Current trends in Current trends in EPA negotiations in EPA negotiations in

relation to IPRsrelation to IPRs

Fleur ClaessensFleur Claessens

Shift in strategyShift in strategy OLD: Mere adherence to multilateral agreementsOLD: Mere adherence to multilateral agreements NEW: Inclusion of more comprehensive substantive NEW: Inclusion of more comprehensive substantive

IPR provisions containing TRIPS plus provisionsIPR provisions containing TRIPS plus provisions

‘‘Goals of Lisbon Strategy 2000’: EU becoming the Goals of Lisbon Strategy 2000’: EU becoming the most competitive and dynamic knowledge-based most competitive and dynamic knowledge-based economy by 2010 - Innovation as key to successeconomy by 2010 - Innovation as key to success

‘‘Strategy to enforce IPRs in third countries of 2004’Strategy to enforce IPRs in third countries of 2004’10 November 2004 10 November 2004

‘‘Action Strategy for the Enforcement of IPRs’Action Strategy for the Enforcement of IPRs’ launched June 2006 at the EU-US summit in launched June 2006 at the EU-US summit in Brussels.Brussels.

EU Policy – Priorities of EU Policy – Priorities of the EUthe EU

Enforcement including an international Enforcement including an international anti-counter-feiting campaign ( plus anti-counter-feiting campaign ( plus criminal procedures –border measures)criminal procedures –border measures)

Protection of Geographical Indications Protection of Geographical Indications (extra protection for wines and spirits)(extra protection for wines and spirits)

Copyright in the digital environment Copyright in the digital environment

EU approach in EPAsEU approach in EPAs Recognition of the importance of the DOHA Recognition of the importance of the DOHA

declaration on the TRIPS Agreement and Public declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Health adopted on 14 November 2001 by the ministerial conference of the WTO.ministerial conference of the WTO.

Take necessary steps to accept the protocol Take necessary steps to accept the protocol amending the trips agreement (31 bis)amending the trips agreement (31 bis)

Compliance with UPOV 1991 Compliance with UPOV 1991 Incorporation of disclosure of origin Incorporation of disclosure of origin

requirement.requirement. Emphasis on technical assistance and Emphasis on technical assistance and

cooperationcooperation

WIPO AgreementsWIPO Agreements WIPO copyright 1996: WIPO copyright 1996: -adequate legal protection and effective legal -adequate legal protection and effective legal

remedies against the circumvention of effective remedies against the circumvention of effective technological protection measures (TPMs)technological protection measures (TPMs)

-Collecting Societies of the parties, with the -Collecting Societies of the parties, with the purpose of mutually ensuring easier access and purpose of mutually ensuring easier access and delivery of content at the regional level between delivery of content at the regional level between the territories of the parties. Useful tool to the territories of the parties. Useful tool to exploite cultural industries!exploite cultural industries!

WIPO Performances and Phonograms Treaty 1996WIPO Performances and Phonograms Treaty 1996 Rome Convention for the protection of Performers, Rome Convention for the protection of Performers,

Producers of Phonograms and Broadcasting Producers of Phonograms and Broadcasting Organisations Organisations

Wording implicationsWording implications

‘‘In conformity with’In conformity with’ ‘‘Adhere’ / ‘Ratify’ / ‘Subscribe’Adhere’ / ‘Ratify’ / ‘Subscribe’ ‘‘Apply’ / ‘Comply’Apply’ / ‘Comply’

Implications of differences in Implications of differences in wording?wording?

Broad definition of IPRsBroad definition of IPRs

Next to the traditional subject-matters Next to the traditional subject-matters of IPRs (copyrights and industrial of IPRs (copyrights and industrial designs, TMs, patents, industrial designs, TMs, patents, industrial designs it also includes, plant breeder’s designs it also includes, plant breeder’s rights, rights to TK, folklore and rights, rights to TK, folklore and genetic resources, and other rights genetic resources, and other rights recognized under trips, CBD and the recognized under trips, CBD and the international agreement on plant international agreement on plant genetic resources for food and genetic resources for food and agriculture (FAO Treaty). agriculture (FAO Treaty).

Cariforum and ESA Draft Cariforum and ESA Draft TextText

CARIFORUM (detailed text):CARIFORUM (detailed text): Objectives and principlesObjectives and principles IPR standardsIPR standards Enforcement (copied from enforcement directive)Enforcement (copied from enforcement directive) Regional integration and technical assistanceRegional integration and technical assistance Exhausion of right: caveatExhausion of right: caveat TRIPS + the sui generis rights for non-original databases. ‘qualitatively TRIPS + the sui generis rights for non-original databases. ‘qualitatively

and/or quantatively a substantial investment. and/or quantatively a substantial investment.

CARIFORUM seen as CARIFORUM seen as templatetemplate for all EPA negotiations for all EPA negotiations

ESA (simple text): more flexibilities – ‘ESA (simple text): more flexibilities – ‘public policy objectivepublic policy objective’ proposal’ proposal ESA: implementation of flexibilities provided under TRIPS, CBD and ESA: implementation of flexibilities provided under TRIPS, CBD and

international agreement of plant genetic resourcesinternational agreement of plant genetic resources Granting of farmers rightsGranting of farmers rights Disclosure of origin. prior informed consent and equitable benefit sharing Disclosure of origin. prior informed consent and equitable benefit sharing Technical and financial assistanceTechnical and financial assistance

ConclusionsConclusions

Thank youThank youMerciMerci

for all our documents:for all our documents:

www.iprsonline.orgwww.iprsonline.org

www.ictsd.orgwww.ictsd.org