Free Trade Area of the Americas - FTAA |
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Public FTAA - COMMITTEE
OF GOVERNMENT REPRESENTATIVES ON THE PARTICIPATION OF CONTRIBUTION IN RESPONSE TO THE OPEN AND ONGOING INVITATION
Conclusions INTELLECTUAL PROPERTY RIGHTS WORKSHOP 1. INTRODUCTION The Intellectual Property standards in the hemisphere should give attention to the objectives enshrined in the Trade-related Intellectual Property Rights Agreement (TRIPs) within the framework of the WTO, promoting efficient protection, reducing distortions and obstacles to international trade and recognizing the fundamental objective of public policies, including research, development and dissemination of technology. The exchange started with a presentation made by the Chairman of the Workshop. Those issues agreed by consensus in previous fora were not taken into account. The participants agreed not to discuss them again. The rules of procedure for participants to take the floor were explained. The proposals contained in the presentations were put to considerations and it was explained that they could be approved by consensus. 2. RECOMMENDATIONS REACHED BY CONSENSUS 1. To encourage studies on property names in relation to trademarks and that this be considered jointly with the electronic commerce group. 2. The FTAA should adopt measures lo guarantee intellectual property rights for service marks and ensure the protection of intellectual property in the case of software and trade secrets. 3. To recommend carrying out studies on biological diversity and traditional knowledge in relation lo intellectual property. 4. To adopt technological protection measures to stimulate right holders to use the new technology and set standards to avoid cybernetic piracy. 5. To recommend government agencies of FTAA Member countries to adopt internal measures to ensure the use of legal computer programs. 6 .To adopt positions that will facilitate the transfer of technology towards less developed countries in order to reduce the asymmetries in the economies of the Hemisphere. 7. To create, within the framework of multilateral financial institutions, lines of financing to promote innovation, transfer and dissemination of technology within the Hemisphere, accepting that private companies may act as the local counterpart. 8. To recommend that FTAA's intellectual properly rights chapter comprise a section of geographic indications, including spirits. 3. AREAS OF DISAGREEMENT The scope of an Intellectual Property Rights Agreement within the FTAA
Patentability
Principle of exhaustion of rights
Compulsory Iicensing
Second use
Duration of the patent
Experimentation exception
Undisclosed information
Relations between government agencies
There have been divergent positions on the following issues:
Authorities of the Workshop Chairman: Gonzalo Guzmán Godoy (Mexico) |
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