		<comments>http://ictsd.org/i/events/dialogues/30531/#comments</comments>
		<pubDate>Fri, 17 Oct 2008 09:51:32 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[Developing Countries and DSU]]></category>

		<category><![CDATA[Dispute Settlement and Understanding Programme]]></category>

		<category><![CDATA[Events]]></category>

		<category><![CDATA[ICTSD Dialogues]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=30531</guid>
		<description><![CDATA[ 
 
 
ICTSD Roundtable
9h30-12h00
Friday, 17th October 2008 
World Meteorological Organisation
Room C1 
*Avenue de la Paix 7 bis, 1202 Geneva 
The objective of the roundtable was to examine options and challenges in the use of cross-retaliation in TRIPS and GATS with a view to enable developing countries to make effective use of it under the WTO Dispute Settlement system.
 
Professor Frederick [...]]]></description>
			<content:encoded><![CDATA[<h2> <a href="http://ictsd.net/wp-content/uploads/2008/10/roundtable2_1.gif"><img class="size-medium wp-image-30532 aligncenter" title="Roundtable" src="http://ictsd.net/wp-content/uploads/2008/10/roundtable2_1-300x150.gif" alt="" width="336" height="229" /></a><br />
 <br />
<a name="OLE_LINK2"></a> <br />
ICTSD Roundtable<br />
9h30-12h00<br />
Friday, 17th October 2008 </h2>
<h2>World Meteorological Organisation</h2>
<p><strong>Room C1 </strong></p>
<p><strong>*Avenue de la Paix 7 bis, 1202 Geneva </strong></p>
<p>The objective of the roundtable was to examine options and challenges in the use of cross-retaliation in TRIPS and GATS with a view to enable developing countries to make effective use of it under the WTO Dispute Settlement system.<br />
 <br />
Professor Frederick M. Abbott and Dr. Arthur E. Appleton presented the findings of two studies, commissioned by ICTSD, in which they respectively investigate the legal, technical and economic problems raised in the use of cross-retaliation under TRIPS and GATS, and present possible solutions to these problems.<br />
 <br />
<em style="mso-bidi-font-style: normal;">Background </em><br />
Cross-retaliation refers to the suspension of concessions in a sector of trade different than the sector in which the trade injury is suffered, including under a different WTO agreement. The incorporation of the “new area” agreements of TRIPS and GATS, as a consequence of the Uruguay Round negotiations, introduced a more complex era in dispute settlement and retaliation. For many developing countries, suspension of concessions in TRIPS or GATS may represent a valuable alternative option when it is not practical or effective for them to rely on standard retaliation. This is often the case due to the unbalanced nature of trading relations and the asymmetry in economic power.<br />
 <br />
However, this option has rarely been used by developing countries. Thus, the complex legal and technical problems, as well as the economic consequences, of resorting to cross-retaliation under the TRIPS Agreement and the GATS need to be examined comprehensively, in order for developing countries to make effective use of this option.<br />
 <br />
Professor Abbott has investigated cross-retaliation under the TRIPS Agreement. He presents the range of legal options available to governments considering the suspension of concessions under the TRIPS Agreement particularly in terms of identifying the level of suspension and avoiding legal conflicts.<br />
Dr. Appleton has identified and outlined options on how to implement cross- retaliation within the GATS. In this connection, he has examined Modes and sectors of service supply where cross retaliation would be legally and technically feasible while creating an incentive for the violating member to comply without causing harm to the economy of the retaliating member.<br />
 <br />
After the presentations, comments were made by a number of distinguished experts and delegates. An open discussion with the audience followed. (Programme attached). The two studies by Professor Abbott and Dr.  Appleton were made available at the meeting.</p>
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		<title>TRIPS Council Considers Disclosure Issues; Divisions&#160;Remain</title>
		<link>http://ictsd.org/i/environment/12321/</link>
		<comments>http://ictsd.org/i/environment/12321/#comments</comments>
		<pubDate>Fri, 27 Jun 2008 13:58:27 +0000</pubDate>
		<dc:creator>Malena Sell</dc:creator>
		
