EU and CARIFORUM Countries to Deepen Integration in Intellectual Property Rights

June 24, 2008

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The European Union and CARIFORUM states, under the Economic Partnership Agreement (EPA), have agreed to continue to consider steps towards deeper integration in the field of intellectual property rights in their respective regions.
This process is expected to cover further harmonization of intellectual property laws and regulations, progress towards regional management and enforcement of national intellectual property rights, as well as the creation and management of regional intellectual property rights, as appropriate.
As outlined in the pact, the EU and CARIFORUM will exchange views and information on their practices and policies affecting transfer of technology, both within their respective regions and with third countries.
This will include measures to facilitate information flows, business partnerships, licensing and subcontracting. Particular attention is to be paid to the conditions necessary to create an adequate enabling environment for technology transfer in the host countries, including issues such as development of human capital and legal framework.
Further, the signatories have agreed to take appropriate measures to prevent or control licensing practices or conditions pertaining to intellectual property rights, which may adversely affect the international transfer of technology, and that constitute an abuse of intellectual property rights by right holders or an abuse of obvious information asymmetries in the negotiation of licences.
The EU is expected to facilitate and promote the use of incentives granted to institutions and enterprises in their territories for the transfer of technology to institutions and enterprises of the CARIFORUM states, in order to enable the CARIFORUM countries to establish a viable technological base. It will also endeavour to bring any known measures to the attention of the CARIFORUM/EC Trade and Development Committee for discussion and review.
The parties are also bound to comply with the World Intellectual Property Organization (WIPO) Copyright Treaty; the WIPO Performances and Phonograms Treaty and should seek to accede to the Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations.
Furthermore, the parties will facilitate the establishment of arrangements between their respective collecting societies with the purpose of mutually ensuring easier access and delivery of licences for the use of content at the regional level, throughout Europe and CARIFORUM states, so that right-holders are adequately rewarded for the use of such content.
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Last Updated: June 24, 2008