[A2k] South Centre: WCO SECURE: Drama, Game or Negotiation?

[Vikas Nath]

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Dear All,

Attempts are currently underway to get the Provisional Standards Employed by
Customs for Uniform Rights Enforcement (SECURE) approved by the World
Customs Organization (WCO) Council in Brussels in June 2008. So how can
developing countries assess the likely impact of this attempt by the
developed countries to promote "TRIPS-Plus-Plus" agenda on international IP
enforcement regulations?"

In her opinion piece, Dr. Xuan LI, Coordinator, Innovation and Access to
Knowledge Programme, South Centre, Geneva illustrates the four scenarios
underlying the WCO/SECURE process. Understanding of these four scenarios can
provide a lens to policymakers in developing countries to assess the
situation to form the basis of their response.

Dr. Li queries, "If (i) no definition of protectable subject matter is
clarified, (ii) no appeal and review mechanisms are provided, (iii) no
exemption and limitations provisions are identified, (iv) the text contains
provisions that are unbalanced, favouring one stakeholder against another,
(v) benefits private sector at the cost of the State, (vi) expands benefits
of one stakeholder without properly defined obligations, would it be
reasonable to label such a standard as the best practice? *Common sense
tells us: No.
**

Why is it then that SECURE which exhibits all the above elements that should
not be a part of international standards is being lauded as a "best
practice" for adoption at the forthcoming WCO session?"


*

Read the complete article, *"WCO SECURE: Drama, Game or
Negotiation?"*appearing in the recent issue of the South Bulletin:
Reflections and
Foresights available for download from:

http://www.southcentre.org/index.php?option=com_content&task=view&id=643&Itemid=1

Do not forget to browse the new open-source website of South Centre:
www.SouthCentre.org too for other articles on WCO/SECURE Issues.

Best regards,

Vikas Nath

Head - Media and Communication

South Centre (An intergovernmental organization of the developing countries)

Geneva

www.SouthCentre.org

Email: nath@southcentre.org