		<category><![CDATA[Biodiversity]]></category>

		<category><![CDATA[Bridges Trade BioRes]]></category>

		<category><![CDATA[Environment and Natural Resources Programme]]></category>

		<category><![CDATA[IPRs]]></category>

		<category><![CDATA[News and Analysis]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/?p=12321</guid>
		<description><![CDATA[WTO Members continued to disagree on biodiversity-related issues at the latest Council on Trade Related Aspects of Intellectual Property Rights (TRIPS), held on 17 June.
Members&#8217; disagreements centred on a proposed amendment to the TRIPS Agreement, which would incorporate a ‘disclosure of origin’ requirement for biological resources (IP/C/W/474, available at http://docsonli.wto.org), as well as on whether [...]]]></description>
			<content:encoded><![CDATA[<p>WTO Members continued to disagree on biodiversity-related issues at the latest Council on Trade Related Aspects of Intellectual Property Rights (TRIPS), held on 17 June.</p>
<p>Members&#8217; disagreements centred on a proposed amendment to the TRIPS Agreement, which would incorporate a ‘disclosure of origin’ requirement for biological resources (IP/C/W/474, available at <a href="http://docsonli.wto.org">http://docsonli.wto.org</a>), as well as on whether intellectual property (IP) issues should be included in upcoming ‘horizontal’ negotiations on modalities in agricultural and non-agricultural market access within the Doha Round.</p>
<p><strong>Disclosure on the agenda - again</strong></p>
<p>As has been the practice in previous Council meetings, the agenda items on patenting, biodiversity and the protection of traditional knowledge and folklore had been scheduled to be discussed together. However, the debate focused on three subjects, only one of which was included in this framework. Continuing an ongoing informal dialogue (see Bridges Trade BioRes, 13 June 2008, <a href="http://www.ictsd.org/biores/08-06-13/inbrief.htm#1">http://www.ictsd.org/biores/08-06-13/inbrief.htm#1</a>), delegates discussed the development of a register for geographical indications (GI), the extension of high-level protection to GIs other than wines and spirits, and the possibility of amending the TRIPS Agreement to include a disclosure of origin requirement in patent applications.</p>
<p>Disclosure turned out to be the most contentious issue at the meeting. Also considered in informal consultations chaired by WTO Deputy Director-General Rufus Yerxa, disagreement on the topic centred on the possibility of amending the TRIPS Agreement to bring it in line with commitments under the UN Convention on Biological Diversity (CBD). Specifically, the proposed amendment would require that patent applications disclose the origin of genetic material or traditional knowledge used in inventions. The current debate is over whether this amendment is the most effective way to stop the misappropriation of genetic resources and associated traditional knowledge.</p>
<p>Consequently, the issue of &#8216;parallelism&#8217; was raised. Parallelism refers to the question of whether all three of the IP issues in question - the GI register, its extension and disclosure - should be included in forthcoming horizontal negotiations on market opening in the agricultural and industrial sectors. Those in favour of parallelism want the negotiations to include all three IP issues, while those against it argue that more technical discussion and empirical evidence is required before moving to text-based negotiations. Those opposed further maintain that parallelism would substantially delay progress in the Doha negotiations.</p>
<p><strong>Members&#8217; positions remain unchanged</strong></p>
<p>Proponents of disclosure and parallelism, which include Brazil, China, India, Indonesia, the group of least developed countries (LDCs), Peru and Thailand, re-emphasised that the support extended to the disclosure proposal amounts to over two-thirds of the WTO Membership. They urged the Council to push forward and proceed with text-based negotiations.</p>
<p>The Philippines and South  Africa spoke against parallelism but in favour of disclosure; Taiwan, while undecided on disclosure, opposed parallelism.</p>
<p>Sources report that critics of both parallelism and disclosure, which include Argentina, Australia, Canada, Korea, Japan, Singapore, and the US, argued that disclosure is not the most effective way of dealing with misappropriation. Those delegations further maintained that including the three controversial IP issues with the other subjects would jeopardise the negotiations on agriculture and industrial products.</p>
<p>Korea, Singapore and the US reiterated that they did not believe that an amendment of the TRIPS Agreement constituted the most effective way to address Members&#8217; concerns related to bio-piracy, referring to alternatives such as a database system proposed by Japan (IP/C/W/504 and IP/C/W/472). They maintained that further facts-oriented discussions in the Council were necessary on the issue.</p>
<p>Bolivia, on behalf of its indigenous peoples, declared that it was strongly opposed to the concept that natural resources could pertain to the domain of private property rights, and that patents did not constitute the appropriate means of protection.</p>
<p>With respect to enforcement, the EU repeated its view that sanctions for a violation of the disclosure of origin requirement should be sought outside of patent law, as a revocation of patents would endanger the viability of the patent system.</p>
<p>Members also discussed wither the secretariat of the Convention on Biological Diversity (CBD) should be granted observer status. Brazil, China, Ecuador and India expressed strong support for such as move. The Chair, Ambassador Gail Marie Mathurin (Jamaica) announced that immediate consultations on this matter would be held with the CBD Secretariat.</p>
<p>The meeting concluded with the announcement that a new chairperson will be sought, as the current chair will be taking on new duties in Jamaica.</p>
<p>ICTSD reporting.</p>
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		<title>Final Report of Sierra Leone Intellectual Property Technical Assistance Diagnostic&#160;Study</title>
		<link>http://ictsd.org/i/publications/3579/</link>
		<comments>http://ictsd.org/i/publications/3579/#comments</comments>
		<pubDate>Mon, 01 Oct 2007 11:31:00 +0000</pubDate>
		<dc:creator>Andrew Aziz</dc:creator>
		
		<category><![CDATA[ICTSD Publications]]></category>

		<category><![CDATA[Intellectual Property Programme]]></category>

		<category><![CDATA[Library General Selection]]></category>

		<category><![CDATA[TRIPS]]></category>

		<guid isPermaLink="false">http://ictsd.org/final-report-of-sierra-leone-intellectual-property-technical-assistance-diagnostic-study/</guid>
		<description><![CDATA[
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