[A2k] IP-Watch:World Customs Organization Recommends Far-Reaching New Rules On IP

Fri Feb 29 11:37:12 2008

http://ip-watch.org/weblog/wp-trackback.php?p=3D939

<SNIP>

The World Customs Organisation is recommending far-reaching new rules
on intellectual property rights that some say may extend beyond the
organisation=92s mandate.

Staff at the WCO=92s Brussels headquarters are preparing what they
describe as voluntary =91model legislation=92 to provide guidance on how
IP rights can be upheld at border posts.

<SNIP>

Brazil is perturbed by a WCO recommendation that customs authorities
need to be conferred with powers and be able to take measures that are
additional to those set out in the key international accord on IP
issues: the World Trade Organization Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS). TRIPS does not oblige
its signatories to introduce border control measures relating to
exports or goods in transit.

During discussions in February, Brazil argued that a WCO working group
known as SECURE (Standards to be Employed by Customs for Uniform
Rights Enforcement) had no mandate to alter the international legal
framework on intellectual property. SECURE document on provisional
standards employed by Customs available here (pdf).

A Brazilian diplomat suggested that the governments from leading
industrialised countries in Europe and North America are aware that
they would be unable to win sufficient support at the World Trade
Organisation to extend the scope of TRIPS. The diplomat argued that
rich countries are using the WCO, a separate body, to introduce
measures that go beyond TRIPS =93through the backdoor.=94

=93There is a question of setting a dangerous precedent,=94 the diplomat
added, stating he would =93not be surprised=94 if industrial countries try
to insert provisions agreed at WCO level into future free trade
agreements they negotiate with poorer countries.

<SNIP>

James Love from Knowledge Ecology International, an organisation
monitoring the global IP debate, alleged that there has been no
transparency about the discussions taking place at the WCO.

The lack of involvement of consumer and other advocacy groups in the
WCO=92s work may explain why rich country governments view it as a forum
where they can strive for new IP rules, free from scrutiny. =93They try
to pick a forum where consumer representation is weak,=94 he added.

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Intellectual Property Watch

28 February 2008
World Customs Organization Recommends Far-Reaching New Rules On IP

By David Cronin for Intellectual Property Watch
BRUSSELS - The World Customs Organisation is recommending far-reaching
new rules on intellectual property rights that some say may extend
beyond the organisation=92s mandate.

Staff at the WCO=92s Brussels headquarters are preparing what they
describe as voluntary =91model legislation=92 to provide guidance on how
IP rights can be upheld at border posts.

While they are hoping that the model will be approved by the 171-
country body in June, representatives of developing countries were
meeting this week to address concerns raised by Brazil over the
proposal=92s likely breadth.

Brazil is perturbed by a WCO recommendation that customs authorities
need to be conferred with powers and be able to take measures that are
additional to those set out in the key international accord on IP
issues: the World Trade Organization Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS). TRIPS does not oblige
its signatories to introduce border control measures relating to
exports or goods in transit.

During discussions in February, Brazil argued that a WCO working group
known as SECURE (Standards to be Employed by Customs for Uniform
Rights Enforcement) had no mandate to alter the international legal
framework on intellectual property. SECURE document on provisional
standards employed by Customs available here (pdf).

A Brazilian diplomat suggested that the governments from leading
industrialised countries in Europe and North America are aware that
they would be unable to win sufficient support at the World Trade
Organisation to extend the scope of TRIPS. The diplomat argued that
rich countries are using the WCO, a separate body, to introduce
measures that go beyond TRIPS =93through the backdoor.=94

=93There is a question of setting a dangerous precedent,=94 the diplomat
added, stating he would =93not be surprised=94 if industrial countries try
to insert provisions agreed at WCO level into future free trade
agreements they negotiate with poorer countries.

WCO staff perceive that TRIPS does not adequately address issues of
technology. For example, TRIPS does not contain provisions relating to
the use of devices that circumvent the controls used by some companies
in the music industry to ensure that CDs cannot be copied or
transferred to digital players such as iPods.

Plans being considered by the WCO are being designed to enable customs
authorities seize devices of that nature. But Brazil is opposed to
such measures. =93Existing legislation allows me to take a CD that I=92ve
bought and transfer it to my iPod,=94 the diplomat argued. =93That is fair
and legal.=94

A WCO spokesman said, however, that the organisation=92s main desire is
to fight the trade in fake medicines.

=93We are not talking about designer handbags or designer sunglasses,=94
he added. =93There is an enormous amount of counterfeit medicines
flooding Africa in particular. From a health and safety angle, that
poses a particular concern.=94

=93Customs are not just a revenue collector. They are a protector of
society,=94 he said. =93The effect of counterfeit medicines on society is
to kill people. That=92s why customs are involved in this issue.=94

The spokesman also insisted that it will not be compulsory for WCO
member countries to place the =91model legislation=92 on their national
statute books. =93This is completely voluntary,=94 he said. =93Those that
are interested can jump on the bandwagon. And those who are not can
walk away.=94

A spokesman for the European Federation of Pharmaceutical Industries
and Associations (EFPIA) said, =93The fact is there are more counterfeit
medicines being distributed worldwide. Counterfeit medicines make
people incur health risks, so there has to be an international
response to this problem.=94

James Love from Knowledge Ecology International, an organisation
monitoring the global IP debate, alleged that there has been no
transparency about the discussions taking place at the WCO.

The lack of involvement of consumer and other advocacy groups in the
WCO=92s work may explain why rich country governments view it as a forum
where they can strive for new IP rules, free from scrutiny. =93They try
to pick a forum where consumer representation is weak,=94 he added.

David Cronin may be reached at info@ip-watch.ch.

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997