[Ip-health] IP-Watch: Draft EU-Caribbean Agreement Shows Escalated IP Provisions

[Thiru Balasubramaniam]

http://www.ip-watch.org/weblog/index.php?p=3D463&res=3D1024_ff&print=3D0

17/11/2006

Draft EU-Caribbean Agreement Shows Escalated IP Provisions


By William New

A new =93non-paper=94 by the European Communities on the economic
partnership agreement under negotiation with 15 Caribbean countries
shows an elevation of intellectual property standards above global
trade rules.

The new draft text prepared for the next round of negotiations and
obtained by Intellectual Property Watch, appears to show the European
Commission nudging the 15 nations of the Caribbean Forum of ACP States
(CARIFORUM) to adopt standards that exceed the World Trade Organization
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS).

The draft text of the intellectual property sections, available to
IP-Watch Monthly Subscribers, contains suggestions for the adoption of
provisions based on the European Union enforcement directive, which has
been criticised by some as overly restrictive.

The text also refers to a range of treaties negotiated at the World
Intellectual Property Organization (WIPO) that are not required by
TRIPS, including the so-called 1996 WIPO =93Internet treaties=94 on
performers and producers, as well as copyrights on the Internet. The
draft treaty also has additional provisions on copyrights, patents,
trademarks and Internet domain name processes, and the extension of
additional protection for geographical indications. These are product
names derived from specific geographical regions.

Caribbean countries have long had special trade treatment with Europe.
Negotiations to alter the relationship through an Economic Partnership
Agreement were launched in 2004. The sides are working under a deadline
of mid-2007 to replace the Coutonou agreement which was found to be
inconsistent with WTO rules. The countries of the African, Caribbean
and Pacific regions, which were collectively in an agreement with the
European Union have been now separated by region.

CARIFORUM members include: Antigua and Barbuda, The Bahamas, Barbados,
Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti,
Jamaica, St. Kitts and Nevis, St. Lucia, St. Vincent and the
Grenadines, Suriname, and Trinidad and Tobago.

William New may be reached at wnew@ip-watch.ch.

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Thiru Balasubramaniam
Geneva Representative
CPTech
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@cptech.org