1. INTRODUCTION

The Intellectual Property standards in the hemisphere should give attention to the objectives enshrined in the Trade-related Intellectual Property Rights Agreement (TRIPs) within the framework of the WTO, promoting efficient protection, reducing distortions and obstacles to international trade and recognizing the fundamental objective of public policies, including research, development and dissemination of technology.

The exchange started with a presentation made by the Chairman of the Workshop. Those issues agreed by consensus in previous fora were not taken into account. The participants agreed not to discuss them again.

The rules of procedure for participants to take the floor were explained.

The proposals contained in the presentations were put to considerations and it was explained that they could be approved by consensus.

1. To encourage studies on property names in relation to trademarks and that this be considered jointly with the electronic commerce group.

2. The FTAA should adopt measures lo guarantee intellectual property rights for service marks and ensure the protection of intellectual property in the case of software and trade secrets.

3. To recommend carrying out studies on biological diversity and traditional knowledge in relation lo intellectual property.

4. To adopt technological protection measures to stimulate right holders to use the new technology and set standards to avoid cybernetic piracy.

5. To recommend government agencies of FTAA Member countries to adopt internal measures to ensure the use of legal computer programs.

6 .To adopt positions that will facilitate the transfer of technology towards less developed countries in order to reduce the asymmetries in the economies of the Hemisphere.

7. To create, within the framework of multilateral financial institutions, lines of financing to promote innovation, transfer and dissemination of technology within the Hemisphere, accepting that private companies may act as the local counterpart.

8. To recommend that FTAA's intellectual properly rights chapter comprise a section of geographic indications, including spirits.

The scope of an Intellectual Property Rights Agreement within the FTAA

• The treatment of intellectual property within the FTAA should be limited to the standards contemplated in the TRIPs Agreement without trying to raise or introduce new protection areas.
   

• To exceed the Intellectual Property Rights standards contemplated by the TRIPs Agreement.

• To eliminate the exclusions of plant and animal patenting
   

• To restrict the field of patentability of biotechnology as much as possible

Principle of exhaustion of rights

• To apply the principle of national exhaustion of rights to avoid parallel imports.
   

• To apply the principle of international exhaustion of rights in the field of intellectual property

• To implement the non-restrictive nature of compulsory licenses
   

• To adopt the restrictive nature of compulsory licenses

Second use

• To expressly exclude the protection of second uses of already patented products
   

• To admit second use patentability

• To establish a supplementary protection that extends the enforcement of the rights granted by a patent, whenever the delay in obtaining the relevant marketing authorizations on the part of administrative agencies does not allow the holder to fully exercise such rights.
   

• Not to accept the extension of the life of patents.

• To implement the experimentation exception for commercial purposes, allowing for the analysis and use of information and the patented product so as to obtain the sanitary approval of products before the expiration of the patent so as to market them after the expiration thereof.
   

• To restrict experimental use of the patented invention so as to avoid any commercially relevant use during the life of the patent.

• To protect undisclosed information and reject any attempt to consider that information exclusive and allow the marketing of similar products that are of public domain.
   

• To protect undisclosed information as long as the trade secret is in force. This information shall not be used to obtain a second authorization permit by a person other that the owner thereof al least for 5 years.

• To maintain the independence of Patent Offices and the drug regulatory agencies
   

• Establishing linkages between Patent Offices and Regulatory Agencies.

• Dispute settlement
   

• Plant varieties protection
   

• To explicitly contemplate the local development requirement to grant patents
   

• Patent local development requirements
   

• Mechanisms to facilitate the granting of patents and registration of trademarks in multiple countries