[A2k] UNCITRAL Guide and IP

[Manon Ress]

--
[ Picked text/plain from multipart/alternative ]
FYI: UNCITRAL Guide and Intellectual property

UNCITRAL Working Group VI Security interests (next meeting: 13 th
session, 19-23 May 2008, New York).  Yes, the working group on
Security interests.


The United Nations Commission on International Trade Law (UNCITRAL)
has drafted and will publish a legislative guide for developing
countries regarding secured financing transactions. The Guide was
adopted by UNCITRAL in December 2007.  The guide was apparently not
drafted with IP in mind ...and now a number of "IP experts" (industry
associations etc) are getting involved. There are choice of law issues
and also questions re the guide and TRIPS.

In June-July 2007, UNCITRAL approved additional work, for an annex to
the Guide, annex that should provide "specific guidance to states as
to the appropriate coordination between secured transactions and
intellectual property law".

More "info" (UN style) on the UNCITRAL WG:
http://www.uncitral.org/uncitral/en/commission/working_groups/6Security_Int=
erests.html


See [PDF]
UNCITRAL Second International Colloquium on Secured Transactions
... on secured transactions under development by Working Group VI of
the ... European Patent Oppositions,=94 National Bureau of Economic
Research, working paper no. ... 33 ...
www.uncitral.org/pdf/english/colloquia/2secint/Walsh.pdf
- 2007-01-15

quote from Walsh paper:
The traditionalist conception of IPRs as territoriality defined =96 and
confined =96 comes at a cost to efficiency. If an IPR is to be used or
exploited =96 or assigned or given as security =96 in multiple markets,
its validity and scope of protection must be established and monitored
in each and every territorially defined market. end of quote




***************************************************************************
Manon Anne Ress
manon.ress@keionline.org,

1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727

24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607

Il vaut mieux remuer une question, sans la d=E9cider, que la d=E9cider,
sans la remuer.
Pens=E9es, essais, maximes et correspondance de J. Joubert  p.249
http://visualiseur.bnf.fr/Visualiseur?Destination=3DGallica&O=3DNUMM-88671
Translation: It is better to debate a question without settling it
than to settle a question without debating it