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[FYI] WTO, TRIPS, EU: EC & Intellectual Property
- To: debate@fitug.de
- Subject: [FYI] WTO, TRIPS, EU: EC & Intellectual Property
- From: Horns@t-online.de (Axel H. Horns)
- Date: Wed, 21 Jul 1999 19:42:38 +0100
- Comment: This message comes from the debate mailing list.
- Organization: PA Axel H. Horns
- Reply-to: horns@t-online.de
- Sender: owner-debate@fitug.de
http://www.europa.eu.int/comm/dg01/intel2.htm
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Submission by the European Communities and their
Member States to the TRIPs Council on the Work
Programme on Electronic Commerce
20 April 1999
A. Introduction
Following the Declaration on Global Electronic
Commerce adopted by Ministers at the second
session of the Ministerial Conference on 20 May
1998, the General Council established a
comprehensive work programme for the relevant
WTO bodies, including the TRIPs Council, to
examine all trade-related issues relating to
global electronic commerce, taking into account
the economic, financial, and development needs
of developing countries, and to report on the
progress of the work programme, with any
recommendations for action, to the third session
(WT/L/274), on 25 September 1998. Specifically,
the TRIPS Council is requested to examine and
report on the intellectual property issues
arising in connection with electronic commerce.
The issues to be examined shall include (the
implication of electronic commerce for) (a) the
protection and enforcement of copyright and
related rights, (b) the protection and
enforcement of trademarks and (c) new
technologies and access to technology.
In order to assist WTO Members in their
deliberations, the WTO Secretariat prepared a
general note discussing the relationship between
WTO Agreements and global electronic commerce
(WT/GC/W/90 of 14 July 1998). A more specific
Background Note on intellectual property rights
was prepared by the WTO Secretariat for the
TRIPs Council (IP/C/W/128 of 10 February 1999).
In addition, a Memorandum on 'Intellectual
Property and Electronic Commerce' dated 31 July
1998 was prepared by the Director General of
WIPO.
[...]
D. Conclusion
In summary, the following observations can be
made:
The TRIPs Agreement, together with other
international conventions, already provides
for a sound basis for the protection of
intellectual property rights in the
off-line world and the on-line environment,
which could be built upon, if necessary. In
certain areas, shortcomings exist in the
present system for the protection of
intellectual property rights. In other
areas, it has to be recognised that the
TRIPs Agreement does only provide for
minimum standards and does not aim at
harmonising all aspects of intellectual
property rights. Consequently, differences
in the national protection systems appear
to be inevitable. Some of the shortcomings
might relate to issues which could go
beyond those purely related to the
protection of intellectual property rights
and, therefore, might have to be addressed
in a more horizontal manner. Work is
already well under way in other
international fora, notably WIPO. These
developments will be closely followed. At
an appropriate time in the future, and
taking into account work done in other
fora, it might be desirable to adapt or
clarify the provisions of the TRIPs
Agreement to reflect new technological
developments in order to help foster a
legal environment where electronic commerce
can develop to the benefit of all
participants.
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