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<B>Dear All,<BR>
<BR>
Below is a sign-on letter to the World Customs Organisation (WCO) <BR>
protesting the TRIPS plus plus standards on IP enforcement that are being <BR>
pushed through by the Secretariat. These standards if adopted will have dire <BR>
consequences for the right to development of developing countries <BR>
and affect access to essential items such as access to medicines and knowledge. <BR>
<BR>
Several developing countries such as Brazil, Argentina, Bolivia, Cuba etc. <BR>
have taken issue with the TRIPS plus standards being pushed at WCO as well as <BR>
with the lack of transparency and accountability within the WCO.<BR>
<BR>
In addition, only business groups that are pro-IP enforcement are presently<BR>
allowed to participate and provide input into the standard setting process.<BR>
<BR>
This sign-on letter raises all of the abovementioned issues and is intended <BR>
to provide support to the efforts of developing countries to protest against these standards<BR>
and to open up the process in WCO so that the implications of the standards <BR>
that are being negotiated are better understood. <BR>
<BR>
If your organisation is able to sign on to this letter, please send the name of your organization <BR>
country, contact person and email address by 28th October to ssangeeta@myjaring.net<BR>
<BR>
Please feel free to circulate this to your allied groups and ask them to <BR>
respond by 28th October to the email address ssangeeta@myjaring.net <BR>
<BR>
This letter will be sent to the WCO on 29th October before its <BR>
next meeting. <BR>
<BR>
Thanks for showing solidarity. <BR>
Pls do not hesitate to contact us should you require more information. <BR>
Also see <a href="http://www.twnside.org.sg/title2/intellectual_property/info.service/2008/twn.ipr.info.080612.htm">http://www.twnside.org.sg/title2/intellectual_property/info.service/2008/twn.ipr.info.080612.htm</a><BR>
for an update on the recent push for TRIPS plus plus enforcement standards.<BR>
<BR>
Sangeeta Shashikant<BR>
Third World Network<BR>
email: ssangeeta@myjaring.net<BR>
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SIGN-ON LETTER TO THE WORLD CUSTOMS ORGANISATION<BR>
<BR>
20th October 2008<BR>
<BR>
Mr. Kunio Mikuriya <BR>
Office of the Secretary General <BR>
World Customs Organization <BR>
30, Rue du Marché B-1210 Brussels<BR>
<BR>
Dear Sir,<BR>
<BR>
We the undersigned public interest groups are writing to raise our concerns <BR>
about recent developments in the World Customs Organisation, in particular <BR>
the setting of intellectual property enforcement standards that go beyond <BR>
the TRIPS agreement (TRIPS plus) in the SECURE Working Group, the lack of <BR>
dialogue with, and involvement of public interest organisations in the <BR>
standard setting process and the lack of transparency surrounding the <BR>
Working Group’s work. <BR>
<BR>
IP is a complex topic and the subject of intense debate nationally as well <BR>
as globally especially since the establishment of minimum IP obligations by <BR>
the TRIPS Agreement. For developing countries and even consumers in <BR>
developed countries, these standards have created severe problems in terms <BR>
of access to essential items such as medicines, knowledge and other tools <BR>
necessary for development. It is therefore of utmost importance to ensure <BR>
that the policy space and flexibilities that are inherent in the TRIPS <BR>
Agreement are retained, to always enable the right balance between public <BR>
interests and the interests of the IP holder as well as to safeguard the <BR>
right to development of developing countries. <BR>
<BR>
Article 7 of the TRIPS Agreement is clear and explicit on this: “The <BR>
protection and enforcement of intellectual property rights should contribute <BR>
to the promotion of technological innovation and to the transfer and <BR>
dissemination of technology, to the mutual advantage of producers and users <BR>
of technological knowledge and in a manner conducive to social and economic <BR>
welfare, and to a balance of rights and obligations”.<BR>
<BR>
In this context the expansive IP enforcement standards being pushed <BR>
hurriedly in the SECURE Working Group are of deep concern. It is well known <BR>
that the recent push for strong TRIPS plus enforcement standards comes from <BR>
developed countries and their commercial entities, and they are seeking <BR>
