The global voice for consumers La voix des Consommateurs à travers le monde La voz global para la defensa de los consumidores

Consumers International IP Watch List Jeremy Malcolm Project Coordinator, Consumers International 23 April 2009

Why a IP Watch List for Consumers? The idea goes back a number of years Intended as a counterpart to the USTR 301 Report Not just a survey of “black-letter” law To be used as an advocacy tool and to balance the normative impact of the USTR 301 Report First edition released in April 2009 – Brought forward for the Obama administration

About the USTR 301 Report Mandated under s.182 of the Trade Act of 1974 Issued by the United States Trade Representative Public input invited by 17 February 2009 Government input invited by 2 March 2009 Previous reports based strongly on input of PhRMA and International Intellectual Property Alliance Released around 30 April each year

Objectives of the USTR 301 Report Claims “to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection” Includes a Priority Watch List of egregious offenders Imposes TRIPS-plus expectations – eg. criticises compulsory licensing of drug patents

Objectives of the Consumers International IP Watch List 2009 Watch List included 16 countries, next year 25 Will identify countries whose IP policies and practices are harmful to consumers Expert Advisory Group will group reports into most and least favourable countries Preface to contain overall conclusions

Example questions from the A2K Watch List Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention? Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? Can copyright works be non-commercially remixed or mashed up into new works?

Completing an IP Watch List Report Are you on the list of countries we are interested in? See what's needed at revised criteria will be ready by April 2009 Contact a partner in your country if you need help Sign a letter of agreement with CI for work on consumer survey and Watch List – funding available Start work from July 2009, reports due by December

Jeremy Malcolm Project Coordinator, Consumers International