Intellectual property
WIPO-WTO colloquium papers 2017
The WIPO-WTO Colloquium Papers is a peer-reviewed academic journal, published jointly by the World Intellectual Property Organization and the World Trade Organization each year since 2010. Providing a uniquely representative and diverse showcase for emerging IP scholarship from across the globe, the journal aims to stimulate analysis and debate on intellectual property (IP) issues particularly of interest to developing countries. And it offers an avenue for the dissemination of a broader and more geographically diverse and representative range of scholarship than is common in much of the academic literature on IP law and policy.
Interplay Between Patents and Standards in the Information and Communication Technology (ICT) Sector and its Relevance to the Implementation of the WTO Agreements
The interplay between patents and standards in the information and communication technology (ICT) sector has been intensively debated at international, regional and national levels over the past decades. In essence, the debate is firstly about the extent and impact of patent holdup and holdout in the ICT sector, and then about how to eliminate or reduce these practices.
WIPO-WTO colloquium papers 2016
The WIPO-WTO Colloquium Papers is a peer-reviewed academic journal, published jointly by the World Intellectual Property Organization and the World Trade Organization each year since 2010. Providing a uniquely representative and diverse showcase for emerging IP scholarship from across the globe, the journal aims to stimulate analysis and debate on intellectual property (IP) issues particularly of interest to developing countries. And it offers an avenue for the dissemination of a broader and more geographically diverse and representative range of scholarship than is common in much of the academic literature on IP law and policy.
Some memories of the unique TRIPS negotiations
The invitation to contribute to this book was certainly a pleasant surprise. The question for me was what I should write about: I had not been one of the negotiators and the chapter on the TRIPS negotiations from the perspective of the GATT Secretariat is dealt with by Adrian Otten, who was the Secretary of the TRIPS Negotiating Group. Several suggestions were made by my co-authors and, upon reflection, I decided to contribute with just a short compilation of some memories in respect of a diverse set of aspects, whether trade-related or not.
Why we managed to succeed in TRIPS
There have been many books and articles written about the TRIPS Agreement. Most go into great detail over the costs and benefits of the various provisions of the Agreement. As one of the negotiators of the Agreement, I will not attempt to debate such an analysis. Rather, this chapter will provide brief, personal reflections of my experiences during the negotiations, which have had a significant impact on the rest of my career as a Canadian diplomat focusing on trade issues.
Dispute settlement in TRIPS: A two-edged sword
In the Uruguay Round of multilateral trade negotiations under the GATT, the negotiations on the TRIPS Agreement were not alone in making a slow start. IPRs were a radically new subject matter for the GATT. There was both uncertainty as to just what could be considered trade-related aspects of IPRs, and disagreement over the appropriateness of trying to incorporate them into a negotiation about goods. The constructive ambiguity of the mandate – necessary to achieve consensus at Punta del Este – led to strong disagreement over what did or did not fall within it. This disagreement continued throughout most of the negotiations, and was only attenuated towards the end.
Negotiating for Hong Kong
Hong Kong’s overall approach to the TRIPS negotiations was made clear to the other participants from an early stage: Hong Kong held itself out as the exemplar of free trade, with a mature, respected legal system, providing comprehensive protection across the range of IP to right holders.
Patents: An Indian perspective
In this chapter, I share my recollections as a representative of India from 1989–90 in the TRIPS negotiations, focusing on India’s defensive interests with respect to the patent provisions of the TRIPS Agreement. I also include some relevant background information, as well as some recollections of my interaction with other parties to the TRIPS negotiations.
The TRIPS negotiations: An overview
As a former official within the Secretariat of the GATT/WTO with responsibility for TRIPS matters, my aim in this chapter is to set the scene for the contributions to this book of the negotiators themselves, by outlining the origins and various stages of the negotiations that led to the TRIPS Agreement. I will also make some general observations on the negotiations, in particular on how it proved possible to negotiate an agreement as substantial as the TRIPS Agreement and on why the WTO has been finding it difficult to achieve results comparable to those of the Uruguay Round of multilateral trade negotiations. I will, of course, do this from the perspective of a former Secretariat official; other chapters will add additional perspectives. I should add that I left the WTO Secretariat in 2008.
Foreword
As we mark the 20th anniversary of the WTO, it seems appropriate that we should put a spotlight on the TRIPS Agreement which also turns 20 this year. When the TRIPS Agreement came into being in 1995, it introduced substantive and comprehensive disciplines on intellectual property rights (IPRs) into the multilateral trading system.
Negotiating for Argentina
To prepare a chapter that presents the experiences of a negotiator of the TRIPS Agreement as close as possible to reality is not an easy task. This is because the Agreement is complex as it covers many subjects related to IP and is made up of a set of rules with varied degrees of specificity and detail. Approaching this task 25 years after the negotiations has introduced complications and involuntary distortions that have made this task even more difficult.
Copyright: A Nordic perspective
During the Uruguay Round of multilateral trade negotiations, I worked at the Finnish Ministry of Education and Culture, where my main responsibilities included copyright law and policy. I participated in coordination of the Nordic countries (Finland, Iceland, Norway and Sweden) in the capitals and represented the Nordic countries in the later stages of the TRIPS negotiations in Geneva. During the same period, I was also actively involved in WIPO’s work on copyright and the protection of layout-designs of integrated circuits, and also contributed to the intergovernmental work under various other international and European fora, such as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention). Since January 1995, I have served at the WTO Secretariat, IP Division.
Copyright: An Indian perspective
My unexpected participation in the TRIPS negotiations, as my country’s sole negotiator on copyright, remains one of the unforgettable experiences of a 38-year civil service career.
Appendices
I would like to thank you very much for inviting me to this Symposium. It is really great to be back in Geneva. I have, indeed, very fond memories of my long stay here and coming back gives me the great pleasure to meet dear, old friends.