international organizations to set such standards on their behalf. Noting <BR>
the recent developments at the WCO, it appears that WCO is targeted as one <BR>
such organisation.<BR>
<BR>
We are strongly of the view that activities taking place within the SECURE <BR>
Working Group such as the “Working Draft on Provisional Standards Employed <BR>
by Customs for Uniform Rights Enforcement” are heavily tilted in favor of <BR>
the rights of the IP holders and go against the interests of developing <BR>
countries as they are TRIPS plus in nature and will not only undermine <BR>
access for developing countries but also require these countries to divert <BR>
public resources into enforcement of private rights. And although the SECURE <BR>
standards are purported to be "voluntary", it can be anticipated that <BR>
developed country parties and other entities will put pressure on developing <BR>
countries to adopt these as national law, via bilateral instruments or <BR>
technical assistance.<BR>
<BR>
The activities also extend beyond the authority, capacity as well as the <BR>
expertise of customs officials. For example, customs officials would not <BR>
have the capacity or the expertise to determine whether a particular <BR>
pharmaceutical product infringes patent rights or is a legitimate generic <BR>
medicine being imported for local needs, consistent with flexibilities <BR>
available within the TRIPS Agreement. In addition the standards introduced <BR>
could potentially work as a barrier to international trade of generic <BR>
medicines.<BR>
<BR>
Thus we firmly believe that the WCO and the SECURE Working Group in <BR>
particular needs to engage in a long period of reflection and discussion <BR>
before adopting any instrument in relation to IP. This is because if the <BR>
delicate balance between the public interests and IP holder as well as the <BR>
policy space found in the TRIPS agreement is lost, the consequences <BR>
particularly in developing countries will be dire.<BR>
<BR>
We are also very concerned, that despite the wide-ranging effects of the <BR>
SECURE Working Group’s work and its implications on access to knowledge, the <BR>
right to health as well as other fundamental rights of citizens of the <BR>
world, SECURE only benefits from the inputs of the private sector which <BR>
favor an IP enforcement agenda. In addition documents for discussion in the <BR>
SECURE Working Group as well as meeting reports and other relevant documents <BR>
are not readily available on the WCO’s website, making it difficult for <BR>
public interest groups to follow developments on the activities of the WCO <BR>
as well as of SECURE. <BR>
<BR>
In view of the above, we the undersigned public interest organizations <BR>
urgently call on the WCO to:<BR>
<BR>
(1) enable the accreditation of public interest NGOs to the various WCO <BR>
bodies and in particular the SECURE Working Group, to participate in <BR>
discussions of any instruments pertaining to intellectual property rights;<BR>
<BR>
(2) make publicly available all documents that will be considered in, as <BR>
well as the meeting reports, agenda, and participants list of the various <BR>
WCO bodies, in particular the SECURE Working Group;<BR>
<BR>
(3) provide an opportunity to public interest NGOs to submit written inputs <BR>
on the documents being the object of consideration by SECURE Working Group <BR>
and to disseminate these inputs widely;<BR>
<BR>
(4) initiate public discussion within the context of the SECURE Working <BR>
Group, with the participation of a wide variety of stakeholders and experts <BR>
reflecting a balance of perspectives to provide an opportunity for the <BR>
Working Group to better understand the implications of SECURE standards. The <BR>
discussion should also deliberate on the appropriate role and scope of IP <BR>
enforcement and of customs officials in these matters and accordingly the <BR>
role of WCO (if any) in these matters.<BR>
<BR>
<B><U>Signatories<BR>
</U></B>Act Up Paris<BR>
Center for Encounter and Active Non-Violence, Austria<BR>
Coalition for Health Promotion and Social Development (HEPS-Uganda)<BR>
Consortium for trade and development, India<BR>
Consumers Association of Penang, Malaysia<BR>
Edmonds Institute, US<BR>
Economic Justice and Development Organization (EJAD), Pakistan<BR>
Health Action International (Global)<BR>
Research Foundation for Science, Technology and Ecology, India <BR>
Third World Network<BR>
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