1. Current trends in EPA negotiations in relation to IPRs Fleur Claessens

2. Shift in strategy OLD: Mere adherence to multilateral agreements OLD: Mere adherence to multilateral agreements NEW: Inclusion of more comprehensive substantive IPR provisions containing TRIPS plus provisions NEW: Inclusion of more comprehensive substantive IPR provisions containing TRIPS plus provisions ‘Goals of Lisbon Strategy 2000’: EU becoming the most competitive and dynamic knowledge-based economy by 2010 - Innovation as key to success ‘Strategy to enforce IPRs in third countries of 2004’ 10 November 2004 ‘Action Strategy for the Enforcement of IPRs’ launched June 2006 at the EU-US summit in Brussels.

3. EU Policy – Priorities of the EU Enforcement including an international anti- counter-feiting campaign ( plus criminal procedures –border measures) Enforcement including an international anti- counter-feiting campaign ( plus criminal procedures –border measures) Protection of Geographical Indications (extra protection for wines and spirits) Protection of Geographical Indications (extra protection for wines and spirits) Copyright in the digital environment Copyright in the digital environment

4. EU approach in EPAs Recognition of the importance of the DOHA declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the ministerial conference of the WTO. Recognition of the importance of the DOHA declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the ministerial conference of the WTO. Take necessary steps to accept the protocol amending the trips agreement (31 bis) Take necessary steps to accept the protocol amending the trips agreement (31 bis) Compliance with UPOV 1991 Compliance with UPOV 1991 Incorporation of disclosure of origin requirement. Incorporation of disclosure of origin requirement. Emphasis on technical assistance and cooperation Emphasis on technical assistance and cooperation

5. WIPO Agreements WIPO copyright 1996: WIPO copyright 1996: -adequate legal protection and effective legal remedies against the circumvention of effective technological protection measures (TPMs) -adequate legal protection and effective legal remedies against the circumvention of effective technological protection measures (TPMs) -Collecting Societies of the parties, with the purpose of mutually ensuring easier access and delivery of content at the regional level between the territories of the parties. Useful tool to exploite cultural industries! -Collecting Societies of the parties, with the purpose of mutually ensuring easier access and delivery of content at the regional level between the territories of the parties. Useful tool to exploite cultural industries! WIPO Performances and Phonograms Treaty 1996 WIPO Performances and Phonograms Treaty 1996 Rome Convention for the protection of Performers, Producers of Phonograms and Broadcasting Organisations Rome Convention for the protection of Performers, Producers of Phonograms and Broadcasting Organisations

6. Wording implications ‘In conformity with’ ‘In conformity with’ ‘Adhere’ / ‘Ratify’ / ‘Subscribe’ ‘Adhere’ / ‘Ratify’ / ‘Subscribe’ ‘Apply’ / ‘Comply’ ‘Apply’ / ‘Comply’ Implications of differences in wording? Implications of differences in wording?

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

8. Cariforum and ESA Draft Text CARIFORUM (detailed text): CARIFORUM (detailed text): Objectives and principles Objectives and principles IPR standards IPR standards Enforcement (copied from enforcement directive) Enforcement (copied from enforcement directive) Regional integration and technical assistance Regional integration and technical assistance Exhausion of right: caveat Exhausion of right: caveat TRIPS + the sui generis rights for non-original databases. ‘qualitatively and/or quantatively a substantial investment. TRIPS + the sui generis rights for non-original databases. ‘qualitatively and/or quantatively a substantial investment. CARIFORUM seen as template for all EPA negotiations CARIFORUM seen as template for all EPA negotiations ESA (simple text): more flexibilities – ‘public policy objective’ proposal ESA (simple text): more flexibilities – ‘public policy objective’ proposal ESA: implementation of flexibilities provided under TRIPS, CBD and international agreement of plant genetic resources ESA: implementation of flexibilities provided under TRIPS, CBD and international agreement of plant genetic resources Granting of farmers rights Granting 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 assistance Technical and financial assistance

9. Conclusions

10. Thank you Merci for all our documents: www.iprsonline.org www.ictsd.org www.iprsonline.org www.ictsd.org www.iprsonline.org www.ictsd